10. 我们需要一个新的学派或教法学派吗?
10. Do We Need a New School or Madhab?
有人宣称必须固守某一位伊玛目或某一个教法学派,这是完全错误的,因为我们被命令遵循伊斯兰教,而不是遵循某一个特定的人。达到伊杰提哈德(独立立法)条件的人,也不必固守某一个特定的学派。即使某人不是穆贾台赫德(独立立法者),他也不必固守某一个特定的学派。相反,每个人都被命令遵循沙里亚,即由穆贾台赫德推导或演绎出来的教法。因此,应当遵循的是沙里亚,而不是伊玛目或穆贾台赫德。每一位学者和伊玛目都强调了这一点。
Some claim that it is mandatory to adhere to one Imam or one school of Fiqh. This is completely wrong since we are ordered to follow Islam and not to one specific human being. And the person who meets the requirements of Ijtihad does not have to adhere to one specific school of thought. Even if someone is not a Mujtahid, he does not have to follow one specific school. Rather, each individual is ordered to follow the Shari‟ah, which is extracted or deduced by Mujtahids. Consequently, the adherence is to the Shari‟ah and not the Imam or the Mujtahid. This point was emphasised by each of the scholars and Imams.
另一方面,认为由于穆斯林乌玛当前的状况而需要一个新的教法学派,这种说法是没有根据的。因为真正需要的是全面地应用伊斯兰教,而不仅仅是在已有的诸多教法学派之外再发展出一个新的学派。不过,有两个因素必须牢记。
On the other hand, the claim that we need a new school of Fiqh due to the current situation of the Muslim Ummah is unfounded. Since what is really needed is the application of Islam in a comprehensive way, and not just to develop another school among the other already existing schools of Fiqh. There are however, two factors that must be kept in mind.
1) 每个时代、每一代人都会不断出现新的问题,而且每天都有新的问题涌现;并且 2) 乌玛被命令遵循神圣的律法来解决任何问题。
1) New problems emerging daily, in every era and every generation, and that 2) The Ummah is ordered to follow the divine rule to solve any problem.
因此,这两个因素要求穆斯林乌玛的每一代人中,都必须至少有一位穆吉台希德,以应对新出现的问题。为了推导出哈古姆·沙尔仲(Hukm Shar‟i),这位穆吉台希德无需讨论旧有的问题,因为这些问题已经得到解决。因此,在这方面,需要的是穆吉台希德具备伊吉提哈德的条件,以应对新问题,而不一定要另立一个新的学派。
These two factors require therefore, that every generation of the Muslim Ummah must have at least one Mujtahid amongst them in order to address the newly arising problems. In order to deduce the Hukm Shar‟i, this Mujtahid does not have to discuss old problems since they are already addressed. Therefore, in this regard, the need is for Mujtahids to meet the requirements of Ijtihad, in order to address new problems and not necessarily form a new school of thought.
然而,当伊斯兰教法之门被关闭后,乌玛中能够为新出现的问题寻找解决方案的大量穆জ਼ਤਹਿਦ(独立法学家)大为减少。这一悲剧性事件发生在希吉来历第七世纪巴格达被洗劫之后。由于伊杰提哈德之门被关闭,能够进行伊杰提哈德的人寥寥无几,这便给乌玛带来了问题。因此,新出现的问题无法依据沙里亚得到解决。
However, the presence of vast numbers of Mujtahids among the Ummah to find solutions to the newly arising problems was greatly reduced when the doors of Ijtihad were closed. This tragic event took place after the sacking of Baghdad in the Seventh Century Hijri. This led to a problem in the Ummah because closing the door of Ijtihad resulted in very few people who could perform Ijtihad. Thus the newly arising problems were not being solved through the Shari‟ah.
关闭"Ijtihad"之门,导致了关于乌玛在遵守伊斯兰教方面地位的各种观点的产生。
The closing of the doors of Ijtihad resulted in the development of various philosophies concerning the status of the Ummah in its adherence to Islam.
这些哲学思想可以概括如下:
These philosophies can be summarised as follows:
有些人开始就新出现的问题发表意见,完全出于个人的想法,没有任何证据(Daleel),也没有明确的伊斯兰教法推理(Ijtihad)方法。
Some people started issuing opinions concerning the new problems, from their own minds, without any Daleel or specific methodology of conducting Ijtihad.
其他人在尚未具备进行“اجتهاد”(伊占提哈德)所必需的前提条件时便匆忙作出结论,他们声称伊占提哈德之门不应关闭,并认为当今的局面为每个人提供了进行伊占提哈德的机会。
Others prematurely jumped to answers without acquiring the necessary prerequisites for Ijtihad, claiming that Ijtihad should not be closed and that the current situation provided everyone with the chance to perform Ijtihad.
其他人开始贬低伊吉提哈德(Ijtihad)的价值,声称每个问题都有争议,因此个人可以随意挑选最合自己心意的意见。
Others began undermining Ijtihad, claiming that every issue is debatable and therefore it is up to the individual to pick and choose whatever is most convenient.
所有上述这些主张都是无效的,因为它们导致穆斯林开始以自己的私欲、愿望、理智,或他人的理智作为依据,而我们被命令只能以伊斯兰作为唯一的依据。
All of these claims mentioned above are invalid because they caused Muslims to start taking their desires, wishes, intellect, or someone else‟s intellect as a reference, while we are ordered to take Islam as the one and only reference.
不应当关闭Ijtihad(独立推理)的大门,因为若没有Ijtihad,新出现的问题就无法由Hukm Shar‟i(沙里亚的裁定)来加以解决。但与此同时,Ijtihad的大门也不应被毫无限制、毫无约束、毫无条件地敞开。要具备Mujtahid(独立推理者)的资格,必须满足许多条件,其中包括诚意与公正。
The doors of Ijtihad should not have been closed because without Ijtihad new problems would not be addressed by the Hukm Shar‟i. Yet, at the same time the doors of Ijtihad should not be flung open without any restrictions, controls or requirements. There are actually many requirements to be met in order to meet the qualifications of a Mujtahid, including sincerity and justice.
另有一些人利用各个学派的存在,四处挑选最方便的观点,并汇集每位穆智台希德(Mujtahid)的怪异裁决。这些人走遍每一个教派,将教派中合法的观点与违法的事物分开。他们只取合法的裁决,舍弃违法的部分,最终形成了一个新的教派,其中一切都是合法的,没有任何事物是非法的。这种做法是对伊斯兰教的严重偏离。
Others began taking advantage of the existence of the many schools of thought by shopping around for the most convenient opinion and compiling strange verdicts of each Mujtahid. These people went to each Madhab separating the lawful opinions from the unlawful things of the Madhab. They took the lawful verdicts, leaving the unlawful, until ending up with a new Madhab where everything is lawful and nothing is unlawful. This action is a major deviation from Islam.
伊玛目 Al-Baihaqi 转述道:"Isma'eel Al Qadi 说:'有一天我进见阿拔斯王朝的哈里发 Al Mu'tadid,他立即拿出一本书给我看。我发现作者在书中汇集了每位学者的奇特言论。于是我对哈里发说,这本书的作者是异端。哈里发问我为何这样说,我告诉他,那些言论并不是学者们所呈现的样子,而是被这本书以另一种面目展示。使 Mut'ah 婚姻合法的人,并没有使歌唱合法;使某一行为合法的人,也不会使另一行为合法。此外,每位学者都有其特殊的见解,所以如果有人汇集所有伊玛目的失误并加以采纳,那么宗教就会荡然无存。'哈里发随即下令焚毁此书。" 伊玛目 Al-Awza'i 说:"追寻学者奇特见解的人已经出离伊斯兰。你会发现一位学者既有深厚的学识和价值,也有其失误。所以如果有人收集所有学者的失误并以此形成一个新的教法学派,那他还能有什么样的学问呢?"41
Imam Al-Baihaqi reported: “Isma‟eel Al Qadi said: „One day I entered to Al Mu‟tadid, one of the Abbasid Khaleefahs, and immediately he showed me a book to read. I found that the author had compiled in it, the strange sayings of every „Alim. So I told the Khaleefah that the author of this book is a heretic. The Khaleefah asked why this was so, and I told him that those sayings were not presented by the scholars as they are presented in this book. He who legalised the Mu‟tah marriage did not legalise singing, while he who legalised one action would not legalise another action. Additionally, each „Alim has strange opinions, so if one would compile the pitfalls of all the Imams, and adopt them, then the Deen would be lost. The Khaleefah then ordered the book to be burned.” Imam Al-Awza‟i said: “He who traces the strange opinions of the scholars is out of Islam. You would find a scholar with a lot of knowledge and value, and also with a pitfall. So if a person was to collect the pitfalls of all the scholars and form a new Madhab, then what kind of „Ilm would you have?‟”41
有些人则主张,拥有不同的教法学派(Madhahib)是错误的,我们需要将所有教法学派统一为一个单一的学派,彻底摆脱宗派主义,并稳固地建立在健全的学术基础之上。他们认为,这将是实现乌玛(Ummah)团结的前提,之后我们才应着手建立哈里发制度(Khilafah)。
Others claim that having different Madhahib is wrong and that we need to reunify all of the Madhabs and come under one single Madhab, completely free from sectarianism and firmly based on sound scholarship. This, they claim, would be the prerequisite toward reunification of the Ummah and then after this, would we look toward establishing the Khilafah.
存在多种教法学派本身并不是目的。目的在于理解律例并加以践行。对经文的理解会产生不同的观点,进而形成不同的教法学派。其原因详见相关章节。
The presence of the many Madhahib was not in itself an objective. The objective is to understand the rules in order to execute them. The understanding of the text leads to different opinions, which leads to different Madhabs. Due to reasons listed in section.