15.1 伊斯兰教禁止伤害穆斯林,也禁止窥探穆斯林的隐私。
15.1 Islam forbids harming the Muslims and spying on them
伊斯兰教禁止折磨和伤害他人。穆斯林记载,希沙姆·本·哈基姆说:“我作证,我听到安拉的使者ﷺ说:‘安拉会惩罚那些在今世折磨人的人。’”他ﷺ还说:“我尚未见到的火狱居民有两类:一类人手持如牛尾般的鞭子,用它鞭打人们。” [Narrated by Muslim from Abu Hurairah]
Islam has forbidden the torturing and harming of people. Muslim narrated from Hisham bin Hakeem, who said; “I bear witness that I heard the Messenger of Allah (pbuh) say; ‘Allah will punish those who punish the people in the Dunya.’” He (pbuh) also said; “There are two types of the people of Hellfire I have not seen yet; some people who have whips like the tails of oxes by which they flog the people.” [Narrated by Muslim from Abu Hurairah]
伊斯兰教也禁止侵犯人们的神圣权利、尊严、财产和荣誉,禁止亵渎他们住所的神圣性。先知穆罕默德ﷺ说:"穆斯林对于他的信仰兄弟来说,他的血、他的财产和他的荣誉都是不可侵犯的。"这段圣训由穆斯林圣训学家穆斯林转述,其传述者为艾布·胡莱赖ﷺ。他在绕天房进行环绕时还说:
Islam has also forbidden the violation of people’s sanctities, dignity, funds and honour, and the dishonouring of the sanctity of their homes. The Messenger of Allah (pbuh) said; “All things of a Muslim are inviolable for his brother in belief: his blood, his wealth and his honour”, from a Hadith narrated by Muslim on the authority of Abu Hurairah. He (pbuh) also said while making Tawaf around the Ka’aba:
“你是多么俊美,你的芬芳是多么甜美。你是多么崇高,你的圣洁是多么崇高。以那掌握穆罕默德灵魂的主发誓,信士的圣洁在真主看来比你的更为尊贵——即他的财产和他的血——而不要对祂存有除善念之外的念头。”[伊本·马哲根据乌拜杜拉·本·阿穆尔的传述而记录] 他ﷺ还说:“辱骂穆斯林是一种罪过,与他作战是一种不信。”[布哈里和穆斯林根据阿卜杜拉·本·麦斯欧德的传述而记录] 关于房屋的圣洁,他ﷺ说:“如果有人未经允许窥视你的房屋,而你用石头击中他并戳瞎了他的眼睛,你是没有过失的。”[穆斯林根据艾卜·胡莱赖来的传述而记录] 据萨흘·本·萨德·赛迪传述:有一人从安拉的使者ﷺ的门孔中窥视,当时安拉的使者ﷺ正用一根带叉的棍子挠头。他ﷺ说:“如果我知道你在从门里窥视,我就会用它戳你的眼睛。的确,请求许可是为了防止窥视而设立的。”[布哈里和穆斯林记录] 他ﷺ还说:“凡未经允许窥视别人家的人,他们可以挖掉他的眼睛。” [Narrated by Ahmed from Abu Hurairah]
“How splendid you look, and how sweet is your scent. How grand you are and how grand is your sanctity. By Whom in Whose Hand is the soul of Muhammed, the sanctity of the believer is greater to Allah than yours, (that is) his wealth and his blood, and not to think of Him except good.” [Narrated by Ibnu Majah on the authority of Ubaid Allah bin Amru] He (pbuh) also said; “Abusing the Muslim is an aggression and fighting Him is disbelief.” [Narrated by Al-Bukhari and Muslim on the authority of ‘Abdullah bin Mas’ood] He said regarding the sanctity of the houses; “If a person were to cast a glance in your house without permission and you hit Him with a stone and thus gouged out his eyes, there would be no blame on you.” [Narrated by Muslim from Abu Hurairah] It has been reported on the authority of Sahl Ibnu Sa’d Al-Sa’idi that a man once peeped through the hole of the door of the Messenger of Allah (pbuh), the Messenger of Allah (pbuh) was at the time scratching his head with a fork. He (pbuh) said; “If I were to know that you had been peeping through the door, I would have thrust this into your eyes. Indeed , seeking permission was made to protect against the glance.” [Narrated by Al-Bukhari and Muslim] He (pbuh) also said; “He who peeps into some people’s house without their permission, it is allowed for them to gouge out his eye.” [Narrated by Ahmed from Abu Hurairah]
伊斯兰教也禁止窥探穆斯林,监视他们、跟踪他们,以及打探他们的机密和私人消息。伊斯兰教还禁止穆斯林充当其他穆斯林的间谍。安拉(SWT)说:{信道的人们啊!你们应当尽量避免猜疑,因为有些猜疑是犯罪的;你们不要互相侦察。} [TMQ Al-Hujurat: 12]
Islam has also forbidden spying on the Muslims, watching them, chasing them and looking into their confidential and personal news. It has also forbidden the Muslim from being a spy on other Muslims. Allah (swt) says; “O you who believe, avoid suspicion as much as possible, for suspicion in some cases is a sin, and do not spy on each other.” [TMQ Al-Hujurat: 12]
“真主的使者ﷺ说:‘你们要避免猜疑,因为猜疑是言语中最严重的谎言。不要互相窥探隐私,不要互相刺探,不要互相背弃,不要互相憎恨,要做真主的仆人,并且要做兄弟。’”[布哈里和穆斯林根据艾卜·胡莱赖传述] 他ﷺ还说:“你们这些只用舌头信仰、信仰尚未进入你们心中的人啊,不要背后诽谤穆斯林,不要寻找他们的缺点。因为谁寻找穆斯林的隐私缺陷,真主就会寻找他的缺陷;而真主寻找谁的缺陷,就会在他的家中也将其暴露出来。” [Narrated by Ahmad from Abu Barza Al-Aslami]
The Messenger of Allah (pbuh) said; “Avoid suspicion, for suspicion is the gravest lie in talk, and do not be inquisitive about one another and do not spy on one another, and do not turn one’s back to each other, do not hate each other, and be servants to Allah and be brothers.” [Narrated by Al-Bukhari and Muslim from Abu Hurairah] And He (pbuh) also said; “O you people who believed with your tongue, and Iman has not yet entered your hearts, do not backbite the Muslims, and do not search for their weaknesses. For He who sought the Awraat (the defects) of the Muslims Allah would follow his, and He whom Allah follows his Awra (defect), He would also expose Him even in his own home.” [Narrated by Ahmad from Abu Barza Al-Aslami]
经文和圣训禁止穆斯林互相刺探,也禁止探察穆斯林的隐私过失('Awraat',即缺陷)。圣训警告说:谁探察穆斯林的隐私过失,安拉就会探察他的隐私过失,并使他暴露。另有圣训记载,禁止穆斯林为情报机构工作,去刺探穆斯林。Al-Miswar传述:安拉的使者ﷺ说:"谁因伤害一位穆斯林而吃到某种食物,安拉必定会在火狱中以同类的食物供他享用;谁因伤害一位穆斯林而穿上某件衣服,安拉必定会在火狱中给他穿上与之相似的衣服。" [Narrated by Abu Dawood and Ahmad]
The Ayah and the Ahadith forbid the Muslims from spying against the Muslims and from following their ‘Awraat’ (defects). They warn that He who follows the ‘Awraat’ (defects) of the Muslims, Allah will follow his Awraat (defects) and will expose him. Other Ahadith have been reported forbidding the Muslims from working for the intelligence agencies to spy on the Muslims. Al-Miswar reported that the Messenger of Allah (pbuh) said; “Whoever ate something by harming a Muslim, Allah will indeed feed Him the like of it from Jahannam. And whoever clothed himself with a dress by harming a Muslim, indeed Allah will clothe Him a dress similar to it in Jahannam.” [Narrated by Abu Dawood and Ahmad]
同样,对于受保护的民众(Dhimmah,即契约之民),也禁止对其进行侦察,因为在交易和被交易方面,他们与穆斯林享有同等的公正待遇。先知ﷺ命令善待契约之民,并禁止伤害他们,他ﷺ说:“凡伤害与之有契约的人,或使其负担超出其能力的人,我将在审判日与他辩论。”[由叶海亚·本·阿丹在《赋税之书》(Al-Kharaaj)中记载]欧麦尔说:“我嘱咐我之后的哈里发要善待那些受先知ﷺ保护的人,要履行对他们的契约(誓约),为保护他们而战,不要让他们负担超出其能力的赋税。”[由叶海亚·本·阿丹记载] 经文和圣训虽然是关于禁止侦察的普遍性规定,但不包括对交战中的不信道者的侦察,无论他们实际上是交战者还是潜在的交战者。也有其他圣训specify禁止侦察的对象是交战的不信道者之外的人。对交战的不信道者进行侦察并不被禁止,反而是一项义务,伊斯兰国必须这样做。这是因为先知ﷺ曾派遣阿卜杜拉·本·贾赫什率领八队迁士,前往塔伊夫与麦加之间的纳赫拉,监视古莱氏的动向并搜集其消息。对不信道的敌人进行侦察,是伊斯兰武装力量和伊斯兰国不可或缺的事务。
It is similarly forbidden to spy on the citizens from the people of the Dhimmah, for they are equal to the Muslims in terms of dealing and being dealt with fairly. The Messenger of Allah (pbuh) ordered that the Dhimmah should be treated nicely and He forbade harming them, He (pbuh) said; “He who harms a person under covenant, or charged Him more than He can, I will argue against Him on the Day of Judgement.” [Narrated by Yahya bin Adam in the book of Al-Kharaaj] ‘Umar said; “I recommend to the Khaleefah after me to be good to those who are under the protection of the Messenger of Allah (pbuh), He has to fulfil to them their covenant (oath), to fight for protecting them and to not be charged more than they can afford.” [Narrated by Yahya bin Adam] The Ayah and the Ahadith - although they are general about the unlawfulness of spying-exclude the spying against the belligerent disbelievers, whether they were actually or potentially belligerent. There are other Ahadith that specify the prohibition of spying to other than the belligerent disbelievers. Spying against the belligerent disbelievers is not forbidden, rather it is an obligation, and so the Islamic State must do that. This is because the Messenger of Allah (pbuh) sent ‘Abdullah bin Jahsh with eight bands of people from the Muhajireen, to Nakhla between Al-Taif and Makkah to monitor the movements of Qur’aysh and gather news about them. Spying against the disbelieving enemy is a matter that the Islamic armed forces and the Islamic State cannot do without.
对敌方间谍进行侦察,是伊斯兰国必须履行的责任。反间谍机构以对抗敌人对其实施的任何间谍活动,也是它的责任。这是因为,布哈里根据萨拉马·伊本·阿克瓦(愿真主喜悦他)的传述说:“真主的使者ﷺ在一次旅途中遇到一名间谍;这名间谍坐在一些圣门弟子中间交谈,然后悄悄溜走了。于是真主的使者ﷺ说:‘去追他,杀了他。’于是我抢先赶到他面前,把他杀了,真主的使者ﷺ便把那名间谍的战利品赏给了我。” 艾哈迈德记载了一则来自弗拉特·伊本·哈雅恩的事件,他说:“真主的使者ﷺ下令处死他。他是一名间谍,是艾布·苏福扬的同盟。他经过一群安萨尔人的圈子,说:‘我是穆斯林。’一名安萨尔人说:‘真主的使者啊,他说他是穆斯林。’真主的使者ﷺ回答:‘你们中间有些人,我们信任他们的信仰,弗拉特·伊本·哈雅恩就是其中之一。’” 布哈里根据阿里·本·阿比·塔利卜(愿真主喜悦他)的传述说:“真主的使者ﷺ派我与祖拜尔和米格达德·本·阿斯瓦德一同出发,并说:‘你们出发,直到抵达卡赫赫园,你们会找到一名骑着骆驼的女子,她带着一封信,你们把信从她那里拿来。’我们策马疾驰,直到抵达那座园子,找到了那名女子。我们对她说:‘把信拿出来。’她说:‘我没有信。’我们说:‘拿出来,否则我们就脱掉你的衣服。’于是她从发辫中取出了信,我们把信带回给了真主的使者ﷺ。” 这些事件表明,伊斯兰中的统治并非压迫性的统治,而且这种统治是被禁止的,因为压迫性的统治会给穆斯林带来严重的伤害,与伊斯兰教法的规定相违背,也与伊斯兰教法的原则“不得伤害,也不得自我伤害”(“La Dharara Wala Dhirar”)相抵触。
Spying against the disbelieving enemies is a duty that the Islamic State must perform. It is also its duty to have a counter intelligence service to combat any spying it is subjected to by the disbelievers. This is because Al- Bukhari reported on the authority of Salama Ibnu Akwa’, who said; “The Messenger of Allah (pbuh) encountered a spy while on a journey; the spy sat among some of the Prophet’s companions talking and then He snuck away. Upon this the Messenger of Allah (pbuh) said; ‘Go after Him and kill him.’ So I beat everyone to Him and I killed him, so the Messenger of Allah (pbuh) gave me the booty of that spy.’” Ahmed narrated an incident from Furat Ibnu Hayyan, who said, “The Messenger of Allah (pbuh) ordered his killing. He was a spy, and an ally of Abu Sufyan and He passed by a circle of the Ansar and said; ‘I am a Muslim.’ A man from the Ansar said; ‘O Messenger of Allah (pbuh) He says that He is a Muslim.’ The Messenger of Allah (pbuh) replied; ‘There are men among you whom we entrust to their belief, and Furat Ibnu Hayyan is one of them.’” Al- Bukhari reported on the authority of ‘Ali bin Abi Talib (rta), who said; “The Messenger of Allah (pbuh) sent me together with Az-Zubair and Al-Miqdad bin Al-Aswad, and said; ‘Go forth until you reach the garden of Khakh, you will find a tha’ina (a woman riding a camel) who is carrying a letter, so take it from her.’ We set off riding at high speed until we reached the garden, and we found the tha’ina. We said to her; ‘Get out the letter.’ She said; ‘I have no letter.’ We said; ‘Get it out or else we take off the dress. So she got it out of her braid and we brought it back to the Messenger of Allah (pbuh).” These incidents’ indicate that ruling in Islam is not an oppressive rule, and it is forbidden for it to be such, for oppressive ruling brings grave harm to the Muslims, contradicts the Shari’ah rules, and also disagrees with the Shari’ah principle that states “no harming and no self-inflicted harm”, “La Dharara Wala Dhirar”.
这也表明,伊斯兰国不得设立情报机构去监视公民,无论穆斯林还是非穆斯林,并且禁止伤害他们。
It also indicates that it is forbidden for the Islamic State to set up an intelligence organisation to spy against the citizens, Muslims and non- Muslims alike, and that it is forbidden to harm them.
国家有责任设立情报机构,以便对异教徒进行侦察,搜集有关他们的情报,并打击他们针对国家进行的间谍活动。
It is the duty of the State to set up an intelligence service in order to spy against the Kuffar and gather information about them and to combat the espionage they carry out against the State.