第二十二条 - 《哈里发国草案宪法》 | System Of Islam

第二十二条 - 《哈里发国草案宪法》 | System Of Islam

“你们中没有人真正信仰，直到他的私欲顺从我所带来的（教法）。”（伊本·阿比·阿辛在《Al-Sunna》中所载）。阿尔-纳瓦维在《四十圣训》中引述阿卜杜拉·伊本·阿慕尔·伊本·阿斯的传述后说，这是一段“沙希赫·哈桑”（Sahih Hasan）的圣训。因此，统治乌玛和个人、引导乌玛和个人意志的，正是穆罕默德ﷺ所带来的。乌玛和个人都服从沙里亚，因此主权归于沙里亚。基于此，哈里发并非像民主制度那样，由乌玛作为其仆人与之订立契约，去执行他们想要的；而是由乌玛依据安拉（SWT）的经典和其使者ﷺ的逊奈与之订立契约，去执行安拉（SWT）的经典和逊奈，换言之，去执行沙里亚，而不是人们所想要的任何事物。以至于，若与其订约的人违背沙里亚，就要对他们进行讨伐，直到他们停止。由此，得出了“主权归于沙里亚而非人民”这一原则的依据。

“None of you [truely] believe until his desires are subservient to that which I have brought.” (reported by Ibn Abi ‘Asim in Al-Sunna). Al-Nawawi said after reporting the narration from ‘Abd Allah b. Amr b. Al-‘As in Al-Arba’in that it is a Sahih Hasan narration. So what reigns in the Ummah and the individual and directs the will of the Ummah and the individual, is what the Messenger (pbuh) came with. So the Ummah and the individual submit to the Shari’ah and accordingly the sovereignty is for the Shari’ah. Due to this the Khalifah is not contracted by the Ummah as a servant of theirs to implement what they want, as is the case in the democratic system, but rather the Khalifah is contracted by the Ummah upon the Book of Allah (swt) and the Sunnah of His Messenger , to implement the Book of Allah (swt) and the Sunnah; in other words, to implement the Shari’ah and not whatever the people may want, to the point that if the people who contracted him go against the Shari’ah they are fought against until they desist. Consequently, the evidence was derived for the principle that the sovereignty is for the Shari’ah not the people.

“有三种人，安拉不会与他们说话，也不会看他们，也不会使他们清洁（罪恶），他们将受痛苦的刑罚：（一）一个人在路上有多余的水，却不给旅行者；（二）一个人向穆斯林的统治者宣誓效忠，只是为了今世的利益。如果统治者给他想要的，他就服从；否则他就不遵守誓约；（三）一个人在晡礼后与另一个人讨价还价，后者以安拉的名义发假誓，声称有人出了这么高的价钱买这件东西，前者便相信了他，于是买下了它。”（双方公认的圣训）因此，效忠誓约是由穆斯林方面向哈里发作出的，而不是哈里发向穆斯林作出的，所以是他们向他宣誓效忠，或者使他成为他们的统治者；而正道的哈里发们的情况是，他们只从乌玛那里接受效忠誓约，他们只有在乌玛向他们宣誓效忠之后，才成为哈里发。

“There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah claiming that he has been offered so much for the thing, and the former (believes him and) buys it.” (agreed upon). Accordingly, the pledge is from the side of the Muslims to the Khalifah and not from the Khalifah to the Muslims, and so they are the ones who give him the pledge or establish him as a ruler upon them, and what occurred with the rightly guided Khulafaa’ is that they only took the pledge of the allegiance from the Ummah and they did not become Khulafaa’ except by the pledge of the Ummah with them.

这些圣训表明,哈里发只有通过这份效忠誓约才获得权力,因为真主(SWT)命令服从通过这份誓约受命之人,即“谁已向伊玛目宣誓效忠,就必须服从他”。因此,他通过效忠誓约取得哈里发之位,服从他是义务,因为他是已被订立契约的哈里发。这意味着他从乌玛取得权力,乌玛有义务服从它所订立契约之人,换言之,即那个因交付给他的这份效忠誓约而被套上效忠之颈的人。这表明权力属于乌玛。此外,使者ﷺ虽然是使者,仍然从民众那里接受了效忠誓约。这份誓约是针对统治与权力的,而不是针对先知身份的;他从男人和女人那里接受它,而不是从尚未达到辨别年龄的少年那里接受。因此,穆斯林是建立哈里发并依据真主(SWT)的经典和其使者ﷺ的逊奈与他订立契约的人,而哈里发只通过这份誓约获得权力,这明确证明权力属于乌玛,由乌玛交给它所愿意交给的任何人。

These narrations indicate that the Khalifah only gets his authority via this pledge, since Allah (swt) ordered obedience to him by this pledge – “Whoever has sworn the oath of allegiance to an Imam , must obey him” – so he took the Khilafah through the pledge and obedience to him is obligated because he is the Khalifah who has been contracted. So it means that he took the authority from the Ummah and the obligation of the Ummah obeying whomsoever it contracted, in other words, the one who has the pledge of allegiance upon their necks, by this pledge given to him, and this indicates that the authority is for the Ummah. On top of that, the Messenger (pbuh) , even though he was a Messenger, took the pledge of allegiance from the people. This was a pledge upon the rule and authority and not a pledge upon the Prophethood, and he took it from the women and the men and not from youngsters who had not yet reached the age of distinction. So the fact that the Muslims are the ones who establish the Khalifah and contract him upon the Book of Allah (swt) and the Sunnah of His Messenger , and the fact that the Khalifah only takes his authority through this pledge, is clear evidence that the authority is for the Ummah to give to whomsoever they please.