13.1 协商的权利
13.1 The right of the Shura
协商(舒拉)是所有穆斯林的权利,哈里发应当履行。穆斯林有权被征询意见,哈里发应当向他们咨询并与他们协商。安拉(SWT)说:“你要在事务上与他们协商;你决定之后,就当信赖安拉。”[《古兰经》3:159] 先知穆罕默德ﷺ常常征询众人的意见,与他们商议。在白德尔战役之日,他就战场的位置与众人协商;在乌侯德战役之日,他就是在麦地那城内还是城外迎战与众人协商。在白德尔之日,他采纳了哈巴卜·本·蒙迪尔的建议,此人对一项专业性的看法作出了判断,先知ﷺ接受了这一意见。在乌侯德之日,尽管他个人的看法不同,他仍然接受了多数人的意见。
Shura is a right of all the Muslims that the Khaleefah should fulfil. They are entitled to be consulted and the Khaleefah should refer to them and consult them. Allah (swt) says; “And do consult them in the matter, and if you decide (on an action/on an opinion) put your trust in Allah.” [TMQ Al-Imran: 159] The Messenger of Allah (pbuh) used to refer to people and consult with them. He (pbuh) consulted them on the day of Badr about the location of the battlefield and He consulted them on the day of Uhud about whether to fight inside or outside Madinah. On the day of Badr He took the advice of Habab bin Al- Munthir regarding a technical opinion voiced by an expert that He accepted. On the day of Uhud He accepted the opinion of the majority, despite the fact that his personal opinion was different.
‘Umar bin Al-Khattab 就伊拉克的土地征询穆斯林的意见:是将其作为战利品在穆斯林之间分配,还是让其居民继续占有,但须缴纳哈拉只税,而土地仍归国库所有。他随后依据自己的伊ither提哈德(独立判断)作出决定,大多数圣门弟子也表示赞同,于是他让土地留在居民手中,并命令他们缴纳哈拉只税。他还因针对Sa’d Ibnu Abi Waqqas的申诉而将其免职,并说:“我罢免他并非因为背叛或软弱。” 穆斯林不仅有权被哈里发征询意见,也应当就统治者的行为与操守对其加以监督问责。安拉(swt)命令穆斯林监督统治者,并极力指示他们:若统治者侵犯民众的权利,怠忽对民众的职责,忽视民众的任何事务,违背伊斯兰的律例,或以非安拉所降示的律法统治,穆斯林就应当坚定地对其加以抵制。 穆斯林圣训集载,乌姆·赛莱麦传述:安拉的使者ﷺ说:“将会有一些统治者,你们会认可他们的某些所作所为,也会反对他们的某些所作所为。认可者将免于罪责,反对者将得安全。但那些接受并追随他们所作所为的人,则不得安全。”圣门弟子问:“我们不能与他们作战吗?”他说:“不能,只要他们还在礼拜。” 圣门弟子在某些场合确实不赞同安拉的使者ﷺ的某些行为。‘Umar 强烈反对侯代比亚和约中的条款,即:“凡从古莱氏来投奔穆罕默德ﷺ的人,未经其监护人许可,都要遣返回去;凡从穆罕默德ﷺ身边投奔古莱氏的人,则不予遣返。”伊本·希沙姆在《先知传记》中引用az-Zuhri的记载报道了此事。 穆斯林,尤其是欧麦尔,起初都不赞成艾布·伯克尔决定与叛教者作战的做法。当他们得知艾布·伯克尔打算指定欧麦尔为继任者时,塔勒哈和祖拜尔也不赞成他的做法。
‘Umar bin Al-Khattab consulted the Muslims regarding the land of Iraq, whether to divide it among the Muslims because it was booty or to leave it in the hands of its people with the condition that they paid its Kharaj while the land remains the property of the Treasury. He then acted according to his own Ijtihad and most of the Sahabah approved of it, so He left the land in the hands of its people and ordered them to pay the Kharaj. He also removed Sa’d Ibnu Abi Waqqas from his Wilayah because of complaints against Him and He said; “I did not remove Him because of a betrayal or a weakness.” As well as having the right to be consulted by the Khaleefah, the Muslims should also hold the rulers accountable for their actions and conduct. Allah (swt) has commanded the Muslims to hold the rulers accountable and He (swt) strongly directed them to be firm with them if they violated the rights of the citizens, if they neglected their duties towards them, if they ignored any of their affairs, disagreed with the Ahkam (laws) of Islam or governed with other than what Allah brought down. Muslim narrated from Umm Salamah that RasoolAllah (pbuh) said “‘There will be ameers, you recognise (something of what they do) and you reject (some). Whosoever recognised, He would be absolved (of sin) and whosoever rejected, He would be safe. But whosoever accepted and followed (what they do, He would not be safe).’ They (the Sahabah) asked ‘Shouldn’t we fight them?’ He said; ‘No, as long as they pray.’” The Sahabah on some occasions did disapprove of some of the Messenger of Allah’s (pbuh) actions. ‘Umar strongly protested against what came in the treaty of Hudaybiyah, namely the part which states; “Any one who comes to Muhammad from Qur’aysh without the permission of his guardian would be returned to them, and whoever comes to Qur’aysh from among those who were with Mohammad they would not return Him back.” Ibnu Hisham in the Seerah reported this from Az-Zuhri. The Muslims, especially ‘‘Umar, at first disapproved the action of Abu Bakr when He decided to fight the apostates. Talha and Az-Zubayr also disapproved of his action when they learned that He was to nominate ‘Umar after him.
比拉勒·伊本·拉巴赫、祖拜尔以及其他人,都不赞同欧麦尔不将伊拉克的土地分给征战者的决定。欧麦尔决定将聘礼定为400迪拉姆时,也有一位妇女向他提出异议,她对他说:"欧麦尔啊,这不是你说了算。你没有听到真主(SWT)的话吗:'即使你们已将一大堆财产给了她们作聘礼,也不可从中拿回任何东西'[TMQ An-Nisa’: 20]?"欧麦尔听后说:"这位妇女是对的,欧麦尔错了。"因此,乌玛议会有权被咨询,并有义务监督统治者。
Bilal Ibnu-Rabah, Az-Zubayr and others disapproved the action of ‘Umar when He decided not to divide the land of Iraq among the fighters. A woman also challenged ‘Umar when He decided to fix the dowries at 400 Dirhams, when she said to him: “‘O ‘Umar, it is not up to you. Did you not hear Allah’s (swt) saying “Even if you gave them (your wives) a whole treasure for dowery, do not take any of it” [TMQ An-Nisa’: 20]?’ Upon this, ‘Umar said; ‘The woman is right and ‘Umar was wrong.’” Therefore, the Council of the Ummah has the right to be consulted, and is obliged to hold the rulers accountable.