第108条
Article 108
协商(Shura)与磋商(Mashwarah)指的是征求意见,其绝对含义即在于此。它在立法、定义问题上没有约束力,在揭示事实等学理性问题上亦然,在技术与科学问题上也不具约束力;而当哈里发就任何操作性事务进行协商,以及对那些不需要深入研究和细致审查的行动进行协商时,则具有约束力。
Shura (consultation) and Mashwarah (deliberation) is the taking of opinion in its absolute meaning, and it is not binding in legislation, definitions, and nor intellectual issues such as disclosing facts, nor technical and scientific issues; and it is binding when the Khalifah consults in any operational issue and the actions that do not require research and deep examination.
“Shura”(شورى)源自动词“shawara”,意为征求意见、协商;也有人说“我向他征求了Shura”,即是向他请求提供建议(Mashurah)。
Shura is from the verb shawara, which is to seek opinion and consultation, and it is said I sought Shura from him – is to seek Mashurah for him.
“Shura”、“Mashurah”与“Mashwara”的含义相同。在《Lisan Al-‘Arab》中提到:人们说“某人是好的Mashurah(商议之人)”,Mashurah与Mashwarah是两种方言的说法。Farraa’说:Al-Mashura源自Mashwarah,后来为了便于发音而变为Mashura。Al-Layth说:Al-Mashwara属于Mafa‘la的形式,派生自Al-isharah(指示),并且有人说Mashura,它与Shura、Mashura以及同样的Mashwarah含义一致。你说“我就某件事与他进行了Shura(商议)”,以及“我向他寻求了Shura”。《Mukhtar Al-Sihah》中也提到:Al-Mashwarah即Al-Shura,也即Al-Mashurah,我们由此说“Shaawarahu(我就某事与他商议)”,以及“我向他寻求了Shura”,其含义相同。
Shura and Mashurah have the same meaning as Mashwara. In Lisan Al-‘Arab it mentioned: it is said So and so is good Mashurah and Mashwarah, in two dialects. Farraa’ said: Al-Mashura comes from Mashwarah, and then it became Mashura for the sake of ease. And Al-Layth said: Al-Mashwara is on the form Mafa‘la derived from Al-isharah, and it is said: Mashura, which is Shura and Mashura and similarly Mashwarah, and you say ‘I did Shura with him in an issue, and I sought Shura from him’, and it is mentioned in Mukhtar Al-Sihah: Al-Mashwarah is Al-Shura, and also Al-Mashurah, we say from it ‘Shaawarahu (I did Shura with him) in an issue, and I sought Shura from him’, with the same meaning.
协商(舒拉)之合法性的根源,在于真主命令祂的使者与穆斯林协商,祂说: Note: the Qur'an verse text should be in braces per instructions? The original quotes no verse text here; it ends with "when He (swt) said:" so the verse follows. Translation ends at colon.
The origin of the legitimacy of Al-Shura is the order of Allah (swt) to His Messenger to seek consultation with the Muslims when He (swt) said:
“并与他们协商政事”(TMQ 3:159),这表明这是一种请求,而经文中伴随这一请求的迹象,表明这是一种被推荐的请求。这些经文包括:1. 真主通过赞美信士们来称赞协商(Shura),将协商之事与他们相联系。
“And consult them in the matter.” (TMQ 3:159), and this indicates a request, and the indication that came with this request, which are reported in the texts, indicates that this is a request for something recommended. These texts are: 1. Allah praises Shura through his praise of the believers, by making the issue of Shura linked to them:
“并且他们的事务由协商决定。”(TMQ 42:38)
“And whose affair is [determined by] consultation among themselves.” (TMQ 42:38).
2. 安拉的使者ﷺ经常就许多事务向他的同伴们征询意见(采取协商,即 Shura),这表明他ﷺ对此极为重视,以及他ﷺ认为协商重要而有益,并教导在他ﷺ之后的穆斯林也要谨慎地进行协商。提尔米兹圣训集载述,艾布·胡莱赖说:
2. The Messenger of Allah (pbuh) would often consult (take Shura) from his companions in many issues, which indicates the extent of his (pbuh) concern to do it and how he (pbuh) considered it important and useful and to teach the Muslims after him (pbuh) to be careful to undertake it. Al- Tirmidhi reported from Abu Hurayrah:
.» مَا رَأَيْتُ أَحَدًا أَكْثَ رَ مَشُورَةً لأَصْحَابِهِ مِنْ رَسُولِ اللَّهِ « .
.» مَا رَأَيْتُ أَحَدًا أَكْثَ رَ مَشُورَةً لأَصْحَابِهِ مِنْ رَسُولِ اللَّهِ « .
“我没有见过谁比安拉的使者ﷺ更多地向他的同伴征求协商(Mashura)的了。”
“I did not see anyone who took Shura (Mashura) from his companions more than the Messenger of Allah (pbuh) ”.
3. 安拉(SWT)命令祂的使者与信士们进行协商(沙拉)的训示,当时祂(SWT)吩咐他对他们要温和宽厚,并为他们求饶,祂(SWT)说:
3. The order of Allah (swt) to His Messenger to conduct mashawara (consultation) with the believers, when He (swt) ordered him to be kind and remissive towards them, and to seek forgiveness for them, when He (swt) said:
“所以,你因真主的慈悯而对他们宽容。假如你粗暴而心肠刚硬,他们必定会离你而去。故你应当饶恕他们,为他们祈求宽恕,并在事务上与他们协商。”(TMQ 3:159)
“So by mercy from Allah, [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter.” (TMQ 3:159).
因此,协商(Shura)这一原则的根据在于,它是被推荐的。
Accordingly the origin of the rule of Shura (consultation) is that it is recommended.
然而,当哈里发与乌玛议会协商时,对于那些不需要深入研究和细致考量的实际事务,例如与统治相关的国家内政、教育、卫生、贸易、工业、农业等等,他必须遵从多数人的意见;同样,对于由这些事务和行动中实际执行的举措,他也应当依此接受问责。这一原则源自先知ﷺ在乌侯德战役中的做法:当时,他放弃了自己的意见,接受了多数人的主张,决定不离开麦地那去迎战多神教徒的军队,而先知ﷺ和资深圣门弟子的意见原本是留守麦地那、不出城迎敌。这一原则还源自先知ﷺ对艾布·伯克尔(愿真主喜悦他)和欧麦尔(愿真主喜悦他)所说的话。
However, when the Khalifah consults the Ummah Council, he must adhere to the opinion of the majority in practical affairs that do not require research and deep consideration, such as the internal affairs of the state linked to ruling, education, health, trade, industry, agriculture, and so on, and in the same manner when he is held accountable for actions which are being practically undertaken from these affairs and actions. This is derived from when the Messenger of Allah (pbuh) left his own opinion for the opinion of the majority in the issue of leaving Madinah to meet the army of the idol-worshippers in the battle of Uhud. This is despite the fact that the opinion of the Messenger (pbuh) and the senior companions was to remain in Madinah and not to leave. It is also derived from his words to Abu Bakr (ra) and Umar (ra).
.» لَوِ اجْ تَمَعْ تُمَا فِي مَشُورَةٍ مَا خَالَفْ تُكُمَا « .
.» لَوِ اجْ تَمَعْ تُمَا فِي مَشُورَةٍ مَا خَالَفْ تُكُمَا « .
“如果你们二人在我与你们商议(Mashura)的事务上意见一致,我就不会与你们相left违背。”(艾哈迈德以哈桑级别的传述链,引自‘Abd Al-Rahman Bin Ghanam Al- Ash’ari)
“If the two of you agree on an issue I consult you on (Mashura) I will not differ with you” (as reported by Ahmad with a Hasan chain from ‘Abd Al-Rahman Bin Ghanam Al- Ash’ari).
然而,如果哈里发就其他事务征询议会,例如就需要研究和深思熟虑的技术性与概念性问题,或战争事务、洞察与战略进行磋商,那么多数人的意见并不具有约束力,哈里发仍保有作出决定的权利。这源于先知穆罕默德ﷺ接受欢迎辛在确定白德尔战役地点时的意见,而没有理会众门徒的意见;实际上,他甚至没有就此征询他们。这也基于阿布·伯克尔(愿真主喜悦他)在哈里发初期拒绝众门徒关于不与叛教者及拒绝缴纳天课者作战的意见。同样,当议会就哈里发已经实际执行的某项行为追究其责任时,多数人的意见同样不具有约束力。
Whereas if the Khalifah consults the Council on anything else, such as consulting them on technical and conceptual issues that require research and deep consideration, or the affairs of war, insight and strategy, then the opinion of the majority is not binding and the Khalifah retains the right to make the decision. This is derived from the Messenger of Allah (pbuh)’s acceptance of the opinion of Al-Hubab Bin Al-Munthir in specifying the place for the battle of Badr and not paying attention to the opinions of the companions; rather he did not even consult them regarding it. And it is also based upon the rejection of the opinion of the companions by Abu Bakr (ra) in regards to not fighting the apostates and those who withheld their Zakah at the beginning of his Khilafah. In the same manner, when the Council holds the Khalifah accountable for an action that has already been practically carried out, the majority opinion is not binding.
同样,关于立法之事也不征求民众的意见,因为立法来自安拉(SWT),而非来自民众。协商(Shura)只限于安拉(SWT)所立法的范围之内的允许性(Mubah)事务,因为在允许性之外的事务上并无选择余地,相反,对于所传述的义务、推荐、厌恶之事或禁止之事,都必须接受。因此,可以进行协商的事项,仅限于属于允许性(Mubah)行为的范畴。
Likewise, the opinion of the people is not sought regarding legislation, since the legislation is from Allah (swt) and not the people and consultation (Shura) in what Allah (swt) has legislated is only within the permitted (Mubah) issues, since in issues other than the Mubah there is no choice, rather it is compulsory to accept what is reported of obligations, recommended and disliked issues, or that which is prohibited. Therefore, the actions that there is consultation in are only those that fall under the permitted (Mubah) acts.