1 伊斯兰教的裁决
1 Ruling in Islam
"统治"(al-hukm)、"王权"(al-mulk)和"权威"(al-sultan)含义相同,指的是执行律法的权力,或指伊斯兰教法规定穆斯林有义务建立的领导职务(al-imarah)。领导职务的任务是制止不公,平息可能出现的纠纷。换言之,统治即监护,正如真主(SWT)所启示的那样。真主(SWT)说:
Ruling (al-hukm), reign (al-mulk) and authority (al-sultan) have the same meaning which is the authority that executes the rules, or it is the task of the leadership (al-imarah) which the Shar’a has made an obligation on Muslims to establish. The task of al-imarah is to avert injustice and to settle disputes that may arise. In other words the ruling means the guardianship, as revealed by Allah (swt). He (swt) says:
“你们当服从真主,服从使者,以及你们中的掌权者。”{《古兰经》4:59}真主(SWT)又说:
“Obey Allah and obey the Messenger and those of you in authority.” [TMQ An- Nisa: 59] And He (swt) also says:
“如果他们把这件事交给使者和他们中间有权威的人,”[《古兰经·妇女章》:83] 因此,统治就是积极地料理民众的事务。
“If they had only referred it to the Messenger and those among them with authority.” [TMQ An-Nisa’: 83] Therefore to rule is to actively look after the people’s affairs.
由于伊斯兰是一种涵盖国家、社会和生活整体的意识形态,治理便成为其中的一部分,穆斯林被命令通过建立国家来实施这一治理,即依照伊斯兰律法进行统治。《古兰经》中降示了大量经文,确证了依照安拉(SWT)所降示之法进行统治的义务。安拉(SWT)说:
Since Islam is an ideology that covers the state, society and life as a whole, the ruling becomes part of it, and the Muslims are commanded to implement this ruling by establishing the state i.e. to govern by the Islamic laws. A host of verses have been revealed in the Qur’an confirming the obligation of ruling by what Allah (swt) has revealed. Allah (swt) says:
{所以你要依照安拉所降示的,在他们之间作出裁决,不要顺从他们的私欲,背离已临到你的真理。} [TMQ Al-Ma’idah: 48]
“So judge between them by that which Allah has revealed and follow not their desires away from the truth that has come to you.” [TMQ Al-Ma’idah: 48]
他(SWT)还说:
He (swt) also says:
“你要根据真主所降示的(经典)在他们之间作出判决,不要顺从他们的私欲,你应当提防他们,恐怕他们诱惑你偏离真主降给你的某些启示。” [TMQ Al-Ma’idah: 49]
“Judge between them by that which Allah has revealed and follow not their desires and beware of them lest they seduce you from some part of that which Allah has revealed to you.” [TMQ Al-Ma’idah: 49]
真主(SWT)说:
Allah (swt) says:
“凡不依真主所降示的(律法)判决的人,他们就是不信道的人。” [TMQ Al-Ma’idah: 44]
“Whosoever does not judge by that which Allah has revealed, such are disbelievers.” [TMQ Al-Ma’idah: 44]
“凡不依真主所降示的(律例)判决的人,他们就是不义者。” [TMQ Al-Ma’idah: 45]
“Whosoever does not judge by that which Allah has revealed, such are oppressors.” [TMQ Al-Ma’idah: 45]
“凡不按照真主所降示的(律法)裁决的人,他们便是不义者。” [TMQ Al-Ma’idah: 47]
“Whosoever does not judge by that which Allah has revealed, such are transgressors.” [TMQ Al-Ma’idah: 47]
他(SWT)还说:
He (swt) also says:
“但是不然,凭你的主起誓,他们在彼此的争执中,若不让你来裁决,并且在内心对你的裁决不生抵触,而是完全顺服地接受,他们就不能算真正信道。” [TMQ 4:65]
“But no, by your Lord, they can have no (real) faith until they make you judge in all disputes between them and find in their souls no resistance against your decisions, but accept them with the fullest submission.” [TMQ 4:65]
他(SWT)还说:
He (swt) also says:
“你们当服从真主,服从使者,也服从你们中掌权的人。” [TMQ An- Nisa: 59]
“Obey Allah and obey the Messenger and those of you in authority.” [TMQ An- Nisa: 59]
他(SWT)还说:
He (swt) also says:
“你们若在人们之间判决,就应当公平判决。” [TMQ An-Nisa: 58]
“And if you judge between people, judge with justice.” [TMQ An-Nisa: 58]
除了许多其他涉及统治、权威与权力的经文之外,还有另外一些经文阐明了统治的各个领域的细节:有关军事立法的,有关政治立法的,有关刑事立法的,有关社会立法的,以及有关交易立法的,还有其他方面的。真主(SWT)说:
This is in addition to many other verses dealing with ruling as an authority and power. Other verses have also been revealed providing details with respect to the different areas of ruling; some regarding military legislation, political legislation, criminal legislation, social legislation and the legislation of transactions as well as others. Allah (swt) says:
“你们要与近你们的不信道者作战,让他们在你们身上感受到严厉。” [TMQ At-Tauba: 123]
“Fight those of the disbelievers who are near you and let them find harshness in you.” [TMQ At-Tauba: 123]
他(SWT)还说:
He (swt) also says:
“如果你们在战争中遇到他们,就要以严厉的方式对待他们,使他们背后的人感到恐惧,好让他们引以为戒。如果你担心某一群体会背信弃义,就把(他们的盟约)退还给他们,使双方处于平等的地位。” [TMQ Al-Anfal: 57- 58]
“If you come on them in the war, deal with them so as to strike fear in those who are behind them, that they may remember. If you fear treachery from any group throw back (their covenant) to them (so as to be) on equal terms.” [TMQ Al-Anfal: 57- 58]
他(SWT)还说:
He (swt) also says:
“如果他们倾向于和平,你也要倾向于和平,并且信靠真主。” [TMQ Al-Anfal: 61]
“And if they incline to peace, incline you also to it, and trust in Allah.” [TMQ Al-Anfal: 61]
他(SWT)还说:
He (swt) also says:
“信道的人们啊!你们应当履行契约。” [TMQ Al-Ma’idah: 1]
“O you who believe fulfil the contracts (undertakings).” [TMQ Al-Ma’idah: 1]
“你们不要以虚假的方式彼此侵吞财产,也不要把财产贿赂给法官,以便你们明知故犯地非法侵占别人的一部分财产。” [TMQ Al-Baqarah: 188]
“And eat up not your property among yourselves in vanity, nor seek by it to gain the hearing of the judges that you may knowingly devour a portion of the property of the others wrongfully.” [TMQ Al-Baqarah: 188]
“在(报复的)法度中,有你们的生命保障,有理智的人啊。” [TMQ Al-Baqarah: 179]
“And there is (a saving of life) life for you in (the law of) retaliation, O men of understanding.” [TMQ Al-Baqarah: 179]
“至于盗窃的男子和女子,你们应当砍断他们的手,作为对他们所为的报应,也是安拉给予的惩戒。” [TMQ Al-Ma’idah: 38]
“As for the thief, both male and female, cut off their hands, as a retribution for their deed and an exemplary punishment from Allah.” [TMQ Al-Ma’idah: 38]
“然后,如果她们为你哺乳,就把她们应得的报酬给她们。” [TMQ 65:6]
“Then, if they suckle for you, give them their due payment.” [TMQ 65:6]
“让有余财的人依其所有而施舍,让生计受限的人依真主所赐给他的而施舍。” [TMQ At-Talaq: 7]
“Let him who has abundance spend of his abundance, and he whose provision is measured, let him spend according to what Allah has given him.” [TMQ At-Talaq: 7]
“从他们的财产中取出天课,借此使他们得到洁净。” [TMQ At-Tauba: 103]
“Take alms of their wealth, with which you may purify them.” [TMQ At-Tauba: 103]
因此,我们可以看到立法的大致框架在各个方面都有体现,包括军事、刑事、政治和交易等领域,这在数百节经文以及众多真实可信的圣训中都有明确的体现,而这些都是为了被落实和执行而降示的。它们在先知穆罕默德ﷺ在世时、四大哈里发时期,以及在他们之后执政的哈里发时代,都得到了切实的实施。这只能证明,伊斯兰是一套治理国家的制度,是关乎社会与生活、关乎乌玛与个人的制度。这也证明,除非国家遵循伊斯兰制度,否则国家没有执政的权威。伊斯兰如果没有一个执行其律法的国家作为载体,就无法真正存在,只有活在现实之中,它才有生命力。伊斯兰是一种宗教(deen)和一种意识形态,国家与统治制度是其中的组成部分。国家是伊斯兰为实施其律法、并在公共生活中执行律法而确立的唯一合法主体。在任何情况下,如果没有一个实施伊斯兰的国家,伊斯兰就无法存在。此外,国家是政治性的人类实体,而不是神圣或精神性的实体。它没有圣洁性,其领导者也不具有无误的特质。
Thus, we find the broad lines of the legislation in its various aspect, including the military, criminal, political and transactions evident in hundreds of verses in addition to the numerous sound Ahadith of the Messenger of Allah (pbuh), which have all been revealed to be implemented and executed. They have effectively been implemented in the lifetime of the Messenger of Allah (pbuh), the period of the Khulafaa’ Ar-Rashidoon, as well as during the ruling of the Khulafaa’ who came after them. This could only prove that Islam is a system for ruling and state, for society and life, and for the Ummah and the individuals. It also proves that the state has no authority for ruling unless it adheres to the Islamic system. Islam would have no existence unless it was alive, represented by a state that implements its rules. Islam is a deen (religion) and an ideology, with the State and the ruling system being part of it. The State is the only legal body that Islam has laid down to implement its laws and execute them in public life. Islam would not exist without a state that implements it under all conditions. Furthermore, the State is a political and human entity, not a holy or spiritual one. It has no sainthood and its leader has no infallible characteristics.
统治制度是决定国家形态与特性的制度,包括国家的根基、支柱与机构,国家所建立的基础,以及处理国家事务所依据的基本思想、概念与标准,还包括其宪法与所实施的法律。它是一个独特而鲜明的制度,服务于一个独特而鲜明的国家。无论就其所建立的基础、处理民众事务所依据的思想、概念与标准,还是其呈现的形态,或所实施的法律与宪法而言,它都与人类已知的其他一切制度截然不同。
The ruling system is the one that determines the shape of the State and its character, its foundation, pillars and bodies, and the basis upon which it is built, together with the basic thoughts, concepts and the criterion with which it looks after the affairs, as well as the constitution and the laws it It is a distinct and unique system for a distinct and unique state, being totally different from all other systems known to mankind whether in terms of the basis upon which it is built or the thoughts, concepts and criteria with which it deals with people’s affairs, or the shape that it takes or the laws and constitution it implements.