3.1 主权属于伊斯兰教法(Shar’a)
3.1 Sovereignty is for Shar’a
关于第一项原则,即主权属于沙里阿(Shar'a):这一概念有其实质,即"主权"一词本身。它有证据表明主权属于沙里阿,而非属于乌玛(Ummah)。该词的实质是:它是一个西方术语,指的是行使并掌控意志的人。因此,如果一个人自己行使并掌控自己的意志,他就对自己拥有主权;但如果他的意志被自己以外的他人掌控和行使,他就是奴隶。这同样适用于乌玛:如果她的意志,即其大多数成员的意志,由她自己通过其中的一些成员来掌控,她出于自愿和自由把掌控这一意志的权利授予了这些成员,那么她就被视为对自身拥有主权;而如果他人违背她的意愿掌控了她的意志,她就被视为受奴役。正因如此,民主制度才宣称:主权属于人民,即人民自行管理事务,选举他们所希望的代表,并赋予他们掌控其意志的权利。这就是我们要对其适用判决的主权的实质。关于这一主权的判决是:它属于沙里阿,而非属于乌玛。个人的意志并非依其所好由他自己掌控,而是受安拉(SWT)的命令和禁令约束。同样,乌玛也不是依其自由意志行事、随心所欲,而是服从安拉(SWT)的命令和禁令。关于此事的证据体现在安拉的话语中:
As for the first principle, that the sovereignty belongs to the Shar’a; it has a reality, which is the word sovereignty. It has evidence that indicates that it belongs to the Shar’a and not to the Ummah. Its reality is that this word is a Western term, which means the one who exercises and controls the will. So if an individual exercised and controlled his own will, he would be sovereign over himself, but if his will was controlled and exercised by other than himself he would be a slave. This applies to the Ummah as well, if her will i.e. the will of the majority of her individuals, was controlled by herself via some of her individuals, to whom she willingly and freely granted the right of controlling that will, she would be considered sovereign over her own self. Whereas if others cotrolled her will, against her wishes, she would be considered enslaved. That is why the democratic system states: the sovereignty belongs to the people i.e. the people exercise their own affairs and elect the delegates they wish and give them the right to control their will. This is the reality of the sovereignty that we want to apply the verdict on. The verdict regarding this sovereignty is that it belongs to the Shar’a and not to the Ummah. The will of the individual is not controlled by himself as he pleases but by the commands and prohibitions of Allah (swt). Similarly, the Ummah is not controlled by her own free will where she acts as she pleases but is rather subjected to the commands and prohibitions of Allah (swt). The evidence about this is reflected in Allah’s saying:
“以你的主发誓,他们在让你来裁决他们之间的纷争之前,是不会信仰的。” [An-Nisa: 65]
“And by thy Lord they will not believe until they make you judge between them.” [An-Nisa: 65]
以及祂的(SWT)言语:
And His (swt) speech:
“信道的人们啊!你们当服从真主,服从使者,服从你们中的主事人。如果你们在什么事情上有争议,就当把它交给真主和使者裁决,如果你们确信真主和末日。” [An-Nisa: 59]
“O you who believe, Obey Allah, Obey His Messenger and those in authority from amongst you and if you differ then refer it to Allah and His Messenger if you believe in Allah and the Last Day.” [An-Nisa: 59]
"归于安拉和使者",意思是归于沙里亚的律例。因此,统治乌玛和个人、执行乌玛与个人意志的,实际上正是穆罕默德使者ﷺ所带来的。所以,乌玛和个人都顺服沙里亚。由此,主权属于沙里亚。因此,乌玛并非像在民主制度中那样,把效忠宣誓(Bay'ah)给哈里发,仿佛她雇佣他去执行她所想要的。相反,效忠宣誓是基于安拉的经典和其使者ﷺ的圣训而给予他的,以便他执行安拉(SWT)的经典和其使者ﷺ的圣训,即实施沙里亚,而不是人们所想要的。即使向他效忠的人偏离了沙里亚,他也必须与他们作战,直到他们回归沙里亚。
Referring it to Allah and the Messenger means to the rules of Shar’a. Therefore, that which controls the Ummah and the individual, and conducts the will of the Ummah and the individual is, in fact, what the Messenger of Allah (pbuh) has brought. So the Ummah and the individuals submit to the Shar’a. Thus, the sovereignty is for the Shar’a. Therefore, the Ummah does not give the Bay’ah to the Khaleefah as if hired by her to execute what she wishes, as is the case in the democratic system. He is rather given the Bay’ah on the Book of Allah and the Sunnah of His Messenger (pbuh), so as to execute the Book of Allah (swt) and the Sunnah of His Messenger (pbuh) i.e. to implement the Shar’a and not what the people wish. Even if the people who gave him the Bay’ah deviated from the Shar’a he has to fight them until they revert back to the Shar’a.