43. 伊斯兰法的证据(Al Adilla-tul- Shariyah)
43. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
语言学上,"دليل"(daleel,达利勒)一词的含义是指示物(指示者),该词可用于具有指示和引导作用的事物;法学家所下的定义中所称的"达利勒"即是此意,他们将其定义为:对其进行正确考察,即可得出一个所求的可告知之事(matloub khabari)。至于原理学(usool)中的达利勒,他们将其定义为:能够导向对所求之可告知之事的认识的东西,换言之,它是被用作证据的东西,用以证明所寻求的是一项沙里亚的裁决。
The linguistic meaning of the (word) daleel is the indicator (daleel), and the word daleel can be used for what has indication and guidance, and this is what is named daleel in the definition set by the jurisprudents, as they defined it by: which the correct scrutinize in it leads to an announced request (matloub khabari). As for the daleel of the usoul (principals); they defined it by: what leads to the knowledge about the announced request, in another word it is that which is taken as evidence, (to prove) that what is searched for is a shari'ahi verdict.
每一条沙里亚证据都明确或不明确地指示教法裁决。若证据的指示是明确的,且其来源(传述)也是确定的,如《古兰经》和穆塔瓦提尔圣训,其指示同样明确,则对其采用不存在争议;若其指示裁决并不明确,但其来源(传述)是确定的,如《古兰经》和穆塔瓦提尔圣训,它依然被采用。若其来源是不确定的,如阿哈德(单传)圣训,则必须进行核实,即在决定接受之前确认圣训的真实性,不可不加限制地接受。若圣训是可靠的(沙希德),则必须接受,即使其指示不明确,因为具有可靠出处的单传消息(海伯尔)被视为证据,即使其出处不确定。所谓核实,就是要了解其真实性,并确信它确实出自先知ﷺ。 沙里亚证据分为两类:一类与经文的措辞相关,以及经文字面意义(曼图格)和其含义(曼胡姆)所指示的内容;第二类与经文的理性含义(马古尔)相关,即与沙里亚的法理依据(伊拉)相关。第一类证据包括:真主的经典、逊奈和圣门弟子的公议(伊吉玛尔)。第二类是(盖亚斯)学者的推理类比,它需要沙里亚经文中所显示的法理依据。
Every shari'ahi daleel indicates the verdict decisively or indecisively. If the daleel indicates decisively, for it is decisively transmitted like the Qur’an and the motawaatir hadeeth, and its indication is also decisive; there is no dispute over its consideration, and if it indicates the verdict indecisively, but its origin (transmission) is decisive like the Qur’an and the motawaatir hadeeth; it is also considered. If its origin is indecisive like the ahaad (individually narrated) hadeeth, then it is a must to verify it, i.e. making sure of the authenticity of the hadeeth before deciding to accept it, and it is not right to accept it unrestrictedly. If the hadeeth is veritable (sahih); it must be accepted even if it is indecisive, because the individually narrated (khabar) that has an authentic issuance is considered as an evidence, even if its issuance is indecisive, and the verification is to know the authenticity and to be tranquilled that it is issued by the prophet (SAW). The shari'ahi evidences are of two types: one of them is related to the expressions (words) of the text and what is denoted by their literal meaning (mantouq) and their connotation (mafhoum). The second type is related to the reasoned meaning (ma’qoul) of the text, i.e. related to the shari'ahi illah (reason of the legislation). As for the first type of the evidences: that is the book (of Allah Ta’ala), the Sunnah and the Ijmaa’ of the Sahaabah (consensus of the Sahaabah). The second type is the (Qyas) scholarly measuring (analogy), which needs the shari'ahi illah that is showed in the shar,i text.
根据沙里亚的证据,只有当其来源于使者(愿主赐其平安)——无论是通过经文本身,还是通过经文所指示的内容(即与经文相关者)——才被视为沙里亚的依据;否则,不被视为沙里亚的依据。至于经文本身,它无疑是依据,无论是诵读的经文,即作为文字与含义一同降示的,那便是《古兰经》;还是未被诵读的,即仅以含义降示、并由使者(愿主赐其平安)以其言语、行为和认可加以表达的,那便是圣训(逊南)。至于经文所指示的内容,若其指示与经文本身相关(而非与伊智提哈德相关),则被视为依据,这便是圣门弟子的公议(伊制玛尔)和类比(盖亚斯)。 至于圣门弟子的公议,它被视为沙里亚的依据,因为它揭示了经文(即圣训)中存在某种依据,而它的揭示使得其依据与经文本身相关联。同时,来自使者(愿主赐其平安)的经文也指明了对他们公议的认可为依据。这是因为《古兰经》和圣训中明确赞扬了圣门弟子,并提倡效仿他们;又因为他们亲眼见到使者(愿主赐其平安)的言语、行为和默许的情形。因此,他们对某一事项的一致意见,表明他们曾见到某种依据,而该依据已为他们所熟知,于是他们在沙里亚裁决上达成了公议,尽管并未转述该依据本身。基于此,圣门弟子的公议被视为沙里亚的证据,是可以据以立论的凭证,就沙里亚经文对它的指示而言,它揭示了存在某种依据,因此公议的依据与经文本身相关联。 至于类比,其依据与经文本身相关联,因为经文要么包含“伊叻”(立法的理由),要么不包含伊叻。 如果文本中包含"illah"(效因),那么该效因无论在何处存在都被视为证据,类比(Qyas)即基于它而进行,这就是沙里尔(shari'ah)的类比。如果文本中不包含效因,则不存在类比。另外,来自使者(ﷺ)的经文表明了将类比视为沙里尔证据的看法;使者(ﷺ)曾引导人们使用类比,并认可了它。因此,类比被视为沙里尔的证据和可据以作出裁决的依据,其依据是文本中所包含的沙里尔效因。所以,关于类比的证据与文本本身相关,因为沙里尔文本表明了它。
The evidence is not considered to be shari'ahi unless it came from The Messenger (SAW) either through the text or what the text denotes, which is related to the text, otherwise it is not considered to be shari'ahi daleel. As for the text, it is certainly a daleel, whether it is recited which was revealed as text and meaning, and that is the Qur’an, or not recited, which was revealed as meaning, and The Messenger (SAW) expressed it by His words, action and approval, and that is the Sunnah. As for what the text denoted, that is considered to be a daleel if its denotation is related to the text itself (not to the ijtihaad), and that is the Ijmaa’ of the Sahaabah, and the Qyas. As for the Ijmaa’ of the Sahaabah, it is considered to be shari'ahi daleel because it discloses that there is a daleel of the text (the Sunnah), and its disclosure makes the evidence for it related to the text itself, and also the texts which came from The Messenger (SAW) denoted the consideration of their Ijmaa’ as a daleel. That is because there came in the Qur’an and in the Hadeeth what explicitly praised the Sahaabah and considered imitating them, and because they saw the Messenger (SAW) in the state of His speech, deed and silence (approval). So their consensus on a matter denotes that they had seen a daleel (for that matter), and it became famous to them, so they had an Ijmaa’ on the shari'ahi verdict without narrating the daleel of it. Upon that the Ijmaa’ of the Sahaabah Is considered to be shari'ahi evidence and a proof which can be based on, with regard to the denotation of the shari'ahi text on it, and with regard to that, it discloses that there is an evidence, so the evidence for the Ijmaa’ is related to the text itself. As for the Qyas; its evidence is related to the text itself, because the texts are either containing ilal (reasons of the legislation) or not containing ilal. If the text contains illah, then the illah is considered to be a proof where ever it exists, and the Qyas will be based on it, and this is the shari'ahi Qyas. If the text does not contain illah, then there is no Qyas (analogy). Also the texts which came from the Messenger (SAW) denoted the consideration of the Qyas as shari'ahi evidence; the Messenger (SAW) had guided to the Qyas and approved it. Accordingly the Qyas is considered to be a shari'ahi daleel and a proof on which verdicts can be based, with regard to the shari'ahi illah contained in the text. So the evidence on the Qyas is related to the text itself, because the shari'ahi text denoted it.