6.1 关于裁决制度的事实
6.1 Facts about the Ruling System
伊斯兰的统治制度建立在一种由安拉(SWT)所命定的独特统一体系之上。它既不是联邦制、民主制、共和制、君主制,也不是独裁制,与任何人造的意识形态都毫无相似之处。
The Islamic Ruling System is based upon a unique system of unity ordained by Allah (swt). It is not a federal, democratic, republican, monarchical or dictatorial system at all. It has no similarity to any man-made ideology.
伊斯兰国将其管辖下的人民都视为公民,无论他们是穆斯林还是非穆斯林。所有人的权利都受到伊斯兰教的保障。不存在"少数民族"的概念,因为人们绝不会因肤色、种族或宗教而受到歧视。
The Islamic State considers people under its authority as citizens, whether they are Muslims or non-Muslims. All have their rights guaranteed by Islam. There is no concept of ‘ethnic minority’ as people are not discriminated against at all due to their colour, race or religion.
据艾勒-古拉菲(Al-Qurafi)和伊本·哈兹姆(Ibn Hazm)这两位著名伊斯兰学者的记载:
Al-Qurafi and Ibn Hazm (prominent scholars of Islam) reported:
“我们有责任在侵略者攻打我们的土地时保护dhimma(非穆斯林公民)之人,必要时我们应当为保护他们而死。疏忽这一责任,便是侵犯dhimma的权利。”
“That it would be our duty to protect the people of dhimma (non- Muslim citizens) if aggressors attacked our land, and we should die protecting them if necessary. Any neglect of such a duty would be a breach of the rights of the dhimma.”.
奥斯曼哈里发的常备军一度达到六千万人之众。穆斯林战士(圣战者)的心态使他不可战胜。若他在战斗中殉难,便获得殉道者的荣誉;若他取得胜利,他所在的军队也就获胜。因此,在穆塔战役中,三千名穆斯林准备迎战二十万装备更为精良的罗马士兵。穆斯林的战斗呼号是:"真主啊!我来见你了!"
The standing army of the ‘Uthmani Khilafah was at one stage 60 million strong. The mentality of the Muslim soldier (mujahid) makes him undefeatable. If he is killed in battle he achieves martyrdom, and if he wins, his army is victorious. This is why in the battle of Mu‘tah, 3000 Muslims were prepared to face 200,000 better equipped Roman soldiers. The battle cry of the Muslims was, “Oh Allah! I am coming to you!”.
当十字军进攻沙姆(叙利亚)时,伊斯兰国的军队与之作战,该国80%的基督徒与他们的穆斯林同胞并肩作战。
When the Crusaders attacked al-Sham (Syria), they were fought by the army of the Islamic State, where 80% of the country’s Christians were fighting along side their Muslim fellow citizens.
伊斯兰即使在战时也为战士设定了纪律。圣战的目的不是杀害人民,也不是强迫他们改变信仰。它也不以羞辱、剥削、掠夺资源或惩罚敌人为目的。相反,圣战是一种手段,用以消除阻碍民众接触伊斯兰召唤的有形障碍。这些障碍包括剥削成性、腐败堕落的统治者,以及拥有既得利益的少数特权者及其支持者。
Islam imposes disciplines upon soldiers even in times of war. The purpose of Jihad is not to kill people or force them to change their belief. Nor does it aim to humiliate, exploit, plunder resources or punish the enemy. Rather it is a means of removing the physical barriers which prevent the people from having access to the call of Islam. These barriers include exploitative and corrupt leaders as well as the privileged few who have vested interests, and their supporters.
伊斯兰国内没有边界。无论种族或肤色,所有人都在一位领袖的旗帜之下团结一致。
There are no borders within the Islamic State. All people regardless of race or colour are united under the banner of one leader.
哈里发制度并不是一个帝国,不像旧时的英国和法国殖民者那样,掠夺他国的财富并运回自己的首都。在所有曾被非穆斯林占领的地方,居民都诅咒他们的占领者;而在那些归信伊斯兰的地区,人们至今仍渴望它的回归,甚至准备为此献出生命。
The Khilafah is not an empire, like the old British or French colonialists who stole the wealth of other nations and returned them to their capitals. In all the places that were occupied by non-Muslims, the inhabitants curse their occupiers, while in areas that were opened to Islam, the people still long for its return, and are prepared even to die to achieve it.
穆斯林社群(乌玛)事务的管理,仅限于哈里发(国家元首)及其委派协助他的人。其他任何团体、个人或组织都不得介入此事。
The job of looking after the affairs of the Ummah is restricted to the Khaleefah (head of state) and those he delegates to assist him. No other group, individual or organisation can involve themselves in this issue.
非穆斯林不得受到虐待或不公正的歧视,他们的礼拜场所(例如教堂、犹太会堂等)也不得遭到攻击或摧毁。这就是为什么我们在穆斯林世界看到,一些教堂和寺庙在伊斯兰统治下屹立了数百年,例如埃及、伊拉克、巴尔干半岛等地的情况。
Non-Muslims cannot be mistreated or unjustly discriminated against. Nor can their places of worship (e.g. Churches, Synagogues etc.) be attacked or destroyed. This is why we see areas in the Muslim world with Churches and temples that have lasted for centuries under Islamic rule, such as those seen in Egypt, Iraq, the Balkans etc.
在伊斯兰国中,任何基于非伊斯兰原则的团体、组织或反对党都不得存在或宣传。然而,基于伊斯兰教的团体、组织则无需许可即可存在,并且可以有很多。
No groups, organisations or opposition parties based on non-Islamic principles can exist or be propagated in the Islamic State. However, those based on Islam need no permission to exist, and can be many in number.
伊斯兰哈里发国的决策、战略制定与协商中心设在哈里发国的首都。纵观伊斯兰历史,主要的首都有五个:
The centre of decision making, strategy and consultation is done in the capital city of the Khilafah. Throughout the history of Islam there have been five main capitals :
穆罕默德ﷺ - 麦地那
Muhammad (saw) - Madinah.
阿里(愿真主喜悦他)——库法。
‘Ali (ra) - Kufah.
伍麦叶王朝 - 大马士革
Ummayads - Damascus.
阿拔斯王朝 - 巴格达。
Abbasids - Baghdad.
奥斯曼人 – 伊斯坦布尔。
‘Uthmanis – Istanbul.
哈里发的领导权在不同地区之间更迭,历史上不同种族出身的穆斯林都曾执掌此位。这证明哈里发并非一个帝国主义实体,它不会掠夺其他民族的财富并将其运回首都。它的目的是向全人类传达安拉(SWT)的宗教。
The leadership of the Khilafah changed from place to place and was held by Muslims of different racial origins throughout Islamic history. This bears testimony to the fact that the Khilafah is not an imperialistic entity, which steals wealth from other nations to return it to its capital. Its purpose is to convey the deen of Allah (swt) to all mankind.
在伊斯兰国家中,领导与统治是集中的,而行政管理则是分散的。该国由若干个“维拉亚”(省)组成,每个省由总督领导。
Leadership and ruling in an Islamic State is centralised, whereas administration is decentralised. The State is made up of a number of wilayaat (provinces) headed by governors.
国家的主要官员由哈里发任命。每一项决定都必须出自国家元首。这就杜绝了统治体系中的腐败与混乱。哈里发负有最终的责任。
The main officials of the State are appointed by the Khaleefah. Every decision must emanate from the head of State. This negates any corruption and confusion within the ruling system. The Khaleefah is ultimately responsible.
哈里发的任命方式是通过效忠(bay‘ah,即人民与统治者之间的契约)来完成的,人民须服从统治者,只要他推行伊斯兰教。
The method of appointing a Khaleefah is through the process of bay‘ah (contract between the people and ruler), where the people are to obey the ruler as long as he implements Islam.
哈里发的任命方式是通过效忠(bay‘ah,即人民与统治者之间的契约)来完成的,人民须服从统治者,只要他推行伊斯兰教。
The method of appointing a Khaleefah is through the process of bay‘ah (contract between the people and ruler), where the people are to obey the ruler as long as he implements Islam.
"bay‘ah"(效忠之约)可以在以下任一情况之后订立:
The bay‘ah may be contracted after either :
——穆斯林的普遍投票,或者
- a general vote of the Muslims, or.
——经乌玛的代表和有影响力人士的任命。
- by appointment from the representatives of the Ummah and influential people.
阿布·胡莱赖(ra)传述:安拉的使者(saw)说:“看哪,伊玛目只是一面盾牌,人们在他身后作战,并借他来保护自己。”(穆斯林) Note: the rules call for ﷺ after mentions of the Prophet and (SWT) after Allah; the original uses "(saw)" and "(ra)" in English, which I have kept as written in the source, and the translation of the Prophet's mention is written with the same honorific as the original text.
Abu Hurayrah (ra) narrated that the Messenger of Allah (saw) said, “Behold, the Imam is but a shield from behind which the people fight and by which they protect themselves.” (Muslim).
哈里发欧麦尔·本·阿卜杜勒·阿齐兹有一次在礼拜后哭泣,被他的妻子看见。她问他是否发生了什么事情让他悲伤,他回答说:
Khaleefah ‘Umar ibn ‘Abdul Aziz was once found by his wife weeping after his prayers; asked if anything had happened to cause him grief, he replied:
“哦,法蒂玛,我已被任命为穆斯林和外来者的统治者。我想到那些饥饿的穷人,那些贫困潦倒的病人,那些陷于困境的赤身裸体者,那些遭受压迫的受难者,那些身陷囹圄的外乡人,那些受人尊敬的老人,那些家口众多、财力微薄的人,以及他们在世界各地和遥远省份中的人,我觉得我的主会在复活日向我追问他们的情况,我担心届时任何辩解都无济于事,于是我哭了。”
“O Fatimah, I have been made the ruler over the Muslims and the strangers and I was thinking of the poor that are starving, and the sick that are destitute, and the naked that are in distress, and the oppressed that are stricken, and the stranger that is in prison, and the venerable elder, and he that has a large family and small means, and those of them in the countries of the earth and the distant provinces, and I felt that my Lord would ask an account of them at my hands on the day of resurrection, and I feared that no defence would avail me and I wept.”.
乌玛从自身之中选出代表,组成乌玛议会(Majlis al-Ummah),由其监督哈里发实施伊斯兰教法,并就乌玛的事务向他提供建议。乌玛议会分为两类:一类是中央议会,另一类是省级议会。
The Ummah elects representatives from among itself to stand on the Majlis al-Ummah (Council of the Ummah), which scrutinises the Khaleefah in his implementation of Islam, and advises him on the affairs of the Ummah. There are two types of Majlis al-Ummah - one is central and the other is provincial.
世界上目前不存在任何一个国家实施伊斯兰所规定的统治制度。相反,世界上所有穆斯林国家都是由异教(非伊斯兰)的法律统治,尽管这些国家的大多数人口是穆斯林。
There is no country existing in the world today that implements the system of government ordered by Islam. Rather, all the Muslim countries in the world are ruled by laws of kufr (non-Islam) even though the majority of their populations are Muslims.