6. 学习伊斯兰教法规则
6. Learning The Sharī’ah Rule
"مستفتي"(寻求教法裁决者)不是"مقلد"(效仿者),因为效仿者是接受某条沙里亚教法规定并依此行事的人。至于"مستفتي"(寻求教法裁决者),他是从知晓该教法规定的人那里学习沙里亚教法规定的人,无论那人是否为"مجتهد"(穆扎欣,即独立立法的学者),也无论"مستفتي"学习该规定是为了实践,还是仅仅为了求知。"مستفتي"是指任何寻求了解安拉(SWT)关于某一问题的律例的人。因此,凡是在某一规定上不是"مجتهد"的人,在该规定上就是"مستفتي"。所以,在任何问题上都不是"مجتهد"的人,在所有问题上都是"مستفتي"。在某些问题上是"مجتهد"的人,在他未曾进行"اجتهاد"(伊智提哈德,即独立推理)的问题上则是"مستفتي"。至于向"مستفتي"解释安拉(SWT)律例的人,他就是"مفتي"(教法answer者,即教法宣谕者)。阿拉伯语中有这样的说法:
The one who seeks a legal verdict (mustafti) is not a muqallid, because the muqallid is one who adopts the Sharī’ah rule and acts upon it. As for the mustafti (one who seeks a legal verdict), he is the one who learns the hukm Shar’i from a person who knows this hukm, whether that person is a mujtahid or not, and whether the mustafti learned it in order to practise it or just for the sake of knowledge. The mustafti is anyone who seeks to know the rule of Allah pertaining to an issue. So anyone who is not a mujtahid with regard to a hukm is a seeker of a legal verdict in regard to that hukm. Thus the one who is not a mujtahid in any issue he is a mustafti (seeker of a legal verdict) in all issues. Whoever is a mujtahid in certain issues he is a mustafti in the issues he has not exercised Ijtihād in. As for the one who explains the rule of Allah to a mustafti (seeker of a legal verdict) he is a mufti. It is said in the Arabic language:
他就某一问题作出法律裁定:他阐明了其律例。
He gave a legal verdict pertaining to an issue: he explained its rule.’
而他就某一问题向一位乌拉玛求教,意思是他请求其就此问题给出教法裁决。圣门弟子与再传弟子的教法裁决,即是他们向民众阐明的律例。既然认识安拉的律例是法定义务(fard),那么就必定有人——无论是穆贾塔希德还是非穆贾塔希德——能够向他人传授沙里亚律例,无论他们是否附带证据地传授。由于并未规定传授律例者必须是穆贾塔希德,正如也未规定教导他人的穆斯林必须阐明证据一样,那么对于已经熟知某一律例的人,允许他向他人传授该律例。此外,由于并未规定为民众解答沙里亚律例或亲自教授者必须是穆贾塔希德,反而允许一位了解某位穆贾塔希德所得律例的非穆贾塔希德,运用该律例给出教法裁决,因为他就是该律例的传递者,即便他并未对此作出声明。在此行为上,乌拉玛与其他人并无区别,正如在传述圣训方面一样。正如并未规定圣训的传述者必须是乌拉玛,同样也未规定传达沙里亚律例给他人者必须是乌拉玛。因此,依据更优先的道理(min bab al-awla),更不应规定他必须是穆贾塔希德。尽管规定他应当清楚、准确地了解所传达的律例,因为若他不精确、无法恰当地传达,便无法将其传给他人。同样,对于向民众传授沙里亚律例或给出教法裁决者,也不要求他去讲解证据或将证据传达给民众,相反,允许他只限于传达沙里亚律例,而不引述证据。 可以,他被允许给出符合伊斯兰教法(hukm Shar'i)的教法裁决(fatwa),并将其教授给人们,而无需向他们阐明其证据。然而,他有义务告诉他们:他所传达的是一项教法裁决,或是某位其他人的推论(istinbat),即某位特定的穆智塔希德(mujtahid)的推论。然而,如果他转述某种观点,并对他们说:
And he sought a legal opinion from an ‘alim regarding an issue means he requested him to give a legal opinion about it. The legal opinions of the Sahabah and the Tabi’een are the rules they clarified to the people. And since having knowledge of Allah’s rule is a fard, there must be people, whether mujtahids or not who can teach the Sharī’ah rules to others, irrespective of whether they teach the people the rules with or without the evidences. Since it is not stipulated that the one who teaches the rules should be a mujtahid, just as it is not stipulated for the Muslim who teaches others to clarify the evidences, it is allowed for someone who knows a hukm to teach it to others when he becomes conversant about that hukm. Furthermore, because it is not stipulated for the one who gives legal opinions to people regarding the Sharī’ah rules or teaches them himself to be a mujtahid, on the contrary it is permitted for a non-mujtahid, who is acquainted with the Sharī’ah rule of a mujtahid to deliver a legal opinion using that hukm because he is a carrier of the hukm even if he does not declare about this. In performing this action there is no difference between an ‘alim and others, such as in the reporting of ahadīth. Just as it is not stipulated that the transmitter of a hadīth be an ‘alim it is not stipulated either for the one who conveys a hukm Shar’i to others to be an ‘alim. So it is by greater reason (min bab al-awla) that there should be no stipulation for him to be a mujtahid. Even though it is stipulated that he should know the hukm that he conveys in a clear and accurate manner since he cannot convey it to others if he is not precise and unable to convey it properly. Likewise, it is not stipulated for the person who teaches people the hukm Shar’i or gives them legal opinions to teach them the evidence or convey it to them, Rather it is allowed for him to limit himself just to conveying the hukm Shar’i without quoting the evidence. i.e, it is permitted for him to give fatwa with the hukm Shar’i and teach it to people without clarifying them the evidence. However, he is required to explain to them that what he transmits to them is a hukm Shar’i or the inference (istinbat) of someone else i.e, of a certain mujtahid. However if he conveys an opinion and he says to them:
“哦,信道的人们啊!如果一个法锡格(悖逆者)带来消息给你们,你们就要查证。” [TMQ Hujuraat: 6]
“O you who believe! If a fasiq (rebellious person) comes to you with a news, verify it” [TMQ Hujuraat: 6]
"fasiq"(罪人/悖逆者)与"naba"(消息)以不定式(动名词形式)出现,表明当任何一个fasiq(悖逆者)带来任何消息时,人们应当避免采信他所说的内容,并应设法核实此事、探明真相,而不应只是简单地接受他所说的。这段经文的反面含义(mafhum al-mukhalafa)是:一个正直公正('adl)之人的陈述是可以采纳的,无论是用于给出教法裁决,还是用于获取知识。
The use of the word ‘fasiq’ (transgressor) and ‘naba’ (news) in their indefinite (verbal noun) forms indicate that when any fasiq (transgressor) comes with any news, the people should desist from adopting what he says and seek to verify the matter and discover the true reality and not simply accept what he says. The opposite meaning (mafhum al-mukhalafa) of this verse is that the statement of the upright and just (‘adl) person is taken whether for the purpose of giving legal opinions or acquiring knowledge.