因此,听到这一号召的人,有义务理解它并信仰它。而信仰它的人,有义务理解它并付诸实践,因为这是一条沙里亚的法令(Hukm Shar'i)。所以穆斯林的根本原则是:他自己应当从这一号召中理解真主的法令(Hukm)。由于立法者是直接向众人发出这一号召,并非只针对穆佳台希德(Mujtahiddin)或乌莱玛('Ulama),而是针对所有负有法律责任的人(mukallifin),因此,负有法律责任的人(mukallafin)就有义务理解这一号召,直到能够付诸实践,因为不理解就不可能依照号召行事。于是,推导真主的法令(istinbat)成为所有负有法律责任的人(mukallifin)的天命(fard),也就是说,Ijtihād对所有负有法律责任的人(mukallifin)而言都是天命。由此,根本原则是:负有法律责任的人(mukallaf)应当亲自从立法者的号召中采纳真主的法令(Hukm),因为他正是这段言辞所针对的对象,而这段言辞就是真主的法令。
So for the one who has heard the address he becomes obliged to understand it and believe in it. And the one who believed in it, he is obliged to understand it and act upon it, because it is a Hukm Shar’i (Sharī’ah rule). So the basis for a Muslim is that he himself should understand the rule (Hukm) of Allah from his address. Since, the address has been aimed directly at the people by the Legislator and not aimed only at the Mujtahiddin or the ‘Ulama but to all the legally responsible (mukallifin). Thus it became an obligation on the legally responsible (mukallafin) to understand this address until they are able to practise it since it is impossible to act according to the address without comprehending it. Thus, the deduction (istinbat) of Allah’s hukm became fard on all the legally responsible (mukallifin) i.e, Ijtihād became fard on all the legally responsible (mukallifin). Consequently, the basis (asl) is that the legally responsible (mukallaf) person adopts the Hukm of Allah himself from the address of the Legislator because it is he who has been addressed by this speech, which is the hukm of Allah .
然而,负有法律责任者(mukallafin)的现实情况是:他们在理解、领悟和学习能力上存在差异,在知识与无知方面也各不相同。因此,从证据中推导出全部沙里亚规则,在现实中是不可能让所有人都做到的,也就是说,并非所有负有法律责任者都能成为穆贾台希德(mujtahiddin)。由于目的在于理解经文的训令并依此行事,所以伊智提哈德(Ijtihād)对所有负有法律责任者而言是法定的个人义务(fard)。但由于他们在理解、领悟和学习上存在差异,不可能每个人都为自己理解经文的训令,因此伊智提哈德的义务便成为足额义务(‘ala al-Kifaya)。若有人承担了此事,其余人便免除罪责。因此,对于穆斯林中负有法律责任者而言,他们之中必须有穆贾台希德来推导沙里亚的裁定,这便成为了一项义务。
However, the reality of the legally responsible (mukallafin) is that there is a disparity in their understanding and comprehension and in their (aptitude to) learn. They also differ in terms of knowledge and ignorance. Therefore, it is realistically impossible for all of them to deduce all the Sharī’ah rules from the evidences i.e, it is impossible for all the legally responsible (mukallafin) to be mujtahiddin. Since the objective is to understand the address and act upon this understanding, therefore, Ijtihād is fard on all the legally responsible (mukallifin). But it is impossible for all the legally responsible (mukallafin) to understand the address for themselves due to the disparity in their understanding and comprehension and the disparity in learning therefore the obligation of Ijtihād becomes one of sufficiency (‘ala al-Kifaya). If some undertake it the rest are absolved of the sin. Therefore, it became obligatory on the legally responsible Muslims that there should be Mujtahiddin amongst them who will derive the Sharī’ah rulings.
因此,mukallafin(负有宗教责任者)的实际情况以及Hukm Shar'i(伊斯兰律例)的实际情况,意味着穆斯林中存在两类人:mujtahiddin(穆占塔希德,即独立立法推理的学者)和muqallidin(穆格利德,即遵从者)。这是因为,亲自直接从证据中推导出hukm的人是mujtahid;而向mujtahid询问hukm Shar'i的人是muqallid,无论提问者的目的是为了学习并据此行动、为了学习并教导他人,还是仅仅为了学习。当一个人向并非mujtahid、但知晓hukm Shar'i并能够告知他人的人询问时,他便被视为muqallid,无论被询问者是学者还是普通人。因此,即便他不认识推导出该hukm的人,他们在这一hukm上都是他人的追随者(muqallid),因为负有宗教责任的人(mukallaf)需要接受hukm Shar'i,而不是追随某个特定的人。成为muqallid意味着他通过某人接受了一项他自己未曾推导的hukm Shari',这并不意味着他追随了某个特定的人,因为所涉及的对象是hukm Shari',而不是人。mujtahid与muqallid的区别在于:mujtahid亲自从Sharī'ah证据中推导出Hukm Shari',而muqallid则是接受由他人推导出的hukm Shari'的人,无论他是否认识推导者,只要他相信这是一条Sharī'ah规定即可。采纳任何普通人、学者、思想家或哲学家的意见进行的taqlīd(盲从)是不合法的,这些都不属于合法的taqlīd。
Therefore, the reality of the legally responsible (mukallafin) and that of the Hukm Shar’i means that there would be two catagories amongst the Muslims, the mujtahiddin and muqallidin. This is because the one who adopts the hukm himself directly from the evidence is a mujtahid, and the one who questions the mujtahid about a hukm Shar’i is a muqallid irrespective of whether the questioner asked in order ; to learn and act upon it, to learn and teach it to others or to learn it only. The muqallid is considered a muqallid when he asks someone who is not a mujtahid but knows the hukm Shar’i and is able to tell others, whether the one who was asked was a learned person or a layman. Thus, they are all followers (muqallid) of others in this hukm even if he did not know the one who deduced it, because the legally responsible (mukallaf) is required to adopt the hukm Shar’i and not follow any particular person. Being a muqallid means that he has adopted a hukm Shari’, via a person, which he has not deduced himself and it does not mean he followed a particular person because the subject matter is the hukm Shari’ and not the person. The difference between the muqallid and the mujtahid is that the mujtahid deduces the Hukm Shari’ from the Sharī’ah evidence himself and the muqallid is the one who adopts the hukm Shari’ which has been deduced by someone other than him whether he knew the one who derived it or not, as long as he trusts that this is a Sharī’ah rule. It is not lawful Taqlīd to adopt the opinion of any ordinary person or that of a scholar, thinker or philosopher, Non of this is legitimate Taqlīd.
相反,这等同于采纳了伊斯兰教以外的东西,而这是伊斯兰教法所禁止的。穆斯林不得这样做,因为安拉命令我们遵从穆罕默德ﷺ,而不是遵从其他任何人,无论他是谁。安拉说:
Rather it is tantamount to adopting something which is other than Islam and it has been prohibited by the Sharī’ah. It is not allowed for the Muslim to do that since Allah has ordered us to adopt from the Messenger Muhammad and not from anybody else whoever he may be. He said: