13.5 乌玛议会的成员资格
13.5 The membership in the Ummah’s council
任何持有国家公民身份的人,只要已成年且神智健全,都有权成为乌玛议会的成员,也有权选举议会成员,无论此人是男性还是女性。这是因为乌玛议会并不具有统治的授权,它也不属于那段阻止女性担任统治者的圣训的范畴,而是属于协商(shura)与问责的事务,这对男性和女性都是适用的。在先知穆罕默德ﷺ的使命第十三年,也就是他迁徙的那一年,有七十五名穆斯林来到他这里,其中有两名女性,他们都向他宣誓了第二次阿qaba誓约,那是一次关于战争与作战的誓约,也是一次政治性的誓约。当他们全部宣誓完毕后,他对所有人说:
Any person who holds the citizenship of the State, provided he is mature and sane has the right to be a member of the Council of the Ummah and the right to elect the members of the Council, whether the person is a man or a woman. This is because the Council of the Ummah has no mandate to rule, and it does not come under the noble hadith that prevents the woman from becoming a ruler. It is rather within the subject of shura and accounting, which is right for both, the man and the woman. In the thirteenth year of the Messenger of Allah’s (PBUH) Prophethood, the year he emigrated, there came to the Him (PBUH) seventy-five Muslims, among whom were two women, and they all gave him the second Bayah of Al-Aqaba, which was a Bayah of war and fighting and a political Bayah. Once they had all given their Bayah, he said to all of them: .
“请从你们中间为我选出十二位首领(Naqib),让他们为自己和自己的族人负责。”这是艾哈迈德经由凯卜·本·马立克所传的一段长圣训的一部分;这是他向在场所有人发出的命令,要求从所有在场者中选举产生。
"Bring me twelve Chiefs (Naqibs) from among you who would be responsible for themselves and their folk." This is part of a long hadith reported by Ahmad through Ka'b ibn Malik; and it is an order from him addressed to everyone, to elect from all who were present. .
他并没有specify男性,也没有排除女性,无论是在谁来选举方面,还是在谁应当被选举方面。绝对的(Mutlaq)规则应当按其本义理解,除非有证据加以限定;一般的('Aam)规则同样应当按其本义理解,除非有证据加以specify。在此事中,这番话是无限定的、一般性的。没有任何证据表明有specify或限定,这说明安拉的使者ﷺ命令这两位女性选举Naqib(负责人),并赋予她们在穆斯林中被选为Naqib的权利。
He (PBUH) did not specify the men and nor exclude the women, neither in regard to who would select nor to who should be selected. The Mutlaq (unrestricted) rule should be taken as such, unless there is evidence that restricts it; and the Aam (general) rule should also be taken as such, unless there is evidence that specifies it. In this case the speech was unrestricted and general. No evidence of specification or restriction has been reported, which indicates that the Messenger of Allah (PBUH ) ordered the two women to elect the Naqibs, and gave them the right to be chosen as Naqibs from among the Muslims. .
安拉的使者ﷺ曾经坐下来接受民众的宣誓效忠(Bay'ah),艾布·伯克尔和欧麦尔与他一同坐着,男人和女人都向他宣誓效忠。这一宣誓效忠是关于治理的,而不是关于伊斯兰的,因为这些妇女早已是穆斯林。在胡代比亚的里德万宣誓之后,妇女们也向他宣誓效忠。
The Messenger of Allah (PBUH) sat once to take the Bay’ah from the people, with Abu Bakr and ‘Umar sitting with him, and both men and women gave him the Bayah. This Bayah was one on ruling and not on Islam, for the women were already Muslims. After the Bayah of the Ridhwan in Hudaybiyah the women gave him their Bayah too. .
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安拉,不偷盗,不奸淫,不杀害自己的子女,不故意捏造诽谤,不在任何合理的事上违抗你,那么你就接受她们的宣誓,并为她们向安拉求饶,安拉确是至宥的,至慈的。"……[60:12]这一效忠誓约也是关于统治的效忠,因为《古兰经》称这些妇女为信士,而誓约内容是她们不会在任何善事上违抗他。此外,妇女有权发表意见,也有权代表他人并被代表。因为她有权发表意见,所以她可以选择自己的代表;而且,代表权并不要求男性身份,因此她有权代表选举她的人。
Allah (S.W.T) says: "O Prophet! When believing women come to you to take the oath that they will not associate in worshipping any other thing whatsoever with Allah, that they will not steal, that they will not commit adultery (or fornication) that they will not kill their children, that they will not utter slander intentionally or in falsehood, and that they will not disobey you in any just matter, then do receive their oath, and pray to Allah for the forgiveness of their sins, for Allah is oft-forgiving, most merciful". .. [60:12]. This Bayah was also a Bayah on ruling, as the Qur’an states that the women were believers, and the Bayah was that they would not disobey him in any good thing. Besides, the woman has the right to represent and be represented in voicing an opinion. This is because she has the right to voice her opinion, so she can choose her representative; and moreover since the deputyship does not necessitate manhood, she has the right to represent those who elect her. .
也有证据证明,我们的圣门弟子欧麦尔(愿真主喜悦他)遇到问题时,总会征求穆斯林的意见,无论该问题涉及伊斯兰教法的律例、裁决,还是国家的任何政务。每当遇到难题,他便召集穆斯林到清真寺,男人和女人都在召集之列,并征求他们所有人的意见。当一位妇女在限定聘礼(mahr)数额的问题上反对他时,他便撤回了自己的主张。
It was also proved that our master ‘Umar used to seek the opinion of the Muslims when a problem faces him, whether it related to the ahkam Shariah or the ruling or any of the actions of the State. When a problem faced him he used to call the Muslims to the masjid, and he used to call the men and women, and seek the opinion of all of them. He withdrew his opinion when a woman opposed him regarding limitation of the mahr..
非穆斯林与穆斯林一样,有权在乌玛的议会中获得代表,并作为其选民的代表进入议会,以便代表他们表达意见,就伊斯兰教律例被不当施加于他们的情况,以及统治者可能对他们施加的压迫,发表看法。
Non-Muslims have the right like the Muslims to be represented in the council of the Ummah, and to be representatives of their electorate in it, so as to express the opinion on their behalf regarding the misapplication of the rules of Islam upon them, and the oppression of the ruler that might fall upon them. .
然而,非穆斯林不得在与立法相关的事务中发表意见,因为伊斯兰立法源自伊斯兰信仰(阿qeedah)。它是一系列实践性的神圣律例,这些律例由其详尽的证据推导而来,依照伊斯兰信仰所规定的特定观点来处理人类的问题。非穆斯林所信奉的是一种与伊斯兰信仰格格不入、相互矛盾的学说,他对生活的看法也与伊斯兰的观点相悖,因此在立法事务上不应征求他的意见。
However, non-Muslims would not be allowed to voice their opinion in matters related to legislation, because the Islamic legislation emanates from the Islamic aqeedah. It is a host of practical divine rules deduced from their elaborate evidences, which treat human problems according to a specific viewpoint outlined by the Islamic Aqeedah. The non-Muslim embraces a doctrine that is alien and contradictory to the Islamic Aqeedah, and his viewpoint about life contradicts the Islamic viewpoint, so his opinion is not sought in matters of legislation. .
非穆斯林同样无权选举哈里发,也无权参与确定哈里发候选人名单的遴选,因为他在统治权上没有任何权利。至于属于乌玛议会强制职权范围内的其他事务,非穆斯林在这些事务上以及对其发表意见方面,与穆斯林一样。
The non-Muslim also does not have the right to elect the Khalifah, nor to participate in the short listing of the candidates from whom the Khalifah is to be elected, for he has no right in the ruling. As for other matters that form part of the Ummah's Council mandatory powers, he is just like the Muslim in these matters and in voicing an opinion regarding them.