任何持有该国国籍的人,只要是成年且神智健全,就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,是穆斯林还是非穆斯林。这是因为乌玛议会仅仅是人民在意见上的代表,并没有统治和立法的授权。既然议会是在表达意见方面的代表,伊斯兰国家的人民就有权委托他们所希望的任何人,只要此人在法律上具备代表资格。这就如同穆斯林和非穆斯林都有权就伊斯兰教法在他身上的错误适用,以及统治者可能对他实施的任何不公正行为发表意见一样。因此,他有权选择他所希望的任何代表,也有权代表他所希望的任何人。相应地,代表和被代表者不必都是穆斯林,可以是穆斯林,也可以是非穆斯林。正因如此,非穆斯林与穆斯林一样,只要持有该国国籍,就被允许选举乌玛议会的代表,无论其代表是穆斯林还是非穆斯林。

Any person who holds the citizenship of the State, if He was 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 was a man or a woman, a Muslim or non-Muslim. This is because the Council of the Ummah is the people’s representative in opinion only, and has no mandate to rule and legislate. Since the Council is the representative in voicing opinions, people in the Islamic State have the right to delegate whomever they wish from among those who lawfully qualify as representatives. This is just like the Muslim and the non-Muslim has the right to voice his opinion regarding the misapplication of the rules of Islam on him, and regarding any possible unjust act perpetrated against Him by the ruler. He therefore has the right to have any representative He wishes and to represent anyone He wishes. Accordingly, the representative and the represented do not have to be Muslims; they can be either Muslims or non-Muslims. This is why it is permitted for non-Muslims, just as it is for Muslims, to elect their representatives to the Council of the Ummah, whether Muslim or non-Muslim, as long as they hold the citizenship of the State.

此外,伊斯兰从纯粹的人的角度看待其统治之下的臣民,不论其教派、种族或性别。为他们设计的统治政策即建立在此基础之上,使统治有利于全人类,从而将人类从黑暗带入光明。因此,就神圣律法在所有人身上的执行而言,公民在权利和义务方面,以其作为人的身份而言是平等的。当法官裁决纠纷、统治者施政时,他们不能区别对待人,必须以公民的身份而平等对待每个人,除此之外别无其他考量。因此,每位公民都有权表达自己的意见,并选择代表来表达他的意见以及选举他的人的意见。这是因为安拉(swt)以伊斯兰向所有人发出了号召,是以他们作为人的身份,而非其他身份。祂(swt)说:“人类啊!你们的主已经给你们降下明证,我也给你们降下了明亮的光。”[TMQ An-Nisa’: 174] 祂(swt)又说:“人们啊!我是安拉派来给你们所有人的使者(pbuh)。” [TMQ Al- A’raf: 158]

Beside this, Islam looks upon the subjects under its authority from a purely human viewpoint, regardless of their sect, race, or sex. The ruling policies designed for them would be founded on this basis, so that the ruling is for the benefit of humanity, thereby taking it out of the darkness into the light. The citizens are thus equal in terms of rights and duties related to the human in his capacity as a human, as far as the implementation of the divine rules on everyone is concerned. When the judge settles the disputes and when the rulers rule, they cannot differentiate between people, they must treat them as equals in their quality as citizens and nothing else. Each citizen therefore has the right to voice his opinion and to choose his representative to express his opinion and those who elected him. This is because Allah (swt) has addressed all people with Islam in their quality as humans and nothing else. He (swt) says; “O you people, a proof has come to you from your Lord, and we have revealed to you a shining light.” [TMQ An-Nisa’: 174] And He (swt) also says; “O you people, I am the Messenger of Allah (pbuh) sent to all of you.” [TMQ Al- A’raf: 158]

学者们一致认为,特别是法理学(Usul,即法源学)学者,神圣的律例针对每一位能够理解经文话语的神智健全之人,无论其是否为穆斯林,无论男女。这是就非穆斯林而言的。至于女性加入乌玛议会(Majlis al-Ummah),是因为乌玛议会不属于统治范畴,不受涉及女性监护权的先知穆罕默德ﷺ圣训的约束。还有确证表明,欧麦尔遇到问题需要提请注意并希望与穆斯林协商时,无论该问题关乎神圣律例(立法),还是关乎统治或国家的其他事务,他都会召集穆斯林到清真寺,召集男女,向他们所有人征求意见。有一次,当一位女性指出他关于限定聘礼的做法是错误的时,他便改变了自己的看法。 在先知穆罕默德ﷺ受命后的第十三年,即他迁徙的那一年,有七十五名穆斯林来到先知ﷺ面前,其中有两名女性,他们都向先知ﷺ宣誓了第二次阿格拜誓约,这是一次关于战争与斗争的誓约,也是一次政治性的誓约。他们都宣誓之后,先知ﷺ对他们说:“从你们中间为我选出十二位首领(Nuqaba'),由他们为自己和自己的族人负责。”这一命令面向所有人,从在场的每一个人中间选出。先知ﷺ没有specify这些人应当是男性还是女性,他既没有排除女性,无论是在选择者方面还是被选者方面。绝对(Mutlaq)的律例应当按其绝对性来理解,除非有证据加以限定;一般(A'aam)的律例也应当按其一般性来理解,除非有证据加以特指。在此例中,该言辞是绝对的,也是一般的。 没有任何证据表明有任何限定或限制,这说明使者(愿主福安之)命令这两位女性选举纳给布(首领),并赋予她们在穆斯林中被选为纳给布的权利。使者(愿主福安之)曾坐下来向人们收取效忠宣誓(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effect效忠宣誓。这一效忠宣誓是关于统治的,而非关于伊斯兰的,因为女性早已是穆斯林。在Hudaybiyah的Ridhwan效忠宣誓之后,女性也向他作了效忠宣誓。真主(SWT)说:“先知啊!当信道的妇女到你这里来,与你立誓:她们不以任何物配主,不偷盗,不通奸……”[TMQ Al-Mumtahinah: 60] 这一效忠宣誓同样是关于统治的,因为《古兰经》预先确定了她们是信士,而这一效忠宣誓是关于不违抗真主在任何合理之事上的命令。

The scholars have agreed, especially the scholars of Usul (foundations), that the divine rules are addressed to every sane person able to understand the speech, whether He is Muslim or not, male or female. This is as far as the non-Muslims are concerned. As regards the membership of Women to the Council of the Ummah, this is because the Council of the Ummah is not part of ruling and is not subject to the Hadith of the Messenger of Allah (pbuh) which relates to the woman’s guardianship. It has also been confirmed that when ‘Umar had a problem brought to his attention and He wanted to consult the Muslims about it, whether the problem was related to the divine rules (legislation) or related to ruling or any other matter that concerned the State, He would summon the Muslims to the Masjid, and He would summon both men and women and ask them all for their opinion. He, on one occasion, reversed his opinion when a woman pointed out to Him that it was wrong to fix the Doweries. In the thirteenth year of the Messenger of Allah’s (pbuh) Prophethood, the year He emigrated, there came to the Him (pbuh) seventyfive Muslims, among whom were two women, and they all gave Him the second Bay’ah of Al-’Aqaba, which was a Bay’ah of war and fighting and a political Bay’ah. Once they had all given their Bay’ah, He said to them; “Bring me twelve Chiefs (Nuqaba’a) from among you who would be responsible for themselves and their folk.” This order was addressed to everyone, to select from among everyone present. He (pbuh) did not specify whether they should be men or women and He did not exclude the women, neither in regard to who was to 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 A’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 Nuqabah (Chiefs), and gave them the right to be chosen as Nuqabah from amongst the Muslims. 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 Bay’ah. This Bay’ah was one on ruling and not on Islam, for the women were already Muslims. After the Bay’ah of the Ridhwan in Hudaybiyah the women gave Him their Bay’ah too. Allah (swt) 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).” [TMQ Al-Mumtahinah: 60] This Bay’ah was also over ruling, because the Qur’an pre-determined that they were believers, and the Bay’ah was over not disobeying Him in any ma’roof.

此外,女性有权委托他人代其表达意见,也有权被他人委托,因为她有权表达自己的意见,因此她可以就此选择自己的代表。这也是因为代理(Wakala)并不要求男性身份,所以她有权代表他人。

Moreover, the woman has the right to delegate somebody in voicing her opinion, and for somebody to delegate her, because she has the right to voice her opinion, so she can choose her representative over it. It is also because the Wakala (representation) does not necessitate manhood, thus she has the right to represent others.

尽管如此,非穆斯林在与立法相关的事务上仍不得发表意见,因为伊斯兰立法源自伊斯兰的'aqeedah(信仰)。它是一系列实际的神圣律例,这些律例由其详尽的证据推导而出,依照伊斯兰信仰所确立的特定观点来处理人类的问题。非穆斯林信奉的是一种与伊斯兰信仰相异且相悖的学说,他对人生的看法与伊斯兰的观点相矛盾,因此在立法事务上不应征询他的意见。

Despite all this, 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 the human’s 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.

非穆斯林无权选举哈里发，也无权参与确定哈里发候选人名单的筛选，因为他在统治权方面没有任何权利。至于属于乌玛议会强制性职权范围内的其他事务，非穆斯林在这些事务上与穆斯林一样，可以就此发表意见。

The non-Muslim does not have the right to elect the Khaleefah, nor to participate in the short listing of the candidates from whom the Khaleefah is to be elected, for He has no right in the ruling. As for other matters that form part of the Council of the Ummah’s mandatory powers, He is just like the Muslim in these matters and in voicing an opinion regarding them.