所有人在律法规定（ahkām）方面都负有法律责任（mukallaf）；因此有言：律法规定（hukm shar'i）是立法者针对仆人行为所发出的训令。在这一点上，穆斯林与卡菲尔（kāfir）并无区别；他们都是立法者的训令（khitāb）所针对的对象，并且就律法规定而言，他们都负有法律责任。对此的证据是关于这一问题的全部经文，它们都明确表明，伊斯兰教法面向所有人，无论其是穆斯林还是卡菲尔。安拉（SWT）说：

All the people are legally responsible [mukallaf] with respect to the legal rulings [ahkām]; thus it is said about the legal ruling [hukm shar’i] that it is the address of the legislator related to the actions of the servants. There is no distinction in this respect between the Muslim and the kāfir; all of them are addressed by the address [khitāb] of the legislator, and all of them are legally responsible in terms of the legal rule. The evidence for this is the totality of texts about this matter, all of which clearly indicate that the Islamic Shari’ah is addressed to all people, irrespective of their being Muslim or kāfir. Allah (swt) says

“说：‘人类啊！我确是真主派给你们所有人的使者。’”（《古兰经》7:158），并且真主的使者ﷺ说：“我被派遣给每一个红皮肤和黑皮肤的人。”（穆斯林圣训实录辑录），即派给所有的人。因此，这一称呼是普遍的，面向所有人，包括信士和不信者。

“Say: O mankind! Verily, I am the messenger of Allah to you all” (al-A’rāf: 158), and the Messenger of Allah (saw) said, “I was sent to every red and black”, narrated by Muslim, that is, to all people. Hence this address is general to all people, including the believer and the disbeliever.

不应当说，这一训谕是针对伊斯兰教中的信仰（Imān），而非针对教法的细则（aḥkām al-furūʿiyyah），理由是这训谕的内容是信仰，而不包括遵行教法细则。这种说法是不正确的，因为这一训谕是一般性的，既包括信仰，也包括其所带来的教法细则。若把训谕专门限定于信仰，就是在没有限定理由的情况下进行限定。此外，如果其意图是：所有人在伊斯兰教的信仰方面都是被训谕的对象，而只有穆斯林被训谕遵行教法规定，那么实际上就等于让一部分人只被训谕某些规定，而不被训谕其余的规定。如果允许某些人被训谕某些规定，而其他人被排除在这一训谕之外，那么沙里亚所带来的一切内容都将可以如此处理，也就是说，与信仰相关的伊斯兰根本内容也将可以如此处理。因为在教法规定中被允许的，在其他方面也会被允许，而这是不正确的，因为这一训谕是明确的。

It should not be said that the address is about Imān in Islam and not the legal rulings [ahkām al-furu’iyyah] on grounds that it is an address about the message which is Imān in it not acting by the legal rulings. This is incorrect because the message is general in that is includes both Imān as well as the legal rulings with which it came. To specify the address to Imān alone is to specify without a specifying cause. Further if the intent was that all the people are addressed with respect to Imān in Islam and only the Muslims are addressed with the legal rules this effectively means the addressing of some people with only some of the rulings and their not being addressed with the rest. If it were permitted that some people were addressed with some rulings such that others were excluded from this address, this would be permitted in everything the Shari’ah came with, that is, the like of it would be permitted in the foundations of Islam related to Imān, because what is permitted in the legal rulings is permitted in other than them, and this is incorrect because the address is clear,

此外,真主(SWT)已命令所有人履行宗教功修,因此不信道者同样在其内。祂(SWT)说:

Further, Allah (swt) has commanded all people with the ritual worships, thus the disbelievers are included. He (swt) says

“朝觐这座天房，是人类对安拉应尽的义务”（《阿黎·伊姆兰》：97）。这些经文明确表明，安拉使他们承担律法的责任，因为经文以律法规定向不信道者发出号召，所以他们在这些律法方面负有法律责任。如果他们不需要承担律法责任，安拉就不会以严厉的惩罚威胁他们因不履行这些律法而受罚，如祂的经文所说：

“And pilgrimage to the House is a duty that mankind owes to Allah” (āl-Imrān: 97). These verses are explicit that Allah has made them responsible for the legal rulings, because they address the disbelievers with the legal rulings, so they are legally responsible with respect to them. Had they not been responsible for the legal rulings Allah would not have threatened them a severe punishment for not performing them, such as in His saying,

就（神圣的）寻问而言，毫无疑问，不信道者也是教法条文的对象。至于他们实际履行这些教法条文，国家对他们施行这些教法条文并强迫他们履行，则另有细节。

With respect to the (divine) address then there is no doubt that the disbelievers are addressed with the legal rulings. As for their actual performance of these legal rulings, the application of these legal rulings upon them by the state, and its forcing them to perform them, there are further details.

至于他们自愿履行法律规定的行为，情况有两种。如果某项法律规定的履行以伊斯兰教为条件，例如礼拜、斋戒、朝觐、天课以及其他类似的宗教功修等，那么他们履行这些规定是不允许的，并且应当阻止他们履行，因为伊斯兰是这些法律规定的条件，因此在不信道的情况下它们是不被允许的。例如，不信道者在借贷等财务事务上的作证，以及不信道者担任穆斯林的统治者或法官。凡是法律文本以伊斯兰为履行条件而未允许不信道者履行的这类法律规定，以及与之相类的，都不允许不信道者履行。至于所有那些履行并不以伊斯兰为条件的法律规定，例如不信道者与穆斯林作战，以及在贸易、医疗等合同中的法律作证，只要他们选择履行，就是允许的。这是指他们出于自愿履行行为的情况。至于他们被国家权力强制履行的情况，同样分为两种。如果这些法律规定属于可以笼统地针对所有人、不以信仰为条件的类型，即履行并不以伊斯兰为条件，或者属于对不信道者默许其不履行的类型，那么在这两种情况下都不强迫他们履行。因此，哈里发不会因不信道者不皈依伊斯兰而惩罚他们——阿拉伯的多神教徒除外，他们不属于有经人。这是根据真主（SWT）的启示：

As for their acting on the legal rulings by themselves without being forced, there are two scenarios. If Islam is a condition, by a legal text, in the performance of the legal rulings in question, like the prayer, fasting, Hajj, Zakāt, other ritual worships and the like, then it is not permissible for them to perform them, and they are to be prevented from performing them, because Islam is a condition for these legal rulings, and thus they are not permissible with kufr. Examples of this include the testimony of the disbeliever on financial matters like the loan, and the disbelievers’ being a ruler or judge over Muslims. None of these, and the like of them of the legal rulings which a legal text has not permitted for the kāfir by making Islam a condition for their performance, are allowed to be performed by the disbelievers. As for all those legal rulings in which Islam is not a condition of performance, like the disbelievers fighting with the Muslims and the legal testimony in contracts like trade and medicine, they are allowed to perform them if they choose to do so. This is with respect to their performing the actions of their own accord. As for their being forced by (the executive authority of) the state, then there are two scenarios. If the legal rulings are of the kind which can as a general address, unqualified by the condition of Imān, such that Islam is not a condition of performance or they are of those which the disbelievers were tacitly approved for not performing, then in these two cases they are not forced to perform them. Thus the Khalifah does not punish the disbelievers for their not adopting Islam - except if they are from the polytheists of Arabia other than the Ahl al-Kitāb – due to the His (swt) saying,

“你们要与他们作战，否则他们就会归顺……”（al-Fath: 16），这一经文专指阿拉伯多神教徒。同样，不得命令异教徒礼拜，也不得阻止他们进行自己的礼拜，因为使者ﷺ默许他们保持其崇拜方式，也默许了在也门、巴林和Najrān存在的教堂。他没有拆毁未皈依伊斯兰者的教堂。这表明他们应当被留在其信仰与崇拜之中。同样，圣战的裁决也不适用于他们，他们也不被强迫履行，因为圣战经文所要求的战斗，是与作为一个类别的异教徒作战，而一个异教徒与他自己作战是不可想象的。同样，他们也不得被强迫戒酒，也不因饮酒而受罚，因为也门的基督徒曾饮酒，而他们被允许继续饮酒；并且当圣门弟子征服各地时，他们也不阻止异教徒饮酒。同样适用于所有那些以伊斯兰为其有效性条件的法律裁决，或使者ﷺ批准异教徒继续实行的裁决，或圣门弟子同意让异教徒自行履行的裁决。在所有这些情况下，异教徒不得被强迫履行，哈里发也不将这些规定适用于他们。然而，那些不属于此类的法律裁决，即伊斯兰并非其有效性的条件，并且没有任何法律文本表明它们不适用于异教徒，那么他们就被要求履行。这些规定应适用于他们，他们应被强迫履行，并因不履行而受罚。这是因为，原则上异教徒同样是法律的训令对象；在没有文本规定某一裁决须以信仰为条件或允许他们不履行的情况下，原本的一般性训令保持其普遍性，因此也包括他们。 因此，不信道者须遵守所有的法律裁决，唯有经据另作例外规定的情况除外。其依据是使者(ﷺ)对他们执行这些法律裁决。据确认，使者(ﷺ)在交易事务（muamalāt）中依伊斯兰法律裁决对待他们，并因罪行惩处他们（依照此类罪行的伊斯兰裁决）。 据阿奈斯传述：一名犹太人用两块石头击碎了一名女奴的头部，于是有人问她："是这个人对你做的吗？还是某某人？"直到提到那名犹太人，她点头示意。那犹太人被带来后承认了其行为。先知(ﷺ)下令对他施以惩罚，于是他的头被石头砸碎。此段由布哈里传述。 据阿布·萨拉麦·伊本·阿卜杜·拉哈曼和苏莱曼·伊本·雅萨尔传述，他们转述自一些安萨尔人：先知(ﷺ)对犹太人说，从你们中选出五十人起誓。他们拒绝了，于是他(ﷺ)对安萨尔人说："你们去做能使你们有权获得你们所主张之物的事。"他们说："使者啊，我们怎能就未曾亲眼目睹之事起誓呢？"于是使者(ﷺ)因为遇害者是在犹太人中被发现的，便由犹太人承担血金。此段由阿布·达五德传述。 据扎比尔·伊本·阿卜杜拉传述，他说："先知(ﷺ)用石头处死了一名来自阿斯拉姆部落的男子，以及一名犹太男子和他的妻子。"此段由穆斯林传述。 这些圣训表明，使者（愿主福安之）曾像惩罚穆斯林那样惩罚异教徒（kuffar），这说明他们也必须履行教法规定，教法规定对他们的实施与对穆斯林的实施相同，他们在买卖、刑罚及其他教法规定方面与穆斯林受同样的约束。除非启示本身在执行层面有所例外，否则任何事项都不能排除在此之外，而且这种例外只涉及执行，并不涉及教法的责成。这些例外包括：伊斯兰是某些规定有效的前提条件的情形，以及经文明确规定不得强迫他们履行某些事项的情形。

“You fight them or they shall submit…” (al-Fath: 16), which is specific to the Arab polytheists alone. Similarly the disbelievers are not to be ordered to pray or be prevented from their own prayer, due to the tacit approval of the Messenger (saw) for them to remain on their worship, and for their churches which existed in Yemen, Bahrain and Najrān. He did not demolish the churches of those who did not become Muslim. This shows that they are to be left upon their belief and worship. Likewise the ruling of Jihad is not applied on them nor are they forced to perform it, because the sought fighting in the ayāt of Jihad is fighting the kuffār as a genus, and it is not conceivable that a kāfir fights himself. Equally they are not to be forced to abstain from alcohol, nor punished for its consumption, because there were Christians in Yemen who used to drink alcohol and were left to drink it, and because when the Sahābah opened lands they would not prevent the kuffār from drinking alcohol. Likewise are all the legal rulings in which Islam is a condition for their validity, or for which the Messenger (saw) approved the kuffār to continue them, or the Sahabah consented on leaving the kuffār to perform them. In all these cases, the disbelievers are not to be forced to perform them, nor are these rules applied on them by the Khalifah. However those legal rulings which are not as such, that is, Islam is not a condition in their validity, and no legal text came to show that they are not to applied upon the kuffār, then they are asked to perform them. These rules are to be applied on them and they are to be forced to perform them, and punished for leaving them. This is because in origin the disbelievers are addressed by the legal address, and in the case of there being not text to condition a ruling by the requirement of Imān or to allow them nonperformance, then the original general address remain upon its generality, thus including them. Therefore the disbelievers are made to comply with all the legal rulings except only that which a legal evidence makes an exception to the general rule. The evidence for this is the Messenger’s implementation of these legal rulings upon the kuffār. It is affirmed that the Messenger (saw) dealt with them according to the Islamic legal rulings in the matters of transactions [muamalāt], and that he punished them for crimes (in line with the Islamic rulings for such crimes). From Anas, "that a Jew bruised the head of a slave girl between two stones, so she was asked ‘who did this to you, was it so-and-so or so-and-so?’ until the Jew was named and she nodded her head. The Jew was brought and he acknowledged his act. The Prophet (saw) commanded that he be punished, so his head was bruised with stones," narrated by al-Bukhāri. From Abu Salamah ibn Abd al-Rahmān and Sulaymān ibn Yasār, relating from some men of the Ansār, "that the Prophet (saw) said to the Jews, beginning with them, ‘Let fifty men of you swear an oath.’ They refused, so he said to the Ansār: ‘Do what makes you entitled to your claim’. They said: ‘Should we make an oath on a matter we have not witnessed O Messenger of Allah?’ So the Messenger of Allah (saw) made the blood money on the Jews because he (the victim) was found amongst them," narrated by Abu Dawūd. From Jabir ibn Abdullah that he said, "the Prophet (saw) stoned a man from (the tribe of) Aslam, as well as a Jewish man and his wife", narrated by Muslim. These ahādīth show that the Messenger (saw) used to punish the kuffar as he used to punish the Muslims, which indicates that they are to be forced to perform the legal rulings, and the legal rulings are to be implemented upon them as they are implemented upon the Muslims, and they are bound to them as the Muslims are bound in the legal rulings of transactions, punishments and other legal rulings; and nothing can be excluded from this except what the revelation has itself excepted in terms of implementation, not in terms of the legal address. These exceptions are those rules in which Islam is a condition for their validity, and what is textually established that they are not to be forced to perform them.

所有这些经文都是提醒（而非限定）。同样，先知（saw）的圣训："凡信仰真主和末日者，就让他说善言或保持沉默"，由布哈里、穆斯林等人传述。所有这些都是对信仰的提醒，而非法律责任的条件，就法律裁决而言亦是如此。因此，"信道的人们啊"这一称呼与之相连，并不是将其限定于穆斯林，而是对他们信仰的提醒。据此，法律责任的称呼仍然是普遍的，既包括不信道者，也包括穆斯林。因此，不信道者同样受到整个沙里亚的约束，包括根基（信条）和枝节（教法），哈里发被命令在他们身上执行所有法律裁决。被排除在执行之外（但不排除在称呼之外）的，是那些经《古兰经》或圣训明文确立其不适用于不信道者、或专属于穆斯林的法律裁决。其余所有法律裁决，都像在穆斯林身上执行一样，在不信道者身上执行。

All these verses are a reminder (and not a specification). Likewise is the hadīth of the Messenger (saw), "Whosoever believes in Allah and the Last, then let him speak good or keep silent", narrated by al-Bukhāri, Muslim and others. All of this is a reminder of the Imān, and not a condition for legal responsibility with respect to the legal rulings. Therefore, the conjunction of the address with ‘O you who believe’ does not specify it for the Muslims, but it is a reminder to them of their belief. Accordingly, the address of legal responsibility remains general, including both the disbelievers and the Muslims. Hence the kuffār are addressed with the entirety of the Shari'ah, foundations (creed) as well as branches (jurisprudence), and the Khalifah is commanded to implement all the legal rulings upon them. Excluded from the implementation, but not the address, are those legal rulings whose non implementation on the kuffār or whose specificity to the Muslims is established by a text of the Qur’an or Hadīth. All other legal rulings are implemented upon the kuffar as they are implemented on the Muslims.