6.3.1 对男人与女人的看法
6.3.1 The View Towards Man and Woman
西方的根本错误在于它对女性的看法,无论这种看法是古老的还是新近的。当其文明奠基之时,其一切理论与立法都只以男性为中心。当其弊端显露之后,便出现了解放女性、倡导女性权利的呼声。于是西方采纳了性别平等的观念,然而这一观念本身是站不住脚的。况且,"平等"一词本身就预设了一个先在的判断,即在两件事物之间确立了区分与差别。这表明西方内部最初的判断就是男女之别。再者,平等要求有一个先行的范式,以之作为比较的依据从而使双方相等。因此,要使女性与男性平等,就等于把男性当作比较的标准与范式,以男性作为平等所依据的基础。
The fundamental mistake of the West lies in its view regarding women, regardless of whether the view is old or new. When its civilization was founded, all of its theories and legislations were focused on men alone. When its shortcomings were apparent, calls for the liberation of women and advocates for their rights emerged. Thereby the West adopted the idea of gender equality, whilst this idea is in itself invalid. However, the statement of equality indicates a previous judgment that establishes separation and distinction between two matters. This indicates that the original judgment within the West is the distinction between men and women. Moreover, equality requires the precedent of a model, upon which the comparison is made for equalizing. Thus equating women with men means holding men upon as a model upon whom comparison is to be made, making men as the basis upon which equality is based.
显然,这表明西方立法者最初在立法时以男性为考虑对象。之后,西方立法者又对原有法律进行修订、增补,并将女性纳入原有法律框架之中。因此,西方立法的根本出发点是仅为男性作出安排,而非男女共同作出安排。这意味着,尽管部分法律已经修订,人们对女性的原有观念并未改变。这一问题在西方社会中持续存在,并以各种形式表现出来,例如“两性之战”和“性别主义”。西方各个时期的女权运动注意到了这一问题。他们认识到,问题不在于法律条文本身,而在于原初的观念,即立法哲学本身。这是因为,规范和组织人际关系的各种处置办法,如裁决和原则,都源于人们对这些关系、其目的以及其所涉及对象的原初看法。
This obviously means that the Western legislators considered men in legislation in origin. Then the Western legislators later amended, annexed and appended women within the original legislation. Thus the origin of Western legislation is allotment to men alone, rather than both men and women together. This means that the original view about women did not change, even though some legislation has been amended. The problem persists in the Western societies, appearing in various manifestations, such as the battle of the sexes and genderism. Western feminist movements of various waves perceived this matter. They perceived that the problem was not in the legislation, but in the original view itself, i.e. in the philosophy of legislation itself. This is because treatments, such as rulings and principles that regulate and organize relationships, emerge from the original view about the relationships, their purposes and about whom they are concerned.
因此,女权主义不再局限于立法权利或基于男女二元性的性别平等。相反,女权主义发展成为一种呼吁,要求重新审视整个社会组织的基础,包括社会制度及其衍生的各个方面,涉及有关男人、女人、婚姻、子女、母性、父性和家庭的观念。西方的这一新思潮着眼于将依据二元性(即两性)理解的性别概念,转变为"性别主义"(genderism)的概念,后者表达的是个人在文化和社会层面的塑造,由此导致社会中角色的分享与融合。
Accordingly, feminism no longer became restricted to the rights of legislation or gender equality, based on male female duality. Instead, feminism developed into a call for reviewing the basis of the societal organization as a whole, including the social system with what branches out from it, in terms of concepts about man, woman, marriage, children, motherhood, fatherhood and family. The new idea in the West focused on transforming the concept of sex according to the measure of duality, i.e. two sexes, into the concept of genderism, which expresses the cultural and social formation of an individual, leading to the sharing and merger of roles in society.
对于性别主义(genderism)的倡导者而言,男性与女性之间的差异不应由生物学来决定。在他们看来,性别应以塑造身份特征的文化、意识形态和信仰为基础,因此,差异是由文化决定的。这一观点可以用法国存在主义哲学家西蒙娜·德·波伏娃的名言来概括,她在《第二性》(法文:Le Deuxième Sexe)一书中写道:“人不是生为女人,而是逐渐成为女人”(法文:On ne naît pas femme, on le devient)。因此,按照他们的观点,女性在社会中的角色并非由其生物特征形成,而是由社会中普遍存在的社会和文化条件所形成。于是,每个人都必须自行决定其性别认同:男性可以认定自己是男人或女人,女性也可以认定自己是女人或男人。根据他们的看法,社会必须消除两性之间的差异和性别角色的区分,确保每个人都能按照自己的意愿确定其性别认同。
For advocates of genderism, the difference between man and woman is not to be determined biologically. For them gender is to be based on the culture, ideologies and beliefs that shape the features of the identity. Thus the difference is determined culturally. This is summarized by the famous quote of the French existentialist philosopher, Simone de Beauvoir, who said, “One is not born, but rather becomes, a woman (French: On ne nait pas femme, on le devient)” in her book, The Second Sex (French: Le Deuxieme Sexe). So, according to their view, the role of a woman in society does not form as a result of her biological characteristics. Instead, it forms according to the social and cultural conditions that are prevalent in the society. Thus every person must determine their gender identity. So a male determines himself to be a man or woman, whilst a female determines herself to be a woman or man. According to their view, society must abolish the differences in sexes and gender roles, ensuring everyone determines their gender identity as they wish.
这一观点本身也构成其自身无效的证据,它因自相矛盾而自我反驳。之所以自相矛盾,是因为西方性别研究学界自己断言,文化塑造了人的身份特征,无论男性还是女性皆然。这意味着男人和女人仅仅是其所处社会中盛行文化的产物。需要指出的是,文化与意识形态本质上是多元的、多样的,并且彼此矛盾。此外,西方和联合国自身也承认文化多样性,以及容忍各种文化的义务,并将文化多样性确认为一项普世人权。因此,比如穆斯林女性的身份与西方女性的身份有所不同,是很自然的事。如此一来,"性别"这一主张在尚未成形之前,便已拆解了自己的线头,拔掉了它亲手种下的东西。
This opinion is also an evidence for its own invalidity, refuting itself through self-contradiction. The self- contradiction is because the Western body of gender studies itself asserts that culture is what shapes the features of the identity of the human, whether male or female. This implies that men and women are merely the consequence of the culture that is prevalent in any given society. It is to be noted here that cultures and ideologies are innately multiple, diverse and contradict one another. Moreover, the West and the United Nations have themselves acknowledged cultural diversity and the obligation of tolerating them, acknowledging cultural diversity as a universal human right. It is thus natural for the identity of a Muslim woman for instance, to be different from that of a Western woman. In this way, the call to gender has unraveled its own thread before it was entwined, plucking out what it planted by its own hands.
没有任何办法能够按照他们的理解强加性别观,除非消灭全世界的文化多样性,使所有观点都统一于他们的思想之下,从而建立一种普世的、单一文化的"性别主义"。这正是联合国通过将西方性别概念全球化、将其强加于所有其他民族而所确保的结果。这也与《世界文化多样性宣言》相矛盾。该宣言由联合国教育、科学及文化组织(教科文组织)于2001年通过,其精神在西方也得到人类学、社会学及其他研究的支持,而这些研究正是强调各文化的独特决定因素。在这里,性别主义的支持者只能说,普世权利与文化多样性之间并不存在矛盾。然而,我们必须追问他们:是谁将性别主义确定为一项普世权利?如果各民族和各种文化都反对它,甚至西方社会在这一问题上也存在分歧,那么性别主义又怎能真正成为普世的呢?!
There is no way to impose the view of gender according to their understanding, except by ending cultural diversity in the entire world, unifying all opinions upon their ideas, in order to create a universal, mono-culture of genderism. This is what the United Nations ensured by the globalization of the Western gender concept, imposing it upon all other nations. This also contradicts the idea of cultural diversity and its distinctive determinants, as stipulated in the Universal Declaration on Cultural Diversity, adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2001, supported in the West through its anthropological, sociological and other studies. Here, the supporters of genderism are only able to say, there is no contradiction between universal rights and cultural diversity. However, we must ask them, who determined genderism as a universal right? How can genderism be truly universal, when peoples and cultures are against it and even Western society is divided in this regard?!.
此外,除了在文化层面上的自相矛盾之外,性别主义(genderism)也是站不住脚的:一方面承认男女之间存在生理上的差异,另一方面却否认这种差异对社会制度所产生的影响或所起的作用。
Moreover, asides from self-contradiction on cultural grounds, genderism is also invalid because acknowledging the existence of the biological difference between male and female, on the one hand, whilst denying its influence or role in the systems of the society,
另一方面,这是一种矛盾。例如,由“性别主义”运动所采纳并为之辩护的堕胎权立法,与文化无关。相反,它与女性的生理本质有关,因为它是女性特有的,而非男性所有。此外,允许怀孕妇女领取带薪产假也与文化无关。相反,它与女性的生理本质有关,这是女性特有的,而非男性所有。
on the other, is a contradiction. Legislation over abortion rights, for instance, that is adopted and defended by the genderism movement is not related to culture. Instead, it is related to the biological nature of a women, as it is specific to women and not to men. Beyond this, allowing a pregnant woman to get paid maternity leave is not related to the culture. Instead it is related to the biological nature of women, which is specific to women and not to men.
如果有女性说自己是男性,因此在堕胎和怀孕的情况下也要以男性自居,那么人类至少应当以如此的尊重对待,以至于根本不值得回应。事实上,可感知、可见证的现实证明,在立法等方面必须考虑自然的、生理的因素。在制定与残障人士、儿童和老年人相关的法律和治疗方案时,也会考虑生理因素。观察男女本性的差异是自然的。然而,重要的问题是:何时有必要考虑生理差异,何时则没有必要?正是在这里,意识形态及其有效或无效的证据得以被辨别。因此,西方古今关于男女的观点在其根基上都是错误的。能够说服理智、符合人性(fitra)、能够使西方社会和全人类免于损失、迷失、苦难和绝望的正确男女观,是伊斯兰所带来的观点。安拉(SWT)说:
As for a woman to then say that she is a man in the event of abortion and pregnancy, because her self- determined gender identity is male, humanity must be held with at least such esteem that a response is not warranted. Indeed, the sensed and witnessed reality affirms the necessity of taking natural, biological factors into consideration when legislating, for instance. Biological factors are considered when enacting laws and treatments related to persons with disabilities, children and elderly. It is natural to observe the differences in the nature of man and woman. However, the important question is, when is it necessary to observe biological differences and when it is not? This is the place where ideologies and the evidence for their validity or invalidity are discerned. Accordingly, the old and modern western views about men and women are erroneous views in their foundations. The correct view about men and women that is convincing to the mind and agreeing with human nature (fitra), that is capable of saving Western society and humanity as a whole from loss, getting lost, misery and despair, is the view brought by Islam. Allah (swt) says,
"并且男性不像女性。"(TMQ 阿里·伊姆兰 3:36)
“And the male is not like the female.” [TMQ Surah Aali Imran 3:36].
真主(SWT)说:
Allah (swt) says,
“并且是他创造了配偶,雄的和雌的。”[TMQ 《古兰经》 第53章 《星辰》 53:45]
“And that He creates the two mates, the male and female.” [TMQ Surah An-Najm 53:45],
真主(SWT)说:
Allah (swt) says,
“以创造雄性与雌性的那一位起誓”[《古兰经》92:3],
“And [by] He who created the male and female” [TMQ Surah Al-Layl 92:3],
真主(SWT)说:
Allah (swt) says,
“人类啊!我确已使你们从一男一女创造,”[《古兰经》第49章 Al-Hujaraat 49:13]
“O people, indeed We have created you from male and female.” [TMQ Surah Al-Hujaraat 49:13],
安拉(SWT)创造了男性和女性两种不同的性别。两性在这一自然的、生理的差异上,都不存在对任何人的歧视,无论他是信士还是不信者,无论他是白人还是黑人,无论他是男性还是女性。尽管伊斯兰承认这一自然差异,但它在看待两性时并不以此为依据,而是从他们作为整体的类别来看待,即只将男性和女性视为人类,这与其他一切哲学思想截然不同。因此,男人是人,女人也是人。男人和女人在人性方面,谁也不比谁更优越。在这一人性的任何方面,都没有人受到歧视。安拉使两者都凭借各自作为人的身份,去投身于生活的舞台。祂(SWT)使他们必然地共同生活在一个社会之中。祂(SWT)使物种的延续依赖于两者的结合,以及他们在每个社会中的相互共存。
Allah (swt) created male and female as two different sexes. There is no discrimination against anyone in this natural or biological difference, between the two sexes i.e. male and female sexes, whether he is a believer or disbeliever, whether he is white or black, whether male or female. Despite Islam’s acknowledgement of this natural difference, it does not take account of it in its view towards the two sexes. Instead, it takes account of their kind as a whole i.e. considering male and female as humans alone, which is in contrast to all other philosophies. So man is a human and woman is a human. Neither of man or woman differ over another in terms of their humanity. No one is discriminated against in anything of this humanity. Allah has prepared both of them to engage in the arena of life with virtue of their both being humans. He (swt) made them live determinately in a single society. He (swt) made the survival of the species dependent on their union and their mutual existence in every society.
因此,任何一方看待另一方,都只应像看待自己一样,因为他们都是人,拥有人的一切特性和生活的禀性。安拉(SWT)为他们两者创造了生命能量,这与为所有人创造的生命能量是同一种。安拉(SWT)还为他们两者创造了生理需求,如饥饿和口渴。安拉(SWT)为他们两者创造了求生本能,以及繁衍本能和精神本能。这些生理需求和本能在所有人身上都是相同的。安拉(SWT)为他们两者创造了理智的功能,这与在所有人身上的理智功能是同一种。因此,人所拥有的理智与女人所拥有的理智是相同的,因为安拉(SWT)创造人类的理智时并未区分。男人没有一种独立的理智,女人也没有另一种独立的理智。
So, it is only permissible for any one of them to look at others just as they look upon themselves as they are all humans enjoying all the characteristics of humans and their dispositions of life. Allah (swt) has created life energy for both of them, which is the same life energy that is created for all. He (swt) has also created organic needs, such as hunger and thirst, for both of them. He (swt) created survival instincts for both of them, as well as the procreation instinct and spiritual instinct in both of them. It is the same organic needs and instincts that are found in all. Allah (swt) created the faculty of reason in both of them and it is the same faculty of reason found in all. Thus the intellect found in man is the same as the intellect found in woman, when Allah (swt) created the intellect of humans. There is no separate intellect for man, on the one hand, and for the woman, on the other.
这是必须遵循的基本原则。因此,女性不应被视为问题,她的权利也不必单独提出来要求。问题不在于她是否与男性平等,因为两者都是人类,拥有相同的特质和生活禀性,只是性别不同。当伊斯兰为人们设定沙里亚责任时,它同时加在男性和女性身上。当伊斯兰阐明沙里亚的裁决,以规范两者的行为时,伊斯兰无论如何都既不考虑两者之间的平等问题,也不进行比较,更不去探讨两者的相似之处,也不把这些方面纳入考量。相反,伊斯兰只着眼于需要处理的具体问题。因此,伊斯兰在处理任何具体问题时,都将其视为人类的问题,而不去区分它是男性的问题还是女性的问题。
This is the basis upon which one must proceed. Thus the woman is not supposed to be a problem and her rights are not to be demanded separately. The matter is not about whether she is equal to man or not for both of them are humans and they have same characteristics and life dispositions, although they differ in their sexes. When Islam assigned Shariah responsibilities, it imposed them on both man and woman. When Islam elucidates the Shariah rulings to treat both of their actions, Islam neither looks at the issue of equality, comparison and similarity between both of them, in any case, nor does it take account of such aspects. Instead Islam only looks at the specific problem that needs to be treated. So Islam treats any specific problem by considering it as a human problem, without looking at whether it is a man’s problem or a woman’s problem.
这种处理针对的是人在所出现问题中的行为,而不是针对男人与女人各自的身份。伊斯兰为女人规定权利时,也为她规定了义务;同样,伊斯兰为男人规定权利时,也为他规定了义务。伊斯兰所规定的权利与义务,是与其利益相关的,并作为对行为的处理,因为这些行为是针对某一特定的人而言的。安拉(SWT)在人性所要求相同处理时,为他们规定了同一种处理;而在他们各自生理本性不同所要求的情况下,则为他们规定了不同的处理。
So, the treatment is for the action of humans in the problems that arise. It is not the treatment for the man, on the one hand, and the woman, on the other. When Islam made rights for a woman, it imposed on her obligations. Similarly, when Islam made rights for a man, it imposed on him obligations. Islam made rights and obligations related to their interests and as treatments for actions, by considering the actions being specific to a specific human. Allah (swt) made the treatment as one alone, when necessitated by their human nature for the treatment to be one and the same, whilst He (swt) made treatments as different, when necessitated by both of their differing respective biological natures, to be different.
因此,伊斯兰教在号召人类信仰真主时,并不区分男性与女性。伊斯兰教使礼拜、斋戒、朝觐和天课等与敬拜相关的责任,对男性和女性同样适用。同样,伊斯兰教使道德品质及其特征,对男性和女性同样适用。伊斯兰教还使买卖、借贷、监护等交易规定,对男性和女性同样适用。伊斯兰教使求知与教导的义务落在男性和女性身上,毫无歧视。真主(SWT)为人类制定的、与人作为人所应遵循的相关规定,对男性和女性同样适用。真主(SWT)说:
Accordingly, Islam does not discriminate between men and women in its call to humanity to believe. Islam made responsibilities related to worship such as Salah, Fasting, Hajj and Zakah, one and the same, for both men and women. Similarly, Islam made morals and their characteristics one and the same, for both men and women. Islam also made the rulings of transactions, such as trading, loans, guardianship and others, one and the same, for both men and women. Islam obliged learning and teaching upon both men and women, without any discrimination. Allah (swt) has legislated the rulings related to humans, by virtue of being human, as one and the same for both men and women. Allah (swt) says,
“诚然,顺服的男信士和顺服的女信士,信道的男信士和信道的女信士,服从的男信士和服从的女信士,诚实的男信士和诚实的女信士,坚忍的男信士和坚忍的女信士,谦卑的男信士和谦卑的女信士,施舍的男信士和施舍的女信士,斋戒的男信士和斋戒的女信士,保守贞洁的男信士和保守贞洁的女信士,常常记念真主的男信士和常常记念真主的女信士,真主已为他们预备了赦宥和重大的报酬。”(《古兰经》33:35)
“Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so - for them Allah has prepared forgiveness and a great reward.” [TMQ Surah Al-Ahzab 33:35],
关于女性因其生理属性而产生的权利、义务及沙里亚责任,以及男性因其生理属性而产生的权利、义务及沙里亚责任,这些权利、义务和责任在男女之间是有所不同的。这是因为在这些方面,伊斯兰教的规定并非针对人类这一笼统的绝对概念,而是针对人类这一类别中的不同类型,即其人类生理属性与另一类型有所区别的群体。因此,这些规定应针对这一类型的人,而非泛泛地针对所有人类。据此,伊斯兰教以与女性特性相关的律例来区分女性,例如关于月经、怀孕和分娩的律例。伊斯兰教还赋予女性抚养子女的权利,且此权利不属于男性。伊斯兰教规定女性工作谋生是允许的(穆巴赫),而对男性则是必须的。女性不负有参战的义务,而男性则负有此项义务。
As for the rights and obligations and the Shariah responsibilities related to the biological nature of woman by virtue of being a female, on the one hand, and that which is related to the nature of man, by virtue of being a male, these rights and obligations, these responsibilities, differ between men and women. This is because in these cases, it is not a treatment for humans as a generic absolute. Instead, it is a treatment to the types of humans within the genre of humans, whose human biological nature is distinct to that of the other type. Therefore, the treatment should be for this kind of human and not for all humans generically. Accordingly, Islam distinguishes women with rulings related to her femininity, such as rulings regarding menstruation, pregnancy and child birth. Islam also made for her the right of the custodianship of children to the exclusion of man. Islam made the work to earn money as permissible (mubah) for women, whilst making it obligatory for men. Fighting is not obliged upon women, whilst it is obligatory upon men.
这是伊斯兰教对男性与女性的看法。这种看法基于人的本性,而非基于两性的生理差异或社会差异。这是一种正确的看法,它能消除当今世界男女之间存在的冲突,使他们如同兄弟姐妹一般,共同为社会的稳定与进步而努力。
This is the view of Islam towards the male and the female i.e. man and woman. It is the view based upon their human nature and not upon their respective sex or social diversity. It is the correct view that removes the conflict present today around the world between men and women, making them as brothers and sisters, who work together for the stability and advancement of society.