13.7 言论自由与表达意见的权利
13.7 The right of speech and expression of opinion
伊斯兰教法允许的范围内,乌玛议会的每位成员都有权按照自己的意愿发表意见、表达观点,不受任何压力。该成员是穆斯林的代表,负有表达意见和监督统治者的责任。他的职责是密切关注哈里发、国家的任何统治者,以及国家各部门和机构的任何公务员的活动。他对所有这些人进行监督,向他们提供建议,表达意见,提出主张,与他们展开辩论,并反对国家所做的一切错误行为。他这样做是代表穆斯林进行的,因为穆斯林有义务command善、戒恶,监督统治者,并向他们提供建议和意见,这是穆斯林的责任。安拉(SWT)说:“你们是被产生于人类的最优秀的民族,你们命人行善,禁人作恶。”[《古兰经》第3章《阿里·伊姆兰》110节]安拉(SWT)还说:“他们是这样的人:如果我使他们在大地上得到权力,他们就谨守拜功,完纳天课,劝人行善,禁人作恶。”[《古兰经》第22章《朝觐》41节]安拉(SWT)又说:“你们当中当有一群人号召行善,命人行义,戒人作恶。” [TMQ Al-Imran: 104]
Every member of the Council of the Ummah has the right to speak and voice an opinion as He wishes without any pressure and within the limits allowed by Shari’ah. The member would be a representative of the Muslims with responsibility for voicing opinions and in holding the rulers accountable. His job would be to study closely the activities of the Khaleefah or any ruler in the State or any civil servant in any of the State’s departments and offices. He holds all of them accountable, giving them advice, voicing opinions and presenting suggestions, and entering into debates with them, together with objecting to all the wrong actions performed by the State. He would do all this on behalf of the Muslims who are obliged to enjoin what is good and forbid what is evil, and to hold the rulers accountable, giving them advice and suggestions, because this is the duty upon the Muslims. Allah (swt) says; “You are the best of peoples, raised up for mankind, enjoining what is right and forbidding what is wrong.” [TMQ Al-’Imran: 110] And He (swt) says; “They are those who, if we establish them in the land, establish regular prayers and give Zakat, enjoin the right and forbid the wrong.” [TMQ Al-Hajj: 41] Allah (swt) also says; “And let there arise from amongst you a band of people inviting to all that is good, enjoining what is right and forbidding what is wrong.” [TMQ Al-Imran: 104]
许多圣训都表明劝善戒恶是应尽的义务,例如先知穆罕默德ﷺ说:"凭掌管我灵魂的主发誓,你们必须劝善戒恶,否则真主会降下来自祂的惩罚,那时你们祈祷,祂也不会应允。"[艾哈迈德以忽宰法为传述人所载]他ﷺ还说:"你们中若有人看见恶事,就当用手去改变;若不能,就用舌头去改变;若还不能,就用心去憎恶,而这是信仰最薄弱的程度。"[穆斯林以艾卜·赛义德为传述人所载]这些经文和圣训都命令穆斯林劝善戒恶。追究统治者的责任,也是劝善戒恶的一部分。有些圣训甚至明确命令要追究统治者的责任,这凸显了这一义务的重要性。艾哈迈德的母亲乌姆·阿提雅(Umm ‘Atyya)以艾卜·赛义德为传述人,传述真主的使者ﷺ说:"最好的圣战是在暴虐的统治者面前说一句真理之言。"这段圣训是关于谴责统治者以及当面说出真理之言的义务,并将其视为最好的圣战形式。真主的使者ﷺ鼓励这种圣战,并极力推崇,即便它可能导致牺牲生命,正如可靠的(沙希赫)圣训所述,他ﷺ说:"殉道者之首是哈姆扎,还有一个人站出来劝告暴虐的统治者,结果被杀害。"圣门弟子愿真主喜悦他们,确实曾追究真主使者ﷺ的责任,也追究正统哈里发的责任。真主的使者ﷺ没有因他们追究自己而责备他们,正统哈里发也没有。真主的使者ﷺ在白德尔之役中采纳了罕巴卜·本·蒙齐尔的建议。 在乌侯德战役中,他(愿主赐福他并使他平安)ﷺ采纳了多数人的意见,即主张在麦地那城外迎战古莱氏人,尽管他本人的看法并非如此。在侯代比亚那天,穆斯林强烈反对,尤其是欧麦尔;在侯奈尼战役中,安索尔因先知(愿主赐福他并使他平安)ﷺ将战利品分给他希望借此争取其心归向伊斯兰的新入教者,而自己的份额却未被分配,而心生不满。
Many Ahadith have been reported that indicate the obligation of enjoining the Ma’ruf and forbidding the Munkar, such as Prophet Muhammad’s (pbuh) saying; “By He Who owns my soul, you must enjoin the Ma’ruf and forbid the Munkar, or Allah may inflict upon you a punishment from Him, you would then supplicate to Him and your supplication would go unanswered.” [Narrated by Ahmad on the authority of Huzayfah] He (pbuh) also said; “If anyone among you sees a Munkar, let Him change it with his hand; if He could not, let Him then change it with his tongue; and if He could not, then with his heart, and that is the least of Iman.” [Narrated by Muslim on the authority of Abu Sa’id] These Ayaat (verses) and Ahadith command the Muslims to enjoin the Ma’ruf and forbid the Munkar. Holding the rulers accountable is part of enjoining of the Ma’ruf and forbidding of the Munkar. Some Ahadith in fact specifically order the holding of the rulers accountable, this highlights the importance of such a duty. Umm ‘Atyya reported on the authority of Abu Sa’id that the Messenger of Allah (pbuh) said; “The best of Jihad is a word of truth before a tyrant ruler.” This is a text regarding the censure of the ruler and the obligation of uttering the word of truth in his face, considering it as the best form of Jihad. Allah’s Messenger (pbuh) exhorted this type of Jihad and made it very desirable even if it led to the loss of life, as mentioned in the sound (Sahih) Hadith, where He (pbuh) said; “The master of martyrs is Hamza, and a man who stood up to a tyrant ruler to advise him, and was killed.” The Sahabah, may Allah be pleased with them, did hold the Messenger of Allah (pbuh) accountable, and they held the Khulafaa’ Ar-Rashidoon accountable too. The Messenger of Allah (pbuh) did not censure them for holding Him accountable nor did the Khulafaa’ Ar-Rashidoon. The Messenger of Allah (pbuh) took the advice of Al-Habab bin Al-Munthir in the battle of Badr. At Uhud, He (pbuh) went along with the opinion of the majority who suggested that they should confront Qur’aysh outside Madinah, despite the fact that He (pbuh) saw otherwise. On the day of Hudaybiyah, the Muslims objected strongly, especially ‘Umar, and at Hunayn, where the Ansar were angered by the fact that the Messenger of Allah (pbuh) handed out the booties to the new Muslims whom He wanted to win over their hearts to Islam, without allocating a share for them.
当圣门弟子们在讲台上时,曾就'Umar分配也门披风的方式向他问责。当他试图规定聘礼数额时,一位妇女对他提出异议;在伊拉克、叙利亚和埃及被征服之后,他拒绝分配这些土地,圣门弟子也对此表示反对。Bilal和Az-Zubayr是主要的反对者,'Umar与他们进行辩论,并与其他圣门弟子协商,直到他们信服为止。
The Sahabah held ‘Umar accountable while He was standing on the pulpit because of the way He divided the Yemeni cloaks. A woman challenged Him when He tried to fix the doweries and the Sahabah also objected to his refusal to divide the lands of ‘Iraq, Ash-Sham and Egypt after they had been conquered. Bilal and Az-Zubayr where among the main objectors and ‘Umar debated with them and consulted other Sahabah until they were convinced.
任何一位身为穆斯林整体代表的“乌玛议会”成员,都有权依其意愿在议会中发言,并按其所愿表达自己的看法,不受任何阻碍或压力。他有权追究哈里发、穆阿温、瓦里以及任何公务员的责任。只要他在追究统治者责任和表达意见的角色中遵守伊斯兰教法的规定,他们就有义务回应他。
Any member of the Council of the Ummah, as a representative of the Muslims at large, has the right to speak in the Council as He pleases, and to voice his opinion as He wishes, without any hindrance or pressure. He has the right to hold the Khaleefah accountable, as well as the Mu’awin, the Waali and any civil servant. They are obliged to answer Him as long as He is abiding by the rules of Shar’a in his role of holding the rulers accountable and of voicing his opinion.