15.5 对公然显露kufr(叛教/不信)的统治者,必须加以对抗
15.5 The ruler who displays flagrant Kufr must be fought against
存在一种情况,不适用服从统治者这一一般规定,即统治者命令人们犯罪。同样,也有一种情况不适用禁止反抗统治者、举兵反对他的一般规定,那就是统治者公然表现出明显的不信。在这种情况下,应当与他作战,因为有经文涉及这种情形。 ‘Awf Ibnu Malik Al-Ashja'i 说:"我听见真主的使者ﷺ说:'你们最好的领袖,是你们爱戴他们、他们也爱戴你们,你们为他们祈祷、他们也为你们祈祷的人;你们最坏的领袖,是你们憎恨他们、他们也憎恨你们,你们诅咒他们、他们也诅咒你们的人。'我们问:'真主的使者啊,那我们是否应当起兵反对他们?'他说:'不,只要他们在你们中间谨守拜功。'"[穆斯林圣训实录辑录] "谨守拜功"的含义是以伊斯兰治理,即执行沙里亚的律例。这是因为在此处以其中一部分指代伊斯兰的整体。这在阿拉伯语中很常见,例如真主(斯位)说:"释放一个奴隶"[《古兰经》4:92],意思是释放奴隶,即释放他整个人,而不仅仅是他的脖子。在这段圣训中,先知ﷺ说:"只要他们在你们中间谨守拜功。"这指的是确立全部律例,而不仅仅是拜功,这是一种修辞形式,以部分指代整体。 穆斯林圣训实录辑录了乌姆·赛俩传述的圣训:真主的使者ﷺ说:"将会有一些统治者被任命管理你们,你们认可他们所做的一些事,也否认他们所做的一些事。凡认可者便无过失;凡反对者便得安全;但凡默许并追随他们者(便遭毁灭)。"他们问:"我们不应与他们作战吗?"先知ﷺ回答:"不,只要他们仍然礼拜。" 这意味着所有规则的确立,而不仅仅是礼拜,这是一种借喻的用法,即以部分指代整体。圣门弟子欧拜代·本·沙米特(‘Ubadah Ibnus-Samit)传述:
There is one situation excluded from the general rule concerning the obligation of obedience to the ruler. This is the case of commanding people to perform a sin. Similarly there is one situation excluded from the general rule concerning the prohibition of rebellion against the ruler and taking up arms against him, which is when He commits an act of flagrant disbelief. In this case He should be fought against, for there are texts related to this situation. ‘Awf Ibnu Malik Al-Ashja’i said; “I heard the Messenger of Allah (pbuh) say; ‘The best of your Imams are those whom you love and they love you and whom you pray for and they pray for you, and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you.’We asked: ‘O Messenger of Allah, shall we not then declare war on them?’ He said; ‘No, as long as they establish the prayer among you.’” [Narrated by Muslim] Establishing the prayer means to rule by Islam, that is to implement the rules of Shari’ah. This is because naming part of it denotes the whole of Islam here. This is common in Arabic, for instance Allah (swt) says; “To free a neck” [TMQ An-Nisa’: 92] which means to free the slave i.e. all of Him and not just his neck. In this Hadith He (pbuh) said; “As long as they establish the prayer among you.” This means the establishment of all the rules not just the prayer and is a figurative form where basically the part is mentioned to refer to the whole. Muslim reported on the authority of Umm Salama that the Messenger of Allah (pbuh) said; “Ameers will be appointed over you, you recognise some of what they do and you disown some. Whoever recognised He is absolved from blame. Whoever disapproved (of their bad deeds) He is safe, but whoever consented and followed them (he is doomed.)’ They said; ‘Should we not fight against them?’ He (pbuh) replied: ‘No, as long as they prayed.’” This means the establishment of all the rules not just the prayer and is a figurative form where basically the part is mentioned to refer to the whole. ‘Ubadah Ibnus-Samit reported:
“使者(愿主赐他平安)召唤我们,我们便向他宣誓效忠。他对我们所作的约束之一是:无论我们喜欢还是不喜欢,无论处于逆境还是顺境,即便别人比我们更受优待,我们都要听从并服从埃米尔,也不与掌权者争夺权力,他说:‘除非你们看到明显的不信,并且对此有来自真主的确凿证据。’” [Narrated by Muslim]
“The Messenger of Allah (pbuh) called us and we gave Him the Bay’ah (oath of allegiance). Among the injunctions He made binding upon us was to listen and obey to the Ameer in our pleasure and displeasure, in our adversity and prosperity, and giving (others) preference over ourselves, and not to dispute the authority with its people, He said; ‘Unless you see a flagrant disbelief on which you have clear proof from Allah.’” [Narrated by Muslim]
这三段圣训——欧夫·本·马立克的圣训、乌姆·赛莱麦的圣训,以及欧巴戴·本·苏哈密特的圣训——的主题都是反抗统治者。它们明确禁止反抗统治者。
The subject of these three Ahadith, the Hadith of ‘Awf Ibnu Malik, that of Umm Salama, and that of ‘Ubadah Ibnus-Samit is the rebellion against the ruler. They categorically forbid the rebellion against him:
“‘难道我们不应该向他们宣战吗?’他(ﷺ)说:‘不。’‘难道我们不应该与他们作战吗?’他(ﷺ)说:‘不。’‘我们也不应该与掌权者争执。’”他们都绝对禁止反抗统治者,由此表明这是一种禁令。这与反抗所带来的耻辱相结合,而圣训也表明了这一点,安拉的使者(ﷺ)说:“谁反抗统治者,背离了穆斯林的集体(Jama'ah),他的死就如同蒙昧时代的死亡。”[由奈萨仪从艾卜·胡莱赖引述]因此,这是一项确定的禁令,因为它将违抗并反叛伊玛目者的死视为蒙昧时代的死亡,表明这是一项确定的禁令。因此,这些圣训可作为禁止反抗的证据。
“‘Should we not then declare war on them?’ He (pbuh) said; ‘No.’ ‘Should not we fight against them?’ He (pbuh) said; ‘No.’ ‘And we should not dispute with the people of authority.’” They all forbid the rebellion against the ruler categorically, thus indicating a prohibition. This is combined with the disgrace attributed to the rebellion and is indicated in the Hadith where Allah’s Messenger (pbuh) said; “He who rebels against the ruler and deserts the Jama’ah, his death would be that of the days of Jahiliyyah.” [Narrated by An-Nasa’i from Abu Hurairah] It is therefore, a decisive prohibition, for it considers the death of He who disobeys and rebels against the Imam as a death of Jahiliyyah, indicating that it is a decisive prohibition. The Ahadith thus serve as evidence for the prohibition of rebellion.
然而,有一种情况被排除在外,即第一和第二段圣训所表述的:不建立拜功,不礼拜。第三段圣训中也以明显的“昭著的kufr”(明显的不信)来表述。不建立拜功、不礼拜,即不以安拉所降示的律法裁决,换言之,以kufr的律法来裁决,这无疑意味着明显的不信(kufr)已经出现。圣训中所说的“明显的不信”是一种描述,适用于一切被视为明显kufr的事物。因此,如果我们已有安拉(SWT)的证据证明明显的kufr已经出现,我们就应当反抗它。无论这是以不信的律法来裁决,即以非安拉所降示的律法来裁决,还是他没有以不信的律法裁决,而是对叛教伊斯兰教的行为保持沉默,并允许叛教者公开展示他们的不信,或类似的任何情形,所有这些都属于明显的不信。这是一般性的,包括任何类型的明显不信。这就是圣训中提到的例外:明显不信的出现。因此,如果这种情况发生,反抗便成为义务。
However, one case is excluded which is expressed in the first and second Hadith, not establishing the prayer, and not praying. It is also expressed in the third Hadith by the flagrant disbelief. The nonestablishment of prayer and the non-performing of prayer, that is, ruling by other than what Allah (swt) has revealed, in other words to rule by the rules of Kufr, a matter which would undoubtedly mean the appearance of flagrant disbelief. The “flagrant disbelief “, that came in the Hadith is a description that applies on everything that is considered as flagrant Kufr. So, if flagrant Kufr of which we have proof from Allah (swt) has appeared, we should rebel against it. Whether this was ruling by the laws of disbelief, that is by other than what Allah has revealed, or He was not ruling by the laws of disbelief, but remained silent about apostasy against Islam and allowed the apostates to display openly their disbelief or anything similar. All this would be flagrant disbelief. This is general and includes any type of flagrant disbelief. This is the exception (mentioned in the Ahadith): appearance of the clear disbelief, so if this occurs then rebellion becomes obligatory.
在这些圣训中,其含义表明:先知穆罕默德ﷺ禁止我们对统治者宣战、与他们作战,或与他们争夺统治权;而这一情形被排除在禁令之外,这意味着它成为我们必须履行的命令。圣训的隐含之义(Mafhoom)指的是:如果此种情形发生,即统治者公然行使kufr(不信),则命令是对统治者宣战、与其作战,并与其争夺统治权。隐含之义在作为律例证据方面与字面之义等同。因此,它可作为证据,表明立法者已命令穆斯林,若在统治中出现公开的kufr,就应对统治者宣战、与其作战,并与其争夺统治权。至于这一命令具有决定性的依据(Qareenah),在于此命令所涉及的事项被伊斯兰教法所强调:立法者使依伊斯兰统治为Wajib(必须履行),而非Mandub(推荐);公开的不信之出现已被伊斯兰教法所禁止,而不仅仅是Makruh(厌恶)。因此,这一命令的事项本身即构成该命令具有决定性的依据。由此可见,在这一例外情形下,反抗统治者不仅被允许,实际上还是穆斯林的义务。
The indication in these Ahadith regarding the obligation of rebellion against the rulers in this case is reflected in the fact that the Messenger of Allah (pbuh) has forbidden us from declaring war on them, fighting against them and disputing with them over their authority, and He excluded this case, which means it is excluded from the rule of prohibition. This means that it becomes an order that we need to fulfil. The indicative meaning (Mafhoom) of the Ahadith means the order to declare war on the ruler, fighting against Him and disputing with Him over his authority, if such case occured. The indicative meaning (Mafhoom) is equal to the literal meaning in terms of its proof on the rule. It therefore serves as evidence indicating that the legislator has ordered the Muslims to declare war on the rulers, to fight against them and dispute with them over their authority if the open Kufr emerged in their ruling. As for the Qareenah (indication) that this order is decisive, this is because the subject matter of this order was emphasised by Shari’ah. The Legislator has made ruling by Islam Wajib (obligatory) and not Mandub (recommended). The emergence of flagrant disbelief has been forbidden by Shar’a, and is not merely Makruh (undesirable). The subject matter of the order thus serves as a Qareenah that the order is decisive. The rebellion against the ruler in this exceptional case is thus not only permitted but actually an obligation upon the Muslims.
然而,必须强调的是,所说的“明显的kufr(不信)”出现时,指的是我们拥有确凿证据证明其为不信行为的那种不信。先知(愿主赐福并平安于他)没有止于说“明显的不信”,而是接着说“你们对此有来自真主的Burhan(确证)”。“Burhan”一词所指的正是确凿的证据。存在明确无疑的证据证明明显的不信,是叛乱(起义)的条件之一。如果对于它是否属于不信行为存在疑虑,或者即便证据正确,但关于它是不信行为的证据只是Zanni(或然性)证据,那么叛乱就是不合法的,因为只有在有明确无疑的证据证明其为不信行为时,叛乱才被允许。
However, it has to be stressed that what is intended by the emergence of the flagrant disbelief, is the disbelief on which we have decisive evidence proving that it is an act of disbelief. The Messenger of Allah (pbuh) did not stop at saying “flagrant disbelief “, but He went on to say “ on which you have a Burhan (proof) from Allah.” The word Burhan is only referred to the decisive evidence. The presence of clear-cut evidence proving flagrant disbelief is one of the conditions of rebellion. If there were doubts about it not being an act of disbelief, or if there was a Zanni (probable) evidence about it being an act of disbelief even if the evidence was correct, then the rebellion would be unlawful, as the rebellion is only allowed if there were a clear cut evidence that it is an act of disbelief.
所谓明显的kufr(不信),指的是那种毫无疑问、并有确凿证据证明其为不信的行为。如果统治者下令实施的行为或做法存在疑问,那么这并非不信行为,以“统治者犯了明显的不信”为借口起来反抗他,是不合法的,因为其中仍存在疑问。例如,如果统治者下令在大学里讲授辩证唯物主义理论,或讲授其他不信的学说,而有人认为讲授这些不信的学说会导致不信,那么在这种情况下他仍须服从统治者,并学习这些学说。以统治者犯了明显的不信为借口而反抗统治者,是被禁止的。统治者会有证据表明,获取关于不信学说的知识是被允许的,因为《古兰经》提到了这些学说,真主(SWT)曾针对它们发出训谕并加以驳斥。
What is thus meant by flagrant disbelief is the type of disbelief over which there is no doubt and over which conclusive evidence has proved that it is disbelief. If the rulers ordered an action or conduct that carried a doubt, this is not an act of disbelief and it would be unlawful to rebel against Him under the pretext that there was flagrant disbelief. This is due to the presence of doubt. For instance, if the ruler ordered the teaching of the theory of dialectical materialism at universities, or the teaching of other doctrines of disbelief, and one thought that the teaching of doctrines of disbelief would lead to disbelief He must in this case obey the ruler and study such doctrines. It would be forbidden to rebel against the ruler under the pretext that flagrant disbelief has been perpetrated. The ruler would have evidence that it is permitted to acquire information about the doctrines of disbelief, for the Qur'an has mentioned them, where Allah (swt) has addressed them and refuted them.
可见,凡是有证据或可能有证据表明它不是 kufr(不信),并且有证据或可能有证据表明它出自伊斯兰教,而统治者下令实施或亲自实施了它,那么它就不会被视为不信的裁决,也不构成明显的不信(kufr bawah),不属于例外情形;在这种情况下反抗统治者是不合法的,反而服从他是义务。
It can be seen that everything that has evidence or a probable evidence that it is not disbelief and there is an evidence or a probable evidence that it is from Islam and the ruler ordered it or performed it, then it would not be considered as the rules of disbelief, nor emergence of flagrant disbelief. It would not be included in the exception and it would be unlawful to rebel against the ruler in such a case, rather to obey Him would be obligatory.