1 乌玛的宪章
1 The Ummah’s Charter
从语言和伊斯兰教法术语的角度来说,"ash-shart"(条款)的意思是"al-'Ahd"(盟约)。先知ﷺ说:
The word charter, linguistically and in the Sharee’ah terminology, means al-‘Ahd (the covenant). He(PBUH) said:
“除了那些投靠某个与你们之间有盟约(和约)(meethaaq)的群体的人。”[《妇女章》:90] 他(愿主赐福并使之平安)说:
“Except those who join a group, between you and whom there is a treaty (of peace) (meethaaq).” [An-Nisaa’: 90] And He (PBUH) said:
“如果他属于与你们有互助盟约(谜塞格)的一族,则必须向其家属支付赔偿(血金,Diyah)。”[《妇女章》:92] 而且他(PBUH)说:
“And if he belonged to a people with whom you have a treaty of mutual alliance (meethaaq), compensation (blood money - Diyah) must be paid to his family.’ [An- Nisaa: 92] And He (PBUH) said:
“难道他们没有被要求在《经典》上立约,不要关于真主说非真理的话吗?”[《高处》:169]并且他说:
“Was not the covenant (meethaaq) of the Book taken from them that they would not say about Allah anything but the truth?” [Al-A’raaf: 169] And He (PBUH) said:
“并且(你们应当追忆)当时安拉与众先知立下盟约(meethaaq),说:‘我赐予你们经典与智慧(即对安拉律法的理解等),之后将有一位使者(穆罕默德ﷺ)来到你们这里,印证你们所拥有的(经典),你们必须信仰他,并协助他。’” [Aali ‘Imran: 81]
“And (remember) when Allah took the Covenant (meethaaq) of the Prophets, saying: ‘Take whatever I gave you from the Book and Hikmah (understanding of the Laws of Allah, etc.), and afterwards there will come to you a Messenger (Muhammad (PBUH)) confirming what is with you; you must, then, believe in him and help him.’” [Aali ‘Imran: 81]
在我们这个时代,从技术层面讲,它指的是一套原则的集合,人们信奉这些原则,以此形成自己的人生观,并将其作为制定宪法和规则的根据。
In our time, technically, it refers to a collection of principles, in which the people believe, make their viewpoint in life and take as a source for their constitution and rules.
制定宪章的人民,是新近出现的人民,他们建立了一个国家,并开始了一种不同于以往的新生活;非洲各国以及每一个新近诞生、开始了有别于其过去生活的新生活的国家,都是如此。
The people, who adopt a charter, are the newly emergent people who have established a state and began a new life other that which they used to live; as is the case with the African states and with every state which was born recently and began a new life other than their former life.
当阿拉伯国家在第一次世界大战结束时从奥斯曼哈里发国的整体中分离出来后,每个成为国家的地区都试图制定一部宪章,并称之为国家宪章,例如伊拉克和叙利亚。至于此前的民族与国家,他们并未想到要编写宪章。这是因为在他们之中已经凝结出一种特定的政治信仰,以及一些特定的原则。他们将这些原则作为看待生活的观点,并作为其所遵循规则的来源,以取代宪法与典章;即使他们没有宪法或典章,这些原则依然如此。若他们拥有宪法与典章,则将这些原则作为该宪法与典章的来源。这些原则被保存下来,广为人知,并得到公认,无需将其写成文字,也无需被称为某个民族的宪章或国家宪章。所有非常古老的国家都是如此。
When the Arab countries were separated from the body of the ‘Uthmani Khilafah at the end of World War I, each region that had become a state tried to draw up a charter, which they called the national charter, as in Iraq and Syria for example. As for the previous peoples and nations, they did not think of writing a charter. This is because a specific political creed had crystallised in them, together with specific principles which they took as their viewpoint about life and as a source for the rules that they used, instead of a constitution and canons, in case if they did not have a constitution or canons. If they have a constitution and canons, they use these principles as a source for this constitution and canons. These principles are preserved, well known and agreed upon without any need for them to be written down, and without being called an Ummah’s charter or national charter. This is the case with all very old states.
伊斯兰乌玛是最古老的民族之一,她拥有一种政治信条,这是唯一真正的“阿奇黛”(’Aqeedah)。这一信条已深深植根于她的思想与“阿哈卡姆”(ahkaam)之中,她以此作为看待生活的观点,并将其视为规范国家及其余各种关系的法律来源,也就是人们所称的宪法与法典。这一切都记载于两大渊源之中,即《古兰经》(Kitaab)与《圣训》(Sunnah)。因此,乌玛不需要一部名为“乌玛宪章”的文件。她也不应当拥有一部国家宪章,因为《古兰经》与《圣训》要求她反对爱国主义与民族主义的纽带。
The Islamic Ummah is one of the most ancient of nations and she has a political creed, which is the only true ‘Aqeedah. It has been entrenched within her thoughts and ahkaam, which she made her viewpoint about life and took as a source of rules that organise the state and the rest of the relationships, or what they call constitution and canons. All of this has been recorded in two great sources, which are the Kitaab and Sunnah. Therefore, she is in no need for a charter called the Ummah’s charter. It is not right that she should have a national charter, because the Kitaab and Sunnah oblige her to fight against the patriotic and nationalistic bond.
然而,由于传教和文化入侵,穆斯林乌玛受到了西方思潮的影响,随后西方异教国家又对穆斯林土地发动了政治和军事攻击。
However, the Ummah was affected by the Western thoughts, due to the missionary and cultural invasion, followed by the political and military attack by the Kaafir Western states on the Muslim lands.
伊斯兰在国家与社会中的实施,自1924年哈里发国被摧毁之后,便与乌玛渐行渐远。《古兰经》与圣训在穆斯林的观念中失去了其政治与立法的层面。伊斯兰的信条不再是一种政治信仰。
The application of Islam in the state and society became far removed from the Ummah after the destruction of the Khilafah state in 1924, the Kitaab and Sunnah lost, in the minds of the Muslims, their political and legislative aspect. The Islamic ‘Aqeedah ceased to be a political creed.
由于这两件事,伊斯兰作为一种信仰(’Aqeedah)以及一套关于生活、国家和社会的制度体系的愿景被削弱了。
As a result of these two matters, the vision of Islam as an ‘Aqeedah and system for life, state and society weakened.
然而,这个古老的伊斯兰乌玛在经历了因远离伊斯兰而产生的剧烈苦难,以及西方及其思想、制度和代理人的统治之后,终于从沉睡中醒来。她是在西方露出了真面目之后醒来的:乌玛看清了西方思想与制度的腐朽,看清了社会主义和共产主义思想与制度的腐朽,也看清了民族主义和地域主义的腐朽。她已经认识到这些思潮对她本身以及对她作为一个乌玛的整体存在所构成的危险有多大。
However, this ancient Islamic Ummah woke up from her slumber,after the intense suffering caused by her remoteness from Islam and the domination of the West, its thoughts, systems and agents. She woke up after the West showed its true face and the Ummah perceived the corruption of the Western thoughts and systems, the corruption of the socialist and communist thoughts and systems and also the corruption of nationalism and regionalism. She has understood the extent of their danger to her and to her entity as an Ummah.
所以,她重新回到伊斯兰教,希望在其中找到解决问题的方案。伊斯兰成为她获得救赎、摆脱苦难与磨难的希望。她开始将伊斯兰的阿qeedah(信仰)视为一种政治信条,并认为《古兰经》与圣训包含了一套关于生活、国家与社会的完整体系,而且两者都具有政治和立法的层面。她们意识到,除非回归《古兰经》与圣训并加以落实,否则她无法得到拯救或解脱。
So, she has returned to Islam to discover in it the solution to her problems. Islam became her hope for salvation and for saving her from her sufferings and hardships. She has begun to view the Islamic Aqeedah as a political creed, and that the Kitaab and Sunnah contain a complete system for life, state and society and they both have a political and legislative aspect. They have come to realise that she cannot be saved or rescued unless she returns to the Kitaab and Sunnah and implements them.
因此,当乌玛感到有必要改变现存社会,并信奉《古兰经》和圣训时,自然会将这部《古兰经》和圣训作为乌玛的宪章,并作为宪法与律法的渊源。然而,以《古兰经》和圣训作为乌玛的宪章,必须以宏观指导原则的形式加以表达,其中体现出包含实施方式的思想,使《古兰经》和圣训能够被视为宪章。它应当包括一项研究,探讨如何正确界定《古兰经》和圣训的含义,以保证正确的方向。它必须说明如何理解《古兰经》和圣训,以及它们如何成为宪法与律法的渊源。有必要阐明以这两项渊源为基础的国家的身份,以便将其付诸实施。因此,必须将《古兰经》和圣训作为宪章来采纳,并以宏观指导原则的形式加以具体化,以反映采纳该宪章的实际图景。正是从这一视角出发,产生了这部宪章的构想。
Therefore, it is natural, when the Ummah feels the need to change the current society and believes in the Kitaab and Sunnah, that it would take this Kitaab and Sunnah as the charter for the Ummah and as the source for the constitution and canons. However, adopting the Kitaab and Sunnah as a charter for the Ummah, must be expressed in the form of broad guidelines, in which thoughts are manifested that contain the manner of implementation, so that the Kitaab and Sunnah can be taken as a charter. It should include a study on how to correctly define what the Kitaab and Sunnah mean, in order to guarantee the right course. It must show how to comprehend the Kitaab and Sunnah and how they will be a source of constitution and canons. It is necessary to explain the identity of the state that will be based on the two sources, in order to execute them. Thus, one must adopt the Kitaab and Sunnah as a charter, which is crystallised in the form of broad guidelines that reflect the practical image of the adoption of the charter. It is from this perspective that the idea of this charter has come.
这些大原则,是在以《古兰经》和《逊奈》作为乌玛的宪章的过程中逐步确立下来的。
These are the broad lines, which have been crystallised in taking the Kitaab and Sunnah as a charter for the Ummah.