28. 个人之间的关系
28. Relationships Between Individuals
这些已经阐明的规则,是伊斯兰国与其他国家、民族和人民之间关系的沙里亚规则的一个示例。其中一些规则已在此予以说明,作为其余规则的范例,直至向穆斯林阐明这些一般关系所依据的基础,以及处理其问题的规则类别。个人之间也存在着关乎其生活利益的关系。伊斯兰教来临后,以沙里亚规则处理了这些个人之间的关系:这些规则就个人关系而言是具体的,而就人作为人的本质而言则是普遍适用于全人类的。
The rules which have been explained are a sample of the Shari’ah rules related to the Islamic State and its relationship with other states, peoples and nations. Some of the rules were clarified therein as a sample for the rest of the rules until it is clarified for the Muslim thence the basis upon which these general relations stand and the category of rules which treat its problems. There are relations between individuals upon which their benefits stand in their lives. Islam came and treated these relations between individuals with Shari’ah rules specific with individual relations, general for human beings in his essence as a human being.
伊斯兰在其全部立法中,是为人类而立法,而不是为某个特定的个人而立法,但它所立法的,是体现于个人之中的人类。它为这些具有人性属性的个人立法,将他们视为构成社会的人群,并为这些个人与社群制定他们所需要的人际关系,以及个人之间的关系,而正是这些关系的存在构成了一个社群。由于“人”这一概念所指的是人类这一物种,而与其是哈立德还是穆罕默德无关,因此这一立法是为这种“人”而降,而不是为某个特定的个人。而由于个体所指的,是某个具体的人,即这一个哈立德或那一个穆罕默德,伊斯兰将个人所被要求履行的立法责任,定为以其个体身份来履行,其目的在于处理个人作为个体的问题,并要求其遵守伊斯兰所带来的一切约束。法律虽然是为人类而立,但被要求承担其责任的,是任何一个具体的哈立德或穆罕默德。然而,这并不是指他作为独特个人的身份,即那些不与他人相通的特殊之处,例如他的身高、他对嫩草的喜爱、他不吃肉的习惯,而是指他作为人的身份,即适用于人的天性属性之上的身份,其中显现出生命的活力,并体现在他作为人的行为之中。伊斯兰颁布律法,以规范个人在公共与私人生活中的关系,即它制定规则来调整人与人之间的关系,正如它制定规则来调整人与国家之间的关系,国家与其他国家之间的关系,或调整社群作为社群的各方面事务。 这些规定都是针对某个特定的人所设定的,比如穆罕默德、哈立德或哈桑,但它们所依据的是他作为一个人的身份。
Islam in all its legislation legislates for human beings not for specific individuals but it legislates for the human being represented in individuals. It legislates for these individuals with their human attribute in their consideration as a collection of people who are a community and legislates for these individuals and this community what they need of relationships and of the relationships between individuals by whose existence a community is created. And since the connotation by human beings is the species of human beings irrespective of his being Khalid or Muhammad, the legislation came for this human being not for a specific individual. And since the intention by the individual is a specific person in respect of his being a particular Khalid or Muhammad, Islam made performing the legislated responsibilities requested from the individual in his individualised capacity and intended by it is the treatment of the problems of the individual as an individual, and commanded the restriction with all that Islam came with. The rules, even if legislated for human beings, yet the one requested to undertake its responsibilities is the specific individual as any Khalid or Muhammad. However this is not in his individual capacity specific to him wherein none other can associate with him such as his length, his love of young herbs, his abstention from meat, but rather as an individual in the capacity of his being a human being upon whom applies the innate attributes of the human wherein appears the vital energy which manifest in the actions of this individual in his capacity as a human being. Islam came with rules to organise the relationships between individuals in their public and private lives i.e. it came with rules to organise their relationships between people just as it came with rules legislated to organise relationships between people and the State, and between the State and other states or to organise the community in respect of it being a community. All of these are rules imposed upon a specific individual, Muhammad or Khalid or Hassan but in respect of his being a human being.
从对伊斯兰教法规则的整体考察中,我们发现:伊斯兰在立法时,既保护个人在其特定人格中的利益,也保护社会的利益。社会作为由个体组成的共同体,其本质是一个整体,而非个体之间的关系总和。当伊斯兰为社会立法、规范其中的各种关系时,它保护的是个人的利益;当它为个人立法、规范他与他人之间的关系时,它保护的是社会的利益。 据此,我们看到:当伊斯兰允许国家在明确说明岁入不足时,有权从穆斯林的财富中征取,以处理公民事务,它同时限定国家不得超出安拉(SWT)所规定于社会的范围,例如为圣战筹款或救济饥民。它还规定,这种征取只能取自富人的盈余,即超出其基本生活所需(食物、衣着和住所)的部分,以及按照其所处社会的定义被视为必需的那部分,即依照社会公认的需要,如婚姻之需,以及其所赖以维持的生计所需,如仆役之类。在这一保全社会的立法之中,也包含着对个人利益的保护。 你还会发现,当伊斯兰允许个人建造房屋或种植园圃时,它同时要求他为公众留出通道,并禁止他以任何侵占公共道路权利的方式建造、种植或耕作。当伊斯兰允许个人在伊斯兰领土之外以贸易方式售卖其所拥有之物时,它禁止他出售武器以及一切足以增强敌人对抗穆斯林力量的物品。这一针对个人的立法,保护了社会的利益。
From following the Shari’ah rules in their generality, we find that when Islam legislated rules it protected the interests of the individual in his specific personality and the interests of the community in which he lives in its capacity as a community composed of individuals in its essence as a community not in the relation to relationships between individuals. When it legislates for the community with the relationships within it, it protects the individual’s interests, and when it legislates for the individual in the relationships between him and other(s) it protects the interests of the community. Accordingly we find that when it allowed the State the right to take from the Muslims’ wealth to administer the affairs of the citizens where it explicitly stated revenues are not sufficient, it restricted the State not to take more than what Allah (swt) obliged upon the community like taking money for jihad or feeding the hungry. And it restricted it not to take this except from the excess money of the wealthy i.e. what exceeds their basic needs which are food, clothing and shelter, and their basic needs which are considered necessities according to the definition of their society i.e. according to the well-known from their needs like marriage and what they are depend upon to satisfy like their remote needs, servants and similar to this. Within this legislation to preserve the society is the protection for the individual’s interests. You will also find that when the Shar’a allows the individual to build a house or plant a garden that it imposes upon him a path for the people and prevents him from building, planting or cultivating in any way that encroaches upon the right of the path of public property. And when it allows the individual to sell what he owns outside the homelands of Islam in trade, it prevented him from selling weapons and all that strengthens the enemy against Muslims. This legislation for the individual protects the community’s interests.
因此,用以调整个人之间关系的立法,除了是针对个人关系的立法之外,也不能与其作为针对人类的立法、针对共同体的立法或针对社会的立法相分离,即针对该共同体内个人之间持续存在的关系的立法。因此,伊斯兰教法中与个人关系相关的规则范式(namadhij),即便是处理个人关系并且适用于直接实施这些关系的特定个人,也是适用于全人类的普遍规则。例如,贸易是用以组织在伊斯兰国旗帜下执行伊斯兰律例的个人之间关系的教法规则。他们是直接执行这些规则的人;然而,这些规则适用于人类的所有个体。当穆罕默德和哈立德直接从事贸易时,二人都被要求执行贸易规则,因为他们正在从事贸易;而哈桑和萨利赫并未被要求这样做,因为他们并未从事贸易。贸易规则是立法要求由个人来执行的,但执行者是作为生活在共同体中的人类个体,当问题出现并且他们直接从事该行为时,他们便去执行。由于穆斯林个人需为其个人行为承担伊斯兰律例的义务,因此他有个人责任去了解他打算亲自从事的每一件事务中的沙里亚规定。所以,提供一套关于他们之间关系规则的范式(namadhij)是有益的,以便穆斯林知晓这些规则,并回到伊斯兰教法典籍中去查找他们所需要的内容。
Accordingly the legislation which organises relationships between individuals on top of its being legislation for individual relationships cannot be separated from its being legislation for a human being or its being legislation for the community or its being legislation for the society i.e. for the standing relationships between the individuals of this community. Hence the model (namadhij) for the Shari’ah rules related to the relationships of individuals are Shari’ah rules general for all humanity even if they treat the relationships of individuals and are applied upon specific individuals who directly perform them. For example, trade is Shari’ah rules for organising the relationships between individuals who implement the Islamic rules under the banner of the Islamic State. They are the ones who directly perform these rules; however they apply to all individuals of humanity. When Muhammad and Khalid directly undertake trade, both are addressed to execute the rules of trade as they are engaged in trade, and Hassan and Salih are not requested by them as they are not engaged in trade. The rules of trade are legislated to be implemented by individuals but in their capacity of being human beings living in a community and they implement them when a problem arises and they directly perform it. Since the individual Muslim is obliged for the Islamic rules upon his individual actions, then it is an individual obligation upon him to know the Shar’a rules in each issue he intends to directly perform. So it is beneficial to offer a model (namadhij) of the rules related to the relationships between them so that Muslims know them and return to the books of Shari’ah to know what they need.