Article 3
Article 3
哈里发采纳特定的伊斯兰教法规则,并将其颁布为宪法和法律。一旦哈里发采纳某项伊斯兰教法规则,该规则便成为必须遵行的唯一教法规则,并成为每位公民都必须公开和私下里遵守的约束性法律。
The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.
本条款的依据,是众圣门弟子的公议(Ijma'),即哈里发有权采纳特定的沙里亚规则。同样,已确立的是:遵行哈里发所采纳的规则是必须的。穆斯林不得遵行哈里发所采纳的规则之外的任何规则,即便那些沙里亚规则是某位穆智台希德(伊斯兰学者)所采纳的。这是因为,对所有穆斯林具有约束力的真主的律例,正是哈里发所采纳的规则。正统哈里发们便是如此行事的;他们采纳了大量的特定规则并下令执行。因此,穆斯林们,包括其中所有的圣门弟子,都遵行这些规则,并放弃了自己的伊吉提哈德(源自伊斯兰证据的伊斯兰见解)。例如,阿布·伯克尔(愿主喜悦之)在离婚问题上采纳了一项规则,规定三次离婚若在同一场合宣告,则视为一次离婚。他在分配穆斯林财富的问题上也采纳了一项规则,规定财富应在穆斯林之间平均分配,不论其在伊斯兰中的资历或其他任何情况。穆斯林们遵从了他,法官和瓦利(地方长官)也执行了他所采纳的规则。欧麦尔(愿主喜悦之)执政后,在上述两个问题上采纳了不同于阿布·伯克尔的其他见解:他规定三次离婚视为三次;他也按照穆斯林在伊斯兰中的资历和需要来分配财富,而不是平均分配。穆斯林们也遵从了他,法官和长官也执行了他所采纳的规则。 然后,欧麦尔(愿真主喜悦他)采纳了一项规定:战争中征服的土地作为战利品归入国库(Bayt Al-Mal),而不归参战者所有;土地应留在原主手中,不得分给参战者,也不得分给穆斯林。各地总督和法官遵照执行,落实了他所确定的这项规定。
The evidence of this Article is derived from the Ijma’ (General Consensus) of the Companions that the Khalifah reserves the right to adopt specific Shari’ah rules. It has also been established in the same manner that it is obligatory to act upon the rules adopted by the Khalifah. The Muslim is not permitted to act upon any rule other than what the Khalifah has adopted in terms of rules even if these rules were Shari’ah rules adopted by one of the Mujtahideen (scholars of Islam). This is so because the rule of Allah that becomes duly binding upon all the Muslims is what the Khalifah adopts. The rightly guided Khulafaa’ proceeded in this manner; they adopted a host of specific rules and ordered their implementation. Thus the Muslims, with all of the Companions amongst them, used to act upon these rules and to abandon their own Ijtihad (Islamic opinion derived from the Islamic evidences). For instance, Abu Bakr (ra) adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one sitting. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this as well as the judges and the Walis (governors) implemented the rules that he had adopted. When Umar (ra) took office, he adopted other opinions different to those of Abu Bakr (ra) in the same two matters; he imposed the rule stipulating that the triple divorce is considered as three and he also distributed the wealth among the Muslims according to their seniority in Islam and according to their needs rather than distributing equally. The Muslims duly followed him in this and the judges and the governors implemented the rules he had adopted. Then, Umar (ra) adopted a rule stipulating that the land conquered in war is a spoil for Bayt Al-Mal (the State’s treasury), not for the fighters, and that the land should remain with its owners and should not be divided among the fighters or among the Muslims. The governors and the judges duly complied and implemented the rule that he had adopted.