46. "法规"（Qanun）是一个专业术语，指统治者颁布的供民众遵行的法令。有人将其定义为"统治者强制民众在其相互关系中遵守的一系列原则"。每个政府的基本大法称为"宪法"（Dustur），而基本大法之外的法律则称为"法规"（Qanun）。"宪法"一词的定义为："规定国家的形态与统治制度，并说明其中每一权力的限度与职能的法规"，或"组织公共权力即政府，界定其与臣民之间的关系，并规定国家对臣民的权利与义务、以及臣民对国家的权利与义务的法规。"这就是"宪法"与"法规"二词的含义。宪法与法规是统治者的命令，而穆斯林则受安拉（SWTH）的命令与禁令所约束。因此，他们受《古兰经》与圣训的约束；统治者本人同样受安拉的命令与禁令，即《古兰经》与圣训的约束。据此，穆斯林并不需要宪法和法规，因为伊斯兰教法的条文已经明确了他们在相互关系中所应遵循的原则、国家的结构、统治制度以及每一权力机构的职责。他们的宪法和法规就是伊斯兰教法的条文，即出自立法者的言语。因此他们只遵循这一点；他们的相互关系以及其余的行为举止，无论在国家还是社会中，都依此进行。正因如此，从正统哈里发时代直至伊斯兰哈里发制度覆灭，伊斯兰国家都没有宪法或法规。直到奥斯曼帝国末期，异教徒国家控制了伊斯兰国家的最后阶段，迫使他们制定法律，继而颁布宪法，情况才有所改变。

46. Canon is a technical term that means the decree issued by the ruler for people to act upon. It has been defined as “a host of principles which the ruler obliges the people to act upon in their relationships”. The basic law for every government is called a constitution, whereas laws other than the basic law are called canons. The term constitution has been defined as “the canon which outlines the shape of the state and its ruling system, and explains the limits and functions of every authority vested in it, or the canon which organizes public authority, i.e. the government, defines its relationship with its subjects, and assigns both the State’s rights and duties towards the subjects and the subject’s rights and duties towards the State.” This is the meaning of the words of constitution and canon. The constitution and canon are the order of the ruler, and the Muslims are restricted by the orders and prohibitions of Allah (SWTH) Thus, they are restricted by the Kitaab and Sunnah; the ruler himself is restricted by the orders and prohibition of Allah, i.e. the Kitaab and Sunnah. Accordingly, Muslims do not need a constitution and canons, since the Sharee’ah rules have clarified the principles that they are obliged to adopt in their relationships, the structure of the state, the ruling system and the responsibility of each authority. Their constitution and canons are Sharee’ah rules, i.e. they are from the speech of the Legislator. So they adhere only to this; according to this their relationships and the rest of their actions and behaviour proceed, whether in the state or society. That is why the Islamic state, since the time of the righteous Khulafaa’, until the destruction of the Islamic Khilafah, did not have a constitution or canons. This was the case until the Kaafir states came to control the last period of the Islamic state towards the end of the Ottomans, whereby they forced them to pass laws and then enact a constitution.

47. 安拉(SWT)命令人们服从统治者，并执行其命令。祂(SWT)说：

47. Allah (SWTJ) has commanded the obedience to the ruler and execution of his orders. He (SWTH) said:

“信道的人们啊！你们当服从真主，服从使者，以及你们中掌权的人。”[《妇女章》：59] 他（SWTH）说：

“O you who believe! Obey Allah and obey the Messenger (Muhammad (PBUH)), and those of you (Muslims) who are in authority.” [An-Nisa: 59] He (SWTH) said:

“凡服从埃米尔的，便是服从了我；凡违抗埃米尔的，便是违抗了我。”然而，对统治者的服从仅限于他依据自己的见解和伊扎德（Ijtihaad，独立判断）所能做出的行为，而并非任何行为。他不能以安拉命令服从他为借口，允许一件哈拉姆（Haraam，非法之事），或禁止一件哈拉勒（Halaal，合法之事）。相反，他的职责是在民众中执行沙里亚（Sharee'ah，伊斯兰教法）的律例。因此，服从只限于沙里亚。安拉（SWTH）赋予他依据自己的见解和伊扎德执行律例的职责，所以在这些事务上服从他是必须的。超出此范围的，服从只属于安拉和祂的使者（PBUH），而非统治者。统治者只是在执行安拉的律法。然而，

“Whosoever obeys the Ameer has obeyed me and whosever disobeyed the Ameer has disobeyed me.” However, obedience to the ruler is restricted to what action he is allowed to undertake according to his own opinion and Ijtihaad and not just any action. He cannot permit a Haraam and nor prohibit a Halaal under the pretext that Allah has commanded that he be obeyed. Rather his responsibility is to implement the rules of the Sharee’ah on the people. Thus, obedience is only for the Sharee’ah. Allah (SWTH) has given him the responsibility to implement the rules according to his opinion and Ijtihaad, so it is obligatory to obey him in these things. Anything beyond that, the obedience is only to Allah and His Messenger(PBUH), not to the ruler. The ruler only implements the law of Allah. However,

圣门弟子（Sahaabah）在伊斯兰教法的具体规定上存在分歧，穆占塔希德们（mujtahidoon）也是如此。有人从伊斯兰教法的经文中理解出某种含义。

the Sahaabah differed regarding the Sharee’ah rules and so did the mujtahidoon. Some understood something from the Sharee’ah text,

由于每个人理解不同，因此对伊斯兰教法的各项规定也就产生了不同的理解。为此，立法者赋予哈里发在这些观点中采纳任何一种并强制民众遵行的权利，民众也有义务在这方面服从他。圣门弟子们已经达成共识（伊吉玛尔）：哈里发有权采纳各项律例；一旦他采纳了某项律例，民众便有义务服从，该律例也就成为安拉对所有穆斯林的律例。哈里发所采纳律例的服从是必须的，他也有权要求民众遵守特定的律例，这是正确的，但这种遵行并非因为它是哈里发的命令，而是因为它是安拉的命令。哈里发所做的，只是从对伊斯兰教法经文的各种不同理解中选定一种特定的理解，因此行动是依照伊斯兰教法的规定而进行的，而不是依照哈里发的命令。

which was different from what the other understood, hence there were different understandings of the Sharee’ah rules. For this reason the Legislator has given the Khaleefah the right to adopt any one of these opinions and oblige the people to act upon it; and they are obliged to obey him in this regard. The Sahaabah have made Ijmaa’ (consensus) that the Khaleefah has the right to adopt rules; once he has adopted a hukm the people are obliged to obey him and that rule becomes the hukm of Allah for all Muslims. It is correct that obedience to the Khaleefah in the rules he adopts is obligatory and that he has the right to make the people adhere to specific rules, but this is not undertaken because it is the order of the Khaleefah, rather because it is an order from Allah. All that the Khaleefah has done is that he selected a specific understanding from the different understandings of the Sharee’ah text, so action is carried out according to the Sharee’ah rules and not the order of the Khaleefah.

这一点可以从以下事实得到证明:如果哈里发下令做与伊斯兰教法相违背的事,那么服从他并非义务,反而是被禁止的。因此,拥护哈里发并不是服从他个人的命令,而是服从真主在其所命之事上的命令。所以,这是执行真主的命令,而非哈里发的命令。因此,统治者不能强迫人们遵循他为他们制定的某些原则,除非存在一种情况:真主(SWTH)依据统治者自己的见解和伊杰提哈德,赋予了他这样做的权利。

This is evidenced by the fact that if the Khaleefah orders with other than the Sharee’ah rule, then it is not obligatory to obey him. Rather it is forbidden to obey him. Thus, adherence to the adoption of the Khaleefah is not obedience to his own orders, but rather it is obedience to Allah in what He (SWTH) has ordered. Thus, it is an execution of the order of Allah and not the order of the Khaleefah. Hence the ruler cannot force people to follow certain principles he has laid down for them except in one situation, where Allah (SWTH) has given him the right to do this according to his own opinion and Ijtihaad.

48. 穆斯林不需要宪法和法规，这意味着他们不需要人定的规则，也不需要统治者下令民众遵守的条文，因为沙里亚（Sharee'ah）已经涵盖了一切。他（SWTH）说：

48. The fact that Muslims do not need a constitution and canons means they do not need rules enacted by human beings, which the ruler ordered people to adhere to, since the Sharee’ah has already brought everything. He (SWTH )said:

“我已将这部经典（《古兰经》）降示于你，作为万事的明示。”[《蜜蜂章》：89] 因此，人类无需另立宪法和条例。然而，立法者（真主）将从各种见解中采纳某些规则的权力，托付给了哈里发。

“And We have sent down to you the Book (the Qur’an) as an exposition of everything.” [An-Nahl: 89] So there is no need for human beings to lay down a constitution and canons. However, the Shar’ entrusted the Khaleefah with adopting certain rules from amongst the opinions,

……从而使哈里发有权制定宪法和法律，并强制民众遵守。因此，穆斯林可以拥有宪法和法规，这些宪法和法规取自沙里尔法的规定，以及哈里发根据自己的伊ṣ提哈德和见解可以采取行动的事务。

which the Mujtahideen differed in, and gave him the right to oblige the people with some of his specific opinions, but just in aspects where he was given the right to conduct according to his opinion and Ijtihad, such as the issue of army leadership and the Bait ul- maal’s revenues and expenses and the like. Due to all of this, the Khaleefah is given the power to enact a constitution and laws and to oblige the people to follow them. Therefore, it is allowed for the Muslims to have a constitution and canons, which are adopted from the Sharee’ah rules and the matters in which the Khaleefah has been given a right to undertake according to his own Ijtihaad and opinion.

关于规则的采纳，需要加以考察：如果哈里发若不采纳某项规则便无法履行其职责；或者国家的统一、权力的统一、乌玛与土地的统一无法实现或维护，除非采纳某种见解，那么在这两种情形下，依据伊斯兰教法原则——"不可或缺而使某项义务得以完成的事物，本身也是义务"（maa laa yatimmul waajib illa bihi fahuwa waajib）——采纳便成为哈里发的义务。至于其他情形，采纳是允许的，但并非义务。 对于授权哈里发依其自身见解和伊杰提哈德（ijtihaad）处理的事务，如果他能够在行动需要执行时就该行动提出自己的见解，且无须事先为其规定具体的执行方式，那么他可以选择明确某一具体见解以执行该行动，也可以不这样做；换言之，他可以颁布法令，也可以不颁布。然而，如果该行动只有通过研究和拟定具体的执行方式才能实施，若缺少这些方式则行动无法执行，并将导致混乱，那么颁布法令便是义务，而置之不理则是哈拉姆（haraam）。因此，对于具体法律的颁布，民众有义务遵守其中一部分，也可以选择遵守另一部分。 至于将所有这些义务性与允许性的规则汇编于一部宪法和一部法典之中，这是允许的，而非义务。因此，为穆斯林制定宪法与法典是被允许的。但是，它们必须源自教法规定（ahkaam shar'iyyah），并且属于哈里发依其见解和伊杰提哈德有权处理的范围。

As regards the adoption of the rules, this needs to be looked into: if the Khaleefah is unable to undertake his responsibility without adopting a certain rule; or the unity of the state, unity of the authority, or the unity of the Ummah and land cannot be achieved or protected, except through adoption of a certain opinion, then adoption in this two situations will be obligatory on the Khaleefah in accordance with the Sharee’ah principle: That which is necessary to fulfill a waajib is itself a waajib (maa laa yatimmul waajib illa bihi fahuwa waajib) As for other than these two situations, then adoption is allowed, but not obligatory. As for the matters in which he has been given the right to undertake according to his own opinion and ijtihaad, if he could give his opinion regarding the action when it is needed for execution, and there is no necessity to assign ahead a specific style for it, then in this case he is allowed to either clarify a specific opinion for executing the action or not. In other words, he is allowed to either enact a canon or not. However, if the execution of the action is only possible through enacting studied and thought of styles, such that the execution of the action would not be possible and disorder would occur without it, then it is obligatory to enact canons and it is Haraam to ignore that. Therefore, regarding enacting specific laws, people are obliged to follow some of them and they are allowed to follow some other. As regards the compiling of all these obligatory and allowed rules in one constitution and one canon, it is allowed and not obligatory. Thus, enacting a constitution and canons for Muslims is allowed. However, they must be from the ahkaam shar’iyyah and from what the khaleefah was given the right to undertake according to his opinion and ijtihaad.

49. 采纳沙里尔法规会抑制学术研究与创新，也不利于推动伊智提哈德。原因在于，人们将被迫遵循所采纳的规定，因为他们无法依照其他任何意见行事。裁决之所以被推导出来，是为了付诸实践，而不仅仅是为了获取知识。既然无法依照某种意见行事，那么穆智台希德便不会觉得有必要去推导它，因为单纯的知识本身并不能像行动的动机那样激发伊智提哈德。因此，采纳会抑制研究与创新，也无法鼓励伊智提哈德。这正是正统哈里发所采纳的规定寥寥无几、极为罕见的原因。这也是为什么当伊本·穆盖法提出要求为法官制定人们必须遵守的具体规则时，伊玛目马立克劝哈里发艾布·贾法尔·曼苏尔不要采纳他的著作《穆宛塔》，而应让民众依自己认为正确的意见行事。当艾布·贾法尔·曼苏尔提议采纳这部著作时，他便如此进言。马立克拒绝这样做，因为让人们依据自己的意见行事，能够促进创新、鼓励伊智提哈德，进而使学术和立法的财富不断增长。这能磨砺才智，在乌玛中培养出有创造力的人才和穆智台希德。因此，在颁布法典与宪法时，必须尽量限制所采纳的规定。

49. The adoption of Sharee’ah rules stifles study and creativity and does not promote Ijtihaad. This is because the people would then be obliged to follow the adopted rule, since they cannot act upon any other opinion. The ruling is deduced so as to be acted upon and not just for the sake of knowledge. Since one cannot act upon such an opinion then the mujtahid will not see any need to derive it, because the mere knowledge of something does not motivate for Ijtihaad in the way that the motivation for action does. Hence, adoption stifles research and creativity and does not encourage Ijtihaad. That is why the rules adopted by the Righteous Khulafaa’ were few in number and very rare. This is also why Imam Malik advised the Khaleefah Abu Ja’far al-Mansoor not to adopt his book Al-Muwatta` and to leave the matter to the people to follow what they deemed was right. He said this when Abu Ja’far al-Mansoor proposed to adopt his book after Ibn Muqaffa’ pressed him to adopt specific rules for the judges, which the people would be obliged to adhere to. Imam Malik refused to do that because leaving the people to act upon their own opinions promotes creativity, encourages ijtihaad and consequently the intellectual and legislative wealth grows. It sharpens the intellect and produces creative people and mujtahideen in the Ummah. Therefore, one must attempt to limit the adopted rules when the canons and constitution are enacted.