21.9 受保护者(al-m'ustamin)
21.9 The Protected Person (al-m'ustamin)
“المُسْتَأْمَن”,即在“ميم”上带“كسرة”的,是寻求安全保障的人。他是带着安全保障进入他人国土的人,即凭借安全保障进入他国的人,无论他是穆斯林还是交战国的人。如果穆斯林带着安全保障进入战争之地(Dar al-Harb),他就不得对他们的任何财物有所侵犯,因为穆斯林必须遵守他们所订立的条件。如果他带走了他们的某些财产,而并非以武力夺取,比如以欺骗或盗窃的方式获得,那么他对这些财产的占有就是非法的所有权,他必须将其作为施舍(sadaqa)捐出。而如果他是以武力夺取的,则应归还给他们,因为以武力夺取的财物,对被夺者而言是受到保障的;无论夺取者是非信徒还是穆斯林,都须归还。正如穆斯林带着安全保障进入异教徒之地是被允许的,交战国的人带着安全保障进入穆斯林之地也是被允许的。先知穆罕默德ﷺ在征服麦加之日确实给予了异教徒安全保障,并且说道:
The “M'ustamin” with a “kasra” in the “meem” is the one seeking security. He is the one entering the homeland of another with a security i.e. the one who enters another’s country with a security whether he was a Muslim or belligerent. If the Muslim enters the war homeland (Dar al-Harb) with a security, it is forbidden for him to oppose anything from them as Muslims are bound by their conditions. If he leaves with anything of their property which he did not take by force such as he took by guile or theft, his possession of these is a forbidden ownership and he must give them as sadaqa. Whereas if he seizes by force, it is returned to them since seizure by force is ensured for the one seized from; it is returned to him whether he was a disbeliever or a Muslim. Just as a Muslim’s entry into the kufr land is allowed with a security, the belligerent is allowed to enter the Muslims’ land with a security. The Messenger of Allah (saw) did give security to the disbelievers on the day of the conquest of Makkah and said:
“谁关上门,谁就安全”(由穆斯林辑录)。
“Whoever closes his door is safe” (narrated by Muslim).
他保障了多神教徒使者的安全,并禁止背弃已获得安全保障之人。来自艾布·赛义德,他说:安拉的使者ﷺ说:
He guaranteed security to the envoys of the polytheists and forbade betrayal of the one given security. From Abu Said who said: The Messenger of Allah (saw) said:
“每个背信者在审判日都会有一面旗帜,依其背信的程度而升起。没有比民众的领袖背信更大的背信了。”(穆斯林圣训实录所载)
“There is a flag for each betrayer on the Day of Judgement raised according to his betrayal. And there is no betrayer of greater betrayal than the leader of the masses” (narrated by Muslim).
然而,持有安全保障的交战者,不得被允许在穆斯林的土地上长期居住多年。他被给予的安全保障可以是一个月、两个月或更长时间,但不得超过一年。如果他被给予没有确定期限的无限制安全保障,依照惯例以一年为准,因为允许他在伊斯兰国家中无需缴纳人头税而居住一年,所以给予他一年的期限。如果他超过这一期限,则让他在居住并被强制缴纳人头税与离开伊斯兰领土之间作出选择。如果他在一年后仍留下,则视为他接受了人头税,并对他施加庇护契约(dhimmah),使他成为受保护的民众(dhimmi),并向他收取人头税,因为不允许非穆斯林在没有缴纳人头税的情况下留在伊斯兰土地上。届时,应缴的人头税即从他身上免除,而庇护契约则强制施加于他。如果他在一年期满时或期满之前离开,则不再对他征收人头税。如果他离开,其之前的安全保障即失效,因此若他想再次入境,就需要新的安全保障。
However the belligerent with a security is not enabled to dwell in the Muslims’ land for years. He is given security for a month or two or more but is not given for more than one year. If he is given an unrestricted security without a determined period, the convention is a year as it is allowed for him to reside in the Islamic State without jizyah so he is given a year. If he exceeds this, he is given a choice between residence and being compelled with the jizyah or leaving Dar al Islam. If he stays after a year, it is considered that he accepted the jizyah and the dhimmah is imposed upon him so he becomes a dhimmi and jizyah is taken from him because it is not permitted for a disbeliever to remain in the Islamic land without jizyah. The jizyah due falls from him and the dhimmah becomes compelled upon him. If he leaves at the end of the year or before it, jizyah does not fall due from him. If he leaves, his previous security is invalidated so if he wishes to enter a second time he requires a new security.
为musta'min提供保护是哈里发的义务,只要他身处伊斯兰之地(Dar al-Islam),因此他的地位与dhimmah民的地位相同。若musta'min犯下了应受惩罚的罪行,除了饮酒的法定惩罚外,所有惩罚都会像对待dhimmah民那样施加于他。这是因为伊斯兰之地是执行沙里亚法规的场所,因此沙里亚法规适用于其中的所有人,无论穆斯林、dhimmi民还是musta'mineen。先知穆罕默德ﷺ曾致函纳季兰的盟约之民,他们是基督徒。
Supporting the musta’min is obliged upon the Khalifah as long as he is in Dar al-Islam, so his rule is like the rule of the people of dhimmah. If the musta’min commits what obliges a punishment, all punishments are undertaken against him like the people of dhimmah except the obligatory punishment of alcohol as the Dar al-Islam is the place for enforcing the Shari’ah rules so the Shari’ah rules are enforced upon everyone within it among Muslims, dhimmis or musta’mineen. The Messenger of Allah (saw) wrote to the pledge of Najran and they were Christians:
“是的,凡向你宣誓效忠于利息(ribā)的人,他便没有dhimmah(保护)。”
“Verily whoever pledges allegiance to you upon riba, there is no dhimmah for him.”
因为利息(ribā)属于伊斯兰的律例,先知ﷺ不向受保护者(ahl al-dhimmah)中的人索取利息的做法,是遵守这些律例的证据;而受保护的入境者(musta’min)则与受保护者(dhimmī)一样对待。
Riba is from the Islamic rules so the Messenger’s implementation of no pledge upon riba from the people of dhimmah is an evidence for commanding with the rules, and the musta’min is dealt with the dealing of the dhimmi.
《伊斯兰人格》第二卷 193
The Islamic Personality Vol 2 193
如果穆斯塔敏为自己求得了安全保障,那么这份安全保障也同时是对他财产的保障,即使他并未为财产另行求取保障。因此,他的财产和他的身体一样受到保护;如果穆斯林毁坏了他的酒和猪,穆斯林应当赔偿其价值。若穆斯林误杀了他,穆斯林须支付血金;若穆斯林故意杀害了他,则应对穆斯林处以死刑。伤害穆斯塔敏是必须禁止的,背后非议他也是被禁止的,因为他所受的对待与处于dhimmah(齐米)的人相同。如果穆斯塔敏在伊斯兰之地去世,而他的继承人身处战争之地(Dar al-Harb),他的财产将被保全,并且无论是从穆斯林还是从dhimmah之民那里,都要取得证明,因为这是受保护的财产,因此应当交还给继承他的所有人。总之,凡向穆斯林请求安全保障的人,穆斯林可以给予他们安全保障,这是根据真主的话语而允许的。
If the musta’min takes a security for himself, this security is (also) a security for his property with him even if he did not take a security for it. So his property is protected as is his body and the Muslim ensures the value of his alcohol and pig if he destroyed them. Blood money is obliged upon him if he kills accidentally and he is killed for him if he kills him deliberately. It is obligatory to abstain from harming the musta’min and backbiting behind him is forbidden since he is dealt with like the dhimmi is dealt with. If the musta’min dies in Dar al-Islam and his heirs are in Dar al-Harb, his property is preserved and the evidence is taken whether from the Muslims or the people of dhimmah as it is protected property so it is handed over to its owners who inherit him. In short all who request security y from Muslims, it is allowed for the Muslims to give them security due to Allah’s statement:
“如果多神教徒中有人寻求你的庇护,你就保护他,直到他听到安拉的言辞,然后把他送到他的安全之地。” [TMQ 9:6]
“If any one of the polytheists seek protection then protect him until he hears the speech of Allah then lead him to his place of safety” [TMQ 9:6]
因为安全保障(dhimmah,即契约性的庇护)与盟约已经给予,而先知(愿主赐福他并使他平安)说:
And because the security is giving the dhimmah and covenant and the Messenger (saw) says:
“所有穆斯林的血是平等的,他们对抗他人时如同一只手。其中地位最低的人所给予的庇护,同样适用于所有人。”(由伊本·马哲辑录)
“The blood of every Muslims is equal, they are one hand against others. The asylum offered by the lowest of them in status applies to them (all)” (Narrated by ibn Majah)
然而,这种安全保障以他们服从伊斯兰教的法律为前提,并以他们在应缴纳时按时缴纳吉兹亚为条件,这是出于安拉的经文:"{直到他们以卑微的状态亲自缴纳人头税}"。
However this security is restricted to their submission to the rules of Islam and by their giving the jizyah when it becomes due from them due to Allah’s statement:
“直到他们亲手缴纳吉兹亚,并且处于卑微的地位。” [TMQ 9:29]
“Until they pay jizyah by their hands while they are humbled” [TMQ 9:29]
即,除非他们缴纳人头税(jizyah)并服从伊斯兰教法的规定,否则不得免于被杀,也不得获得不被杀的保障。他们在伊斯兰之地(Dar al-Islam)居住期间接受服从伊斯兰教法的规定,便足以使他们获得保障。若他们居住的时间达到一年(即圣战应当对他们适用的期限),则要求他们离开。若他们拒绝,则向他们征收人头税,他们便成为受保护的民众(dhimmis)。
I.e. killing is not lifted from them nor is they given security from killing except if they give the jizyah and submit to the rules of Islam. Their accepting submission to the rules of Islam while residing in Dar al-Islam is sufficient to provide them security. If they dwell a period for which jihad becomes due from them which is a year, they are requested to leave. If they refuse then jizyah is imposed upon them and they become dhimmis.