第34条 - 《哈里发国草案宪法》

第34条 - 《哈里发国草案宪法》 | System Of Islam

这一方法之所以成立，是因为穆斯林曾向先知（愿主赐福他并使他平安）宣誓效忠（Bay'a），并且先知（愿主赐福他并使他平安）命令我们向伊玛目宣誓效忠。至于穆斯林向先知（愿主赐福他并使他平安）的宣誓，那并非是对先知身份的宣誓，而是对统治权的宣誓，因为那是一种以行动为内容的宣誓，而不是对其先知身份的确认。确认对先知身份及其所传讯息的信仰属于伊玛尼（Iman），而不是宣誓。因此，唯一的结论是，宣誓必定是针对他作为国家元首的身份而言的。宣誓在《古兰经》和圣训中都有提及。安拉（SWT）说：“先知啊！当信道的妇女来向你宣誓，表示她们不以任何物配主，不偷盗，不通奸，不杀害自己的子女，不捏造诬言介于双手与双足之间，不违抗你的任何合理命令，你就接受她们的宣誓吧。”（TMQ 60:12）安拉（SWT）又说：“那些向你宣誓效忠的人，实际上是在向安拉宣誓效忠，安拉的手在他们的手之上。”（TMQ 48:10）布哈里圣训集记载：伊斯玛仪说，马立克告诉我，他从叶海亚·本·赛义德那里听说，乌巴德·本·瓦利德说，他的父亲告诉他，他从乌巴德·本·沙米特那里听来：

The fact that this method (Bay’a) is confirmed by the Muslims’ Bay’a to the Messenger (pbuh) , and from the order of the Messenger (pbuh) upon us to give the Bay’a to the Imam. As for the Bay’a of the Muslims to the Messenger (pbuh) , it was not a Bay’a on Prophethood but rather upon ruling, since it was a Bay’a upon action and not upon confimation (of the truth of his Prophethood. So he was given the Bay’a upon the basis that he was a ruler and not that he was a Prophet (phuh) or a Messenger, since the confirmation of belief in Prophethood and his message is Iman and not Bay’a. Therefore, all that remains is that the Bay’a must have been in respect of him being the head of the state. The Bay’a is mentioned in the Quran and the Sunnah. Allah (swt) says: “O Prophet (phuh), when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge.” (TMQ 60:12), and Allah (swt) says. “Indeed, those who pledge allegiance to you, [O Muhammad] - they are actually pledging allegiance to Allah. The hand of Allah is over their hands.” (TMQ 48:10). Al- Bukhari reported: Isma‘il said that Malik said to me from Yahya b. Sa‘id who said: ‘Ubadah b. Al-Walid said his father said to him from ‘Ubadah b. Al-Samit:

当阿布·伯克尔（ra）感到自己的病已无法治愈，并且穆斯林军队正与当时的两大强国波斯和罗马交战时，他召集穆斯林，就谁应当成为他们的哈里发一事征询意见，前后花了三个月进行磋商。待磋商完成、他了解了多数穆斯林的看法后，他委任了欧麦尔（ra）作为他之后的哈里发，用现代的话说，就是提名欧麦尔（ra）接任。这种委任或提名并非让欧麦尔（ra）在他之后担任哈里发的契约，因为阿布·伯克尔（ra）去世后，穆斯林前往清真寺向欧麦尔（ra）宣誓效忠（Bay'a），欧麦尔（ra）正是通过这一效忠而成为穆斯林的哈里发，而不是通过磋商或阿布·伯克尔（ra）的委任。如果阿布·伯克尔（ra）的提名本身就是哈里发职位的契约，那么他就不需要穆斯林的效忠宣誓了。此外，前文提到的经文亦明确表明，一个人成为哈里发的唯一途径，就是穆斯林给予的效忠宣誓。

When Abu Bakr (ra) felt that his illness was terminal and specifically that the Muslim armies were involved in battles with the major powers of the time, the Persians and the Romans, he called the Muslims in order to consult them upon who should be the Khalifah for them and spent three months doing this consultation. When he had completed it and knew the opinion of the majority of the Muslims, he commissioned them, or in modern terminology nominated, that Umar (ra) should be the Khalifah after him. This commissioning or nomination was not a contract for Umar (ra) to be the Khalifah after him, since after the death of Abu Bakr (ra) the Muslims attended the mosque to give their Bay’a to Umar (ra) and through that he became the Khalifah of the Muslims, and not through the consultations, or Abu Bakr’s (ra) commission, since if the nomination by Abu Bakr (ra) was a contract for the Khilafah then he would not have required the Bay’a of the Muslims. This is on top of the texts mentioned earlier which explicitly indicate that the only manner for a person to become the Khalifah is through the Bay’a given by the Muslims.

“若五人一致同意某人，而一人反对，则以剑击其头”，此语见于塔巴里（Al-Tabari）的《历史》（Al-Ta’rikh），以及伊本·古太白（Ibn Qutaybah）所著、通常被称为《历代哈里发史》（Al-Ta’rikh Al-Khulafaa’）的《伊玛目与政治》（Al-Imama wa ’l-Siyasa），还有伊本·萨ʿd（Ibn Sa’d）的《大类传》（Al-Tabaqat Al-Kubra）。随后，欧麦尔（ra）指派艾卜·塔勒哈·安萨里（Abu Talha Al-Ansari）率五十人守卫他们，并嘱咐米格达德·本·艾斯瓦德（Al-Miqdad Bin Al-Aswad）寻找一处供他们聚会的场所。欧麦尔去世后，议会推选出候选人，ʿAbd al Rahman Bin ʿAuf说：“你们中谁愿意退出（候选），并承担责任从你们中选出最优秀的人？”众人皆沉默不语。于是ʿAbd al Rahman说：“我退出。”随后他逐一征询众人的意见，若不以自己为人选，他们认为最有资格担此重任的是谁。他发现他们的回答仅限于两人：阿里（ra）和奥斯曼（ra）。之后，ʿAbd al Rahman征求穆斯林的意见，询问他们更倾向于两人中的哪一位。他询问男人和女人，不仅在白天，甚至在夜间，都在调查民众的意见。布哈里（Al-Bukhari）转述了密斯瓦尔·本·马赫拉马（Al-Miswar Bin Makhrama）的话，他说：

“if five of them agreed upon a man while one disagreed, then strike his head with a sword..” as has been reported by Al-Tabari in his Al-Ta’rikh, as well as Ibn Qutaybah who authored the book Al-Imama wa ’l-Siyasa which is commonly known by Al-Ta’rikh Al-Khulafaa’, and Ibn Sa’d in Al-Tabaqat Al-Kubra. Then Umar (ra) appointed Abu Talha Al-Ansari along with fifty men to guard them, and charged Al-Miqdad Bin Al-Aswad with finding a place for them to meet. Then after the death of Umar (ra) and subsequent to the council settling upon the candidates, ‘Abd al Rahman Bin ‘Auf said: Which of you would remove yourselves (from consideration) and assume responsibility to select the best of you? To which all of them remained silent. Then ‘Abd al Rahman said I remove myself and then consulted each of them individually asking them who they considered the most worthy of the responsibility if they didn’t consider themselves, and he found that their answers were limited to two: ‘Ali (ra) and ‘Uthman (ra). After that ‘Abd al Rahman sought the opinions of the Muslims asking them which of the two they would prefer. He asked the men and women, surveying the opinion of the people, not just during the daytime but even during the night. Al-Bukhari narrated from Al-Miswar Bin Makhrama who said.