13.2 协商原则（Shura）的规定 - 伊斯兰的统治制度 | System Of Islam

13.2 协商原则（Shura）的规定 - 伊斯兰的统治制度 | System Of Islam

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13.2 协商原则（Shura）的规定

13.2 The rule of Shura

by Abdul Qadeem Zalloom3 min readViewed 155 times

"Shura"（协商）是动词"Shawara"（协商、征询意见）的动名词。它的意思是征求被咨询者的意见。当说"Istashara"时，意思是某人向另一个人请求建议。

Shura is the verbal noun of the verb ‘Shawara’, or consulted. It means seeking the opinion from the one who is consulted. When it is said ‘Istashara’, it would mean that one asked another for advice.

"Shura"和"Mashura"意思相同，"Mashawarah"也是如此。《Lisaan ul-Arab》（一部辞典的名称）中提到，说某人在"Mashura"和"Mashwara"方面表现良好是可以接受的。 Al-Farraa'也说：Mashura的词源是Mashwara，后来为了便于发音而转变为Mashura。 Al-Laith说：al-Mashwara属于Maf'ala的形式，它派生自al-Ishara。也有人说：Mashura与Shura和al-Mashwara相同。根据这一说法，shawartuhu（就某事而言）与istashartuhu意思相同。《Mukhtar us-Sihah》中提到：al-Mashwara即Ash-Shura，al-Mashura亦然。因此我们说shawarahu（在某事上）和istasharahu，意思相同。

Shura and Mashura have the same meaning, likewise is the Mashawarah. It was mentioned in Lisaan ul-Arab (name of a dictionary) that it is valid to say; a person is good in Mashura and Mashwara. Al-Farraa’ also said; the origin of Mashura was Mashwara then it was transformed to Mashura for it is easier (to pronounce). Al-Laith said; al-Mashwara is in the form of Maf’ala and it is derived from al-Ishara. It is also said; Mashura is the same as Shura and al-Mashwara. Based on this saying shawartuhu (regarding a matter) or istashartuhu, have the same meaning. It came in Mukhtar us- Sihah; al-Mashwara is Ash-Shura, as well as al-Mashura. Thus we say shawarahu in the matter and istasharahu, with the same meaning.

1. 安拉(swt)在前一节经文中所说的“Fil-Amr”(在事务中),指的是对各种事务都要协商。然而,义务(Wajibaat)、禁令(Muharramaat)以及由沙里亚阐明并明确规定的天启律例,都不容人的意见置喙,因此在这些事情上没有协商的余地。安拉(swt)是唯一的立法者(Musharri'),也是唯一的统治者,裁决权属于祂。祂(swt)说:“裁决只属于安拉。”[《古兰经》12:40] 祂(swt)又说:“你们应当遵从从你们的主降示你们的启示。”[《古兰经》7:3] 祂(swt)还说:“使者带给你们什么,你们就拿什么;他禁止你们什么,你们就停止什么。”[《古兰经》59:7] 除上述经文外,还有其他经文。所有这些都表明,民众在这些事务上的协商毫无实际价值,也没有余地。这说明这些律例限定了本节经文中“Al-Amr”(事务)一词的泛指含义。这也说明协商只限于“Mubah”(允许)的事务。这是一个证据,表明协商不具有决定性和约束力。

1. The saying of Allah (swt) in the previous verse “Fil-Amr” (in the matter) means consultation in every matter whatever its kind. However since duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar’a and specifically stated by it, have no place for human opinions about them, there is no scope for consulting about them, Allah (swt) is the only Legislator (Musharri’) and He is the only Ruler, and ruling (i.e. judgement) belongs to Him. He (swt) said; “Verily, Ruling is only for Allah.” [TMQ Yusuf: 40] He (swt) also said; “Follow that which was revealed to you from your Lord.” [TMQ Al-A’raf: 3] And He (swt) said; “And whatever the Messenger brought to you take it, and whatever He forbade you of leave it.” [TMQ Al-Hashr: 7. There are other verses in addition to the above. All this makes the consultation of the people over these matters of no real value and with no scope. This indicates that these rules restrict the ‘Aamm (general) meaning of the word “Al-Amr” (the matter) in this verse. This also indicates that the consultation is over Mubah. Matters alone. This represents evidence that dismisses the decisiveness and obligation away from Shura.

推荐性的协商（咨询，Shura）适用于其余的人为可允许（Mubah）的行为与事务。然而，对于那些在真主之书和祂的使者的逊奈中没有明文规定、需要研究与考察才能得出结论的伊斯兰教法规定，以及需要研究与审察的定义与技术性、学理性的问题，还有属于见解、战争与规划的事务，上述所有事项都应交由学者、专家和有经验的人来决定。关于这些事项，多数人或少数人的意见都不具有价值。此外，被咨询者的意见对人没有约束力。这一观点的依据有以下几点：其一，使者ﷺ在白德尔战役后就战俘问题咨询圣门弟子，并在已经降示的战俘裁决的各种选项中，从中选择了他所采取的做法。其二，艾布·伯克尔和欧麦尔（愿真主喜悦他们）在哈里发任内，每当发生事件或有案件提交到他们面前，而他们在真主之书和使者ﷺ的逊奈中找不到裁决时，便会求教资深的圣门弟子及其中的学者。其三，使者ﷺ采纳了筹·本·蒙济尔关于选择白德尔战役阵地的意见。

The Mandub recommended (consultation) Shura is undertaken with regards to the Mubah actions and matters. However, the divine rules regarding the matters over which there is no explicit text from the Book of Allah and the Sunnah of His Messenger and which need research and investigation so as to conclude them, as well as the definitions and the technical and intellectual matters which require research and scrutiny together with those matters related to opinion, warfare and planning, all of the above matters are referred to the scholars, the specialists and the people of experience. The opinion of the majority or the minority regarding them is of no value. In addition, the opinion of those who are consulted is not binding. This opinion is deduced from the Messenger (pbuh) when He referred to the Sahabah, consulting them regarding the prisoners of war at Badr in terms of which option He adopted from amongst the choices of the Hukm (rule) of the prisoners of war which was already revealed. It is also deduced from Abu-Bakr and ‘Umar (rta), during the term of their Khilafah, turning to the senior Sahabah and their scholars whenever an event happened or a case for judgement was brought to them, and they did not find a verdict about it in the Book of Allah and the Sunnah of His Messenger (pbuh). It is also taken from the acceptance of the Messenger (pbuh) of Al-Hubab bin Al-Munthir’s opinion in choosing the place of the battle of Badr.