4.5 对篡位者的裁决
4.5 The verdict on the usurper
如果篡权者以武力夺取权力,即便他宣布自己是穆斯林的哈里发,他也不会成为哈里发。这是因为在这种情况下,穆斯林并没有把哈里发职位授予他。如果他以武力和胁迫从民众那里获取效忠誓约(Bay'ah),即便效忠誓约已经交给了他,他也不会成为哈里发。这是因为以武力和胁迫取得的效忠誓约不被视为有效,哈里发职位也不能由此缔结。因为它是一种基于相互同意和自由选择的契约,不能通过强迫或胁迫缔结。因此,哈里发职位只能通过出于同意和自由选择的效忠誓约而缔结。 然而,如果篡权者成功说服民众,使他们相信,给予他效忠誓约符合穆斯林的利益,而且执行伊斯兰法(Shar'a)的规定要求他们效忠,民众信服并接受了这一点,然后出于同意和自由选择向他效忠,那么他从效忠誓约出于同意和自由选择地交给他的那一刻起就成为哈里发。即便他最初是以胁迫和武力夺取权力的,情况依然如此。条件在于效忠誓约的给予,而且必须出于相互同意和自由选择,无论接受效忠的人是否已经是统治者。
If a usurper were to seize power by force He would not become Khaleefah, even if He declared himself to be the Khaleefah of the Muslims. This is because the Muslims in this case would not have contracted the Khilafah to him. If He were to take the Bay’ah from the people by force and coercion He would not become Khaleefah even if the Bay’ah was given to him. This is because a Bay’ah that is taken by force and coercion is not considered valid and the Khilafah cannot be concluded by it. For it is a contract based on mutual consent and choice and cannot be concluded forcefully or by coercion. The Khilafah cannot therefore be concluded except by a Bay’ah of consent and choice. However, if the usurper managed to convince the people that it would be in the interest of the Muslims to give him their Bay’ah and that the implementation of the Shar’a rules obliges them to give the Bay’ah, and they were convinced of that and accepted it and then gave him the Bay’ah by consent and free choice, He would become Khaleefah from the moment that the Bay’ah was given to him by consent and choice. This is the case, even though in the first place He seized the authority by coercion and force. The condition is giving the Bay’ah and that it must be by mutual consent and free choice, regardless of whether the one who was given the Bay’ah was the ruler or not.