9.1 军队的划分
9.1 The divisions of the army
军队分为两部分:
The army is divided into two parts:
1) 后备力量:他们由所有能够承担军事任务的穆斯林组成。
1) The Reserves: They consist of all the Muslims who are able to perform the military tasks.
2)正规军:他们是武装部队中的常设征募兵,和其他雇员一样,从国库领取薪饷。
2) The Regulars: They are permanent conscripts in the armed forces who receive salaries from the State’s funds just like any other employees.
这一义务源于圣战(Jihad)的义务,因为每一位穆斯林都受命履行其圣战的职责,并有义务为此进行训练。因此,所有穆斯林都构成后备军(预备役)。至于将其中一部分人编入军队,这是基于一条沙里亚原则,即:“完成某项义务所必需之事,本身亦是义务。”这是因为圣战的义务无法持续不断地履行,伊斯兰和穆斯林也无法在没有常备军存在的情况下免受异教徒(Kuffar)的侵害。因此,伊玛目有义务为自己配备一支正规军。
This is derived from the obligation of Jihad, for verily every Muslim is commanded to perform his duty of Jihad, and obliged to train for it. Therefore all the Muslims represent the (army) reserves. As for making part of them into the army, this is based on the Shar’ai principle that states: “That which is necessary to accomplish a duty is itself a duty”. This is because the duty of Jihad cannot be constantly carried out and Islam and Muslims cannot be protected from the Kuffar, except with the presence of a permanent army. The Imam is, therefore, obliged to have a regular army at his disposal.
关于武装部队的薪俸分配,它与其他雇员一样,这一点是显而易见的。非穆斯林并不被要求参加圣战,但如果他参加了,那么他的行为是可以接受的,因此可以向他支付报酬,并为他拨付经费。这是根据At-Tirmithi引述Az-Zuhri的说法:先知穆罕默德ﷺ曾为一些与他并肩作战的犹太人分配了份额。此外,Ibn Hisham引述道:Safwan bin Umayya在仍是多神教徒时,跟随先知穆罕默德ﷺ出征至Hunain,于是先知ﷺ像对待Mu'allafati Qulubuhum(新入教者)那样,从Hunain的战利品中分给他。在Ibn Hisham的《圣训传记》中还有这样一段记载:“我们中间有一个陌生的人,没有人知道他是谁,据说他是Kuzman。当有人向先知穆罕默德ﷺ提到他的名字时,先知ﷺ说,”
As for the allocation of salaries for the armed forces, it is just like other employees, which is evident. A non-Muslim is not required to perform Jihad, but if He did it would be acceptable from him, then it would be permitted to pay Him for it and to allocate funds for him. This is due to what At-Tirmithi narrated from Az-Zuhri that the Messenger of Allah (pbuh) allocated shares to some of the Jews who fought with him. Also Ibn Hisham narrated that Safwan bin Umayya went on an expedition with the Messenger of Allah (pbuh) to Hunain whilst He was still a mushrik, so the Prophet (pbuh) gave to Him like He gave to the Mu’allafati Qulubuhum (new Muslims) from the spoils of Hunain. It was also narrated in the Seerah of Ibn Hisham; “There was amongst us a strange man, nobody knew who He was, it is said that He was Kuzman. The Messenger of Allah (pbuh) said when his name was mentioned to him,
“他确实是火狱的居民。”他说道,
‘Indeed He is of the people of fire.’ He said,
"在乌侯德之日,库兹曼奋战得如此英勇,以至于他一人就杀死了七到八名多神教徒……"这与关于萨夫旺的记载相辅相成。这些证据表明,异教徒可以随伊斯兰军队作战,并因其服务而获得财产或金钱。"雇佣"(Ijara)的定义是对某种利益的契约,因此,只要雇主能从受雇者那里获得某种利益,雇佣便是允许的。所以,雇佣人员参军作战是允许的,因为这属于一种利益。因此,关于雇佣任何利益的一般性证据,足以允许雇佣异教徒参军或作战。这是针对非穆斯林而言的。 至于穆斯林,尽管圣战是一种崇拜行为,但仍然允许雇佣穆斯林参军作战,这依据的是雇佣的一般性证据:如果某项崇拜的利益惠及实施者以外的人,则允许为其雇佣。这源于先知ﷺ的话:"最应当收取报酬的事情是教授《古兰经》。"[布哈里根据伊本·阿拔斯的传述所载]教授安拉的经典是一种崇拜,既然允许雇佣穆斯林教授《古兰经》、领拜或宣礼,而这些都是崇拜行为,那么雇佣穆斯林参加圣战并入伍,同样是允许的。 此外,还有证据表明可以雇佣穆斯林从事圣战,即便圣战对他们而言是一项义务。艾布·达乌德传述,阿卜杜拉·本·欧麦尔说,先知ﷺ说:"出征者有他自己的回赏,出资者有他自己的回赏,以及出征者的回赏。"出征者(Al-Ghazi)是为自己而战的人。出资者(Al-Ja'il)是指有他人代替自己作战,并向其支付报酬的人。在《大辞典》(Al-Muheet)中说明,"Al-Ja'ala"是给予做某件事之人的报酬,而如果有人为你代替出征,并付给报酬,那么这笔报酬就归属于代战的圣战者(Ghazi)。 “Ajr”既是工资(Ujrah),也是回报(Thawab)。至于人们普遍认为,“Ajr”总是指真主(SWT)因仆人的善行而赐予他的回报,而“Ijara”则是一人对另一人为某项工作所付的报酬,其中包括“Ajeer”即雇工或劳力,这种区分实际上并无依据。相反,语言所表明的是,Ajr即是对某一行为的报酬,就如同Ijara一样。辞书《Al-Muheet》中记载,Al-’ajr即是对行为的报酬,如同Ijara。这段圣训的含义是:Al-Ghazi(出征者)有他自己的回报,Ja’il(出资者)有他自己的回报,以及他所雇去替他出征者的回报。这里的“Ghazi”(出征者)一词表明,Ajr在此指的是回报(Thawab),而“Al-Ja’il”一词也表明Ajr同样指回报(Thawab),因为这两个词(Ghazi和Ja’il)都是决定其预期含义的语境线索(Qareena)。Al-Bayhaqi引述Jubayr bin Nufayr的传述,他说:“安拉的使者ﷺ说道,”
‘At the day of Uhud, Kuzman fought so strongly that He alone killed seven to eight of the mushrikeen…’” This is in addition to what was reported about Safwan. These evidences indicate that a Kafir can be with the Islamic army and be given property or money for his service. The definition of ‘Ijara’ or hiring as being a contract over a benefit means that hiring is allowed for every benefit that the hiring person can receive from the hired person. So the hiring of a person for the army and fighting is allowed because it is a benefit. Thus, the general evidence of hiring over any benefit or benefits is valid for allowing hiring of a Kafir for the Army, or for fighting. This is with regards to non-Muslims. As for the Muslims, even though Jihad is an act of worship, it is allowed to hire Muslims for the army and to fight because of the general evidence of hiring where hiring is allowed for carrying out the Ibadah if its benefit extends to more than the one who carries it out. This is due to the saying of the Prophet (pbuh); “The most worthy thing to take a wage on is teaching the Book of Allah.” [Narrated by Bukhari on the authority of Ibn Abbaas] Teaching the book of Allah is a worship and since it is allowed to hire a Muslim to teach the Qur’an, lead the prayer, or give Azaan, which are all acts of worship, it is also allowed to hire a Muslim to do Jihad and be in the army. Moreover, there is evidence for the hiring of Muslims for Jihad even though it is a duty upon them. Abu Dawood narrated that ‘Abdullah bin ‘Umar said that the Prophet (pbuh) said; “Al-Ghazi has his own Ajr and Al-Ja’il has his own Ajr and the Ajr of the Al-Ghazi.” Al-Ghazi is a person who fights for him. Al-Ja’il is the one who has someone else to fight on his behalf in return for a wage He pays to him. It is indicated in the dictionary of Al-Muheet, that Al-Ja’ala is the amount given to someone doing an action and what is assigned to a Mujahid (Ghazi) if He made Jihad on your behalf with a wage. Ajr is both the wage (Ujrah) and reward (Thawab). As for what is well known among people that ‘Ajr always means the reward which comes from Allah (swt) to His servant for doing a good deed and that ‘Ijara’ is the reward for an action from one person to another which includes ‘Ajeer’ or labour. In fact, there is no support for this differentiation. Rather what the language indicated is that the Ajr is the reward for an action. It came in the dictionary Al-Muheet that Al-’ajr is the reward on the action, like the Ijara. The meaning of the Hadith is that Al-Ghazi (fighter) has his own reward while the Ja’il has his own reward and the reward of the one whom He hired to fight on his behalf. Here the word Ghazi, (the fighter) indicates that what is meant by Ajr is reward (Thawab), and the word Al-Ja’il indicates that Ajr means reward (Thawab) as well, because these two words (Ghazi and Ja’il) are both the indication (Qareena) that decides the intended meaning. Al-Bayhaqi narrated on the authority of Jubayr bin Nufayr who said; “The Messenger (pbuh) said,
“我的乌玛中那些为了获取报酬而参战、并增强自身力量以对抗敌人的人,就如同穆萨的母亲,她哺乳了自己的儿子,并得到了她的回报(Ajr)。”这里的 Ajr 指的是报酬。此外,圣战并不仅限于那些寻求亲近真主(SWT)者(Ahl-ul-Qurba),因此雇用他人从事圣战并像支付其他雇员那样付给薪酬,是恰当的。
‘Those of my Ummah who fight and take wages, and strengthen themselves against their enemy are like the mother of Musa who breastfed her son and got her reward (Ajr).’” Ajr here means the wage. Furthermore, performing Jihad is not limited to those who seek nearness to Allah (swt) (Ahl-ul-Qurba), so it is proper to employ people to do Jihad, and pay them salaries like other employees.
武装部队是一个统一的实体,即军队。从军队中挑选出经过专门组织、并被赋予特定文化的特殊部门,它们被称为警察部队。
The armed forces are one entity that is the army. Special divisions that are specially organised and given a particular culture are selected from amongst the army, and they are called the police force.
已证实,安拉的使者(愿主福安之)以军队作为其武装力量,并且他(愿主福安之)选定了一个分支或一个师来履行警察的职责。因此,他(愿主福安之)组建了军队,亲自统率,并任命艾米尔(统帅)负责指挥军队。布哈里从艾奈斯处传述,他说:“盖斯·伊本·萨阿德对于安拉的使者(愿主福安之)而言,就如同艾米尔身边的沙尔塔(警察)之人。”这指的是萨阿德·伊本·欧拜德·安萨里·库兹拉吉。提尔米兹传述的圣训为:“盖斯·伊本·萨阿德对于安拉的使者(愿主福安之)而言,就如同艾米尔身边的沙尔塔(警察)之人。”安萨里说:“这意味着他负责处理艾米尔的事务。”伊本·哈yan对这段圣训作了解释,他说:“这是使者(愿主福安之)为防备多神教徒进入其宫廷而采取的一项防范措施。”沙尔塔(警察)也是指走在军队前面的那一部分。阿兹哈里说:“某事物的沙尔塔是其中最优秀的部分,而沙尔塔是军队中的精锐。也有人说,他们是走在军队前面的一群人,因为他们有显著的标志和所穿的制服,所以被称为沙尔塔。”阿萨姆仪选择了这一说法。所有这些都证明,警察是武装力量的一部分,哈里发有权任命警察总长,正如任命军队统帅一样,而且警察是军队的一部分。至于警察应当隶属于军队,还是独立于军队,这一问题由哈里发决定。然而,从这段圣训可以理解,警察总长被任命来处理到达伊玛目那里的事务,类似于统治者的职能。他负责组建一支武装力量,随时准备执行伊玛目或统治者在需要执行的任何事务上的命令,并防范任何可能影响或危害伊玛目安全的危险。 从语言上也可以理解:Shurta(警察)是军队的一个分支,有自己的标志,并且走在军队前面。至于走在军队前面的Shurta,被称为宪兵,这无疑是军队的一部分。至于听命于统治者的警察,并没有迹象表明他们必须隶属于军队,因为他们的职能是听命于统治者。然而,也有其他迹象表明他们是国家武装力量的一部分。因此,哈里发可以让其隶属于军队,也可以使其成为独立于军队的一支力量。 尽管如此,由于武装力量在哈里发的任命、与哈里发的联系以及接受命令方面被视为一个整体,将其划分为军队和警察两部分,会因警察长期忙于统治者的日常事务而削弱他们获取同样武器和军事装备的能力。因此,武装力量作为一个整体更好,这样所有武装力量获取同样武器的途径都能保持畅通,并且都遵循关于准备圣战的同样规定。因此,武装力量就是军队,从中可以挑选一些单位执行警务任务,同时仍然隶属于军队。过一段时间后,再由其他单位替换这些单位。这样可以确保所有武装力量进行圣战的能力始终保持一致并随时待命。
It is confirmed that the Messenger of Allah (pbuh) used the army as his armed forces, and He (pbuh) selected a section or a division to perform the duties of the police. So He (pbuh) prepared the army, led it and also appointed Ameer to be in the command of the army. Al-Bukhari narrated from Anas that He said; “Qays Ibnu Sa’d used to be to the Messenger of Allah (pbuh) like the man of Shurta (police) to the Ameer.” This refers to Sa’d Ibnu Ubadah Al-Ansari Al-Khazraji. Al-Tirmithi narrated the Hadith as; “Qays Ibnu Sa’d was to the Messenger of Allah (pbuh) like the man of Shurta (police) to the Ameer.” Al-Ansari said; “It means that He takes charge of the affairs of the Ameer.’’ Ibnu Hayyan interpreted this Hadith by saying; “This was a precaution from the Messenger (pbuh) against the Mushrikeen in case they entered his court.” The Shurta (police) is also that which comes ahead of the army. Al-Azhari said; “The Shurta of something would be the best part of it, and the Shurta are the elite of the army. It is also said that they are the group who come ahead of the army, and they were called the Shurta because of the distinctive signs they had and the uniforms they wore.” This meaning is chosen by Al-Asm’i. All this serves as evidence that the Shurta (Police) are part of the armed forces, and that it is the Khaleefah who appoints the chief of police as He appoints the Ameer of the army, and that the Shurta (police) is part of the army. Whether the police are to be a part of the army, or to be left independent from it is a matter left to the Khaleefah to decide. It is, however, understood from the Hadith that the chief of police is appointed to deal with that which comes to the Imam, similar to that of the ruler. He would be in charge of forming an armed force, ready to execute the orders of the Imam or the ruler in whatever matter they need to be executed and to prevent any danger that may affect or undermine the safety of the Imam. It is understood linguistically as well, that the Shurta (police) is an army division with its own emblem that comes ahead of the army. As for the Shurta that comes ahead of the army, it is known as the military police, this is undoubtedly part of the army. As for the police, which is at the disposal of the ruler, there is no indication they must form part of the army as their function is to be at the disposal of the ruler. However, there are other indications that they are part of the armed forces of the State. Therefore, the Khaleefah is allowed to make it part of the army or a force separate from it. Nevertheless, since the armed forces were considered as a single entity in terms of their appointment by the Khaleefah, their link with Him and in the receiving of their orders, then dividing them into an army and a police force would weaken their access to the same weaponry and military equipment by keeping the police constantly preoccupied with the ordinary issues facing the ruler. Therefore, it would be better for the armed forces to be a single entity so that access to the same weaponry remains strong for all the armed forces, by following the same regulations regarding the preparation for Jihad. Therefore, the armed forces are the army from which some units would be selected to perform the task of policing, whilst remaining part of the army. Other units would then replace these units after a while. This would ensure that the ability of all the armed forces to perform Jihad remains the same and ready at all times.
警察(Shurta)的职责是维持秩序、监督内部安全,并执行一切行政事务。这依据前面提到的阿奈斯圣训,其中说到先知(愿主福安之)曾将盖斯·本·萨阿德带到他面前,此人时任警察首领。这表明,警察通常在统治者之下工作,即执行统治者所要求的事务,例如实施伊斯兰教法、维护秩序、提供安全保障,以及在夜间巡逻,驱赶盗贼,逮捕社会中的腐败分子和心怀恶意之人。阿卜杜拉·本·麦斯欧德在艾布·伯克尔时期曾担任夜间巡逻的长官。欧麦尔·本·赫塔布亲自进行夜间巡逻,身边有他的仆人相伴,有时还有阿卜杜勒·拉赫曼·本·奥夫同行。 因此,某些伊斯兰国家中人们必须为自家住宅和商店聘请守卫在夜间看守,或者国家将守卫费用摊派给民众,这种做法是错误的。因为夜间巡逻原本就是国家的责任和警察的职能,民众不应自行承担这项工作,也不应承担其费用。
The Shurta are charged to keep order, supervise internal security and carry out all executive matters. This is due to the Hadith of Anas mentioned before saying that the Messenger (pbuh) had taken Qays bin Sa’d before Him in his capacity as the leader of the police. This indicates that the Shurta or the Police usually work before the ruler i.e., they carry out or implement what the ruler requires, e.g., implementing Shari’ah, maintaining order, providing security, carrying out patrols at night to chase away thieves, arrest corrupt people and those with evil intentions in society. ‘Abdullah bin Mas’ood used to be the Ameer of the patrols by night at the time of Abu Bakr. ‘Umar bin al-Khattab used to carry night patrols by himself, and He used to have in his company his servant and sometimes ‘Abdul Rahman bin ‘Awf. Therefore, what is done in some Islamic countries where people have to appoint guards for their homes and shops to guard them at night, or when the State appoints guards at the cost of the people is wrong. This is because it is basically night patrol that is the duty of the State and the function of the police, so the people should not take charge of that nor bear its expenses.
伊斯兰军队是一支军队,由许多分支部队组成。这些分支部队可以按序号命名,如第一、第二等,也可以以省份或地区的名称来命名,例如沙姆军、埃及军或萨那军。
The Islamic army is one army, consisting of many contingents which can be given numbers such as the first, second etc, or they can be named after the name of provinces or the districts, for example the army of Ash-Sham, the army of Egypt or the army of Sana’a.
伊斯兰军队驻扎在专门的营地中,每个营地都驻有一支部队,可以是一个完整的单位、单位的一部分,或是多个单位。这些营地必须设在所有省份,其中一些还必须设在军事基地内。其中有些是流动营地,会不断移动,并且是规模庞大的部队。每个营地都有一个名称,例如哈巴尼亚营地,并且每个营地都有一面专属的旗帜。
The Islamic army is stationed in special camps, and in every camp there is placed a group of soldiers in one complete unit or part of a unit, or many units. These camps have to be put in all provinces and some of them have to be put in military bases. Some of them would be mobile camps that would be in constant movement and would be massive forces. A name is given to each of these camps like the camp of Habbaniyah and for each camp there is a special banner.
这些安排可能属于“mubah”(允许的事务),例如以各个Wilayaat(行省)的名称为军队命名,或为其编定特定番号,因此这些事情交由哈里发的意见和他的ijtihad(独立判断)来决定。也可能存在为保卫国家和加强军队所必需的事务,例如将军队驻扎在营地中,在所有Wilayaat设立其中一些营地,并将其安置于战略要地以保卫国家。
These arrangements may be of the Mubah such as naming the armies after the names of the Wilayaat or giving them special numbers, so it is left to the opinion of the Khaleefah and his Ijtihad. There may also be matters that are necessary to protect the country and to strengthen the army such as placing the armies in camps, putting some of these camps in all the Wilayaat and placing them in strategic places to protect the country.
‘Umar bin Al-Khattab 将军营分设于各个省(Wilayaat),使巴勒斯坦成为一个军区,摩苏尔也成为一个军区。他在国家的中心保留一支部队,并随时准备一支部队,以便在接到通知后立即投入战斗。
‘Umar bin Al-Khattab distributed the camps of the army over all the Wilayaat so He made Palestine as one unit and Al-Mosul as one unit. He used to keep one army unit in the centre of the State and He used to keep one army unit ready to fight at a moment’s notice.