4.6 哪些人可以缔结哈里发(Khilafah)的契约?
4.6 By which people is the Khilafah contracted
通过考察哈里发·拉希德们的效忠宣誓(Bay'ah)以及圣门弟子的共识(Ijmaa'),可以得出结论:哈里发职位是通过效忠宣誓确立的。在对艾布·伯克尔的效忠中,麦地那的显要人物,即"解与结者"(Ahlul Hall Wal 'Aqd),其效忠就足以确立哈里发职位。当时没有征询麦加穆斯林的意见,也没有征询阿拉伯半岛其他地区居民的意见,甚至没有询问他们对此事的看法。对欧麦尔的效忠也是如此。至于对奥斯曼的效忠,阿卜杜勒·拉赫曼·本·奥夫询问了麦地那穆斯林的意见,他并不满足于只询问显要人物。在对阿里的效忠宣誓时,麦地那和库法的大多数人都向他效忠,他也是通过效忠宣誓被单独确立的。对于那些反对他并与他作战的人,他的效忠依然有效,因为他们从未把效忠交给另一个人,也没有反对他的效忠。他们只是要求为奥斯曼的血(即他被杀之事)讨还公道。因此,对他们的裁定是:他们是因某一特定问题而背离哈里发的叛乱者。在这种情况下,哈里发必须向他们解释情况,并与他们作战。这些叛乱者并没有另立哈里发。
From reviewing what took place in the Bay’ah of the Khulafaa’ Ar- Rashidoon and the consensus of the Sahabah (Ijmaa’), one can conclude that the Khilafah is contracted by the Bay’ah. In the Bay’ah to Abu Bakr, the Bay’ah from the influential figures amongst the Muslims, (Ahlul Hall Wal ‘Aqd) in Madina alone was enough to contract the Khilafah. The Muslims of Makkah were not consulted, nor were those living in other parts of the Arabian Peninsula, indeed they were not even asked about their opinion concerning the matter. This was also the case in the Bay’ah to ‘Umar. With regards the Bay’ah to ‘Uthman, ‘Abdul Rahman Ibnu ‘Awf asked the Muslims of Madina regarding their opinion and He did not merely content himself by asking the influential people. When the Oath was taken for ‘Ali, most of the people of Madina and Kufa gave him their Bay’ah, and He was singled out in the Bay’ah. His Bay’ah was valid even for those who opposed him and fought against him because they never actually gave their Bay’ah to another man nor did they object to his Bay’ah. They rather demanded revenge for the blood of ‘Uthman (for his killing). So the verdict regarding them was that they were rebels who withdrew from the Khaleefah over one particular issue. In this instance the Khaleefah had to explain the situation to them and fight against them. These rebels did not establish another Khilafah.
所有这些都发生在过去——麦地那人向哈里发宣誓效忠(拜亚),而排除了其他地区的人,此事发生时有圣门弟子在场。没有人反对,也没有人谴责将此事限定于麦地那人。这被视为圣门弟子的一致共识(伊制玛尔),即代表穆斯林意见的人在统治事务上可以确立哈里发。原因很简单:当时麦地那的显要人物和大多数民众,就是伊斯兰国所有领土上代表乌玛在统治事务上意见的大多数人。
All of this occurred in the past - the Bay’ah for the Khaleefah by the people of the capital to the exclusion of the other regions - in the presence of the Sahabah. Nobody objected to or condemned that such action be confined to the people of Madina. This is considered to be a general consensus of the Sahabah (Ijmaa’) that states that those who represent the Muslims’ opinion in matters relating to ruling can contract the Khilafah. This is simply because the influential people and the majority of the people of Madina, were the majority of those who represented the opinion of the Ummah regarding the ruling matters, all over the territories of the Islamic State at the time.
因此,若哈里发的誓效(拜尔阿)是从伊斯兰乌玛多数的代表那里取得的,那么哈里发职位便告缔结。这些人生活在(最后一位)哈里发的统治之下,而现在要为其寻找继任者,正如拉希德哈里发时期的情形那样。他们的誓效构成缔约之誓效;而对其他人而言,一旦哈里发职位已经缔结,他们的誓效便被视为服从之誓效,即效忠于哈里发的誓效,而非缔约之誓效。
Therefore, the Khilafah is contracted if the Bay’ah was taken from those who represent the majority of the Islamic Ummah that lives under the authority of the (last) Khaleefah, in whose place another Khaleefah is sought to be appointed, as it was the case at the time of the Khulafaa’ Ar- Rashidoon. Their Bay’ah would constitute a Bay’ah of contract, while for the others, once the Khilafah has been contracted; their Bay’ah would be classed as a Bay’ah of obedience, i.e. a Bay’ah of allegiance to the Khaleefah and not a Bay’ah of contract.
如果曾经有一位哈里发去世或被罢免,因而需要寻找新的哈里发来接替他,情况就会是这样。然而,如果当时根本没有哈里发在位,而穆斯林有义务为自己任命一位哈里发,以实施沙里亚的律法并向全世界传播伊斯兰的召唤,那情况就不同了。自从1343年回历(公元1924年)伊斯兰哈里发制度在伊斯坦布尔被摧毁以来,情况一直如此。伊斯兰世界的每个国家都有资格向一位哈里发效忠宣誓(Bay'ah),从而将哈里发之位缔结于他。如果伊斯兰世界中的任何一个国家向一位哈里发效忠宣誓,哈里发之位因而缔结于他,那么生活在其他所有国家的穆斯林就有义务向他效忠服从,即在他所在国的穆斯林效忠宣誓、哈里发之位缔结于他之后,向他宣誓效忠。无论该国的规模大小,无论是埃及、土耳其、印度尼西亚那样的大国,还是约旦、突尼斯、黎巴嫩那样的小国,皆是如此。不过,该国必须满足四个条件:
This would be the case if there was a Khaleefah who died or was removed and a new Khaleefah was sought to replace him. However, if there was no Khaleefah at all in office, and the Muslims were under obligation to appoint a Khaleefah for them to implement the rules of the Shar’a and to convey the Islamic call to the world. This has been the case since the destruction of the Islamic Khilafah in Istanbul in the year 1343 Hijri (1924). Every country in the Islamic world would be eligible to give Bay’ah to a Khaleefah and thus the Khilafah would be contracted to him. If any country throughout the Islamic world gave Bay’ah to a Khaleefah and the Khilafah was contracted to him, then it would become an obligation on all the Muslims living in all the other countries to give him the Bay’ah of obedience, i.e. the Bay’ah of allegiance after the Khilafah was contracted to him by the Bay’ah of the Muslims in his country. This is regardless of the size of that country, big like Egypt, Turkey and Indonesia or small like Jordan, Tunisia and Lebanon. However, this country must fulfill four conditions:
首先,该国的权力必须依靠穆斯林自身,而不应依赖非伊斯兰国家或非伊斯兰势力的影响。
Firstly. The authority in that country must depend on the Muslims only and should not depend on a non-Islamic country or a non-Islamic influence.
其次,该国穆斯林的安全必须以伊斯兰的名义来保障,而非以库夫尔的名义。这意味着,无论是抵御国内还是国外的威胁,对国家的保护都应当仅由穆斯林武装力量以纯粹伊斯兰力量的身份来实施,作为对伊斯兰的保护。
Secondly. The security of the Muslims in that country must be guaranteed in the name of Islam, not in the name of Kufr. This means that the protection of the country against domestic or foreign threat should be a protection of Islam solely by a Muslim force, in its capacity as a purely Islamic force.
第三,伊斯兰的落实应当立即生效,并且全面而彻底地进行;该国也必须参与传播伊斯兰的召唤。
Thirdly. The implementation of Islam should take place with immediate effect in a comprehensive and radical manner, and that country must be involved in conveying the Islamic Call.
第四,哈里发必须履行一切契约性条件;但他无需履行优先性条件,因为真正重要的是契约的条件。
Fourthly. The Khaleefah must fulfil all the contractual conditions; although He needs not fulfil the conditions of preference, since what really matters are the conditions of the contract.
如果那个国家满足这四个条件,那么仅凭该国的宣誓效忠(Bay'ah)就足以建立哈里发制度,即便它并不代表伊斯兰乌玛中大多数有影响力的人物。这是因为建立哈里发制度是一项集体义务(Fard Kifayah),谁合法地履行了这项义务,谁就完成了这项义务。然而,要求宣誓效忠须由大多数有影响力的人物作出,只适用于哈里发制度已经存在、需要为已故或已被罢免的哈里发寻找继任者的情形。但如果根本不存在哈里发制度,我们谋求建立一个,那么只要它被合法地建立,哈里发职位就应授予符合契约条件的任何哈里发,而不论给予他宣誓效忠的穆斯林有多少。因为在那个时候,重要的是完成一项穆斯林长期疏忽、已超过三天的义务。他们对这项义务的疏忽,会剥夺他们选择自己所愿之人的权利。因此,在这种情况下,谁履行了这项义务,就足以使哈里发职位由他们来确立。 一旦哈里发制度在那个国家建立起来,且哈里发职位实际上已授予某位哈里发,所有穆斯林都有义务归附哈里发的旗帜之下,并向哈里发宣誓效忠,否则他们在安拉(SWT)面前就是有罪的。哈里发应当邀请他们向自己宣誓效忠。如果他们拒绝,那么叛乱者(Bughat)的裁决就适用于他们,哈里发应当与他们作战,直到他们归顺于他的效忠之下。 如果在该国,或在其他任何国家,第一位哈里发已经获得效忠宣誓(Bay'ah),且哈里发职位已依法合法地授予他,并满足了四个条件,那么若有人向第二位“哈里发”效忠宣誓,穆斯林便有义务与这位第二位“哈里发”作战,直至他向第一位哈里发效忠宣誓为止。有圣训传自‘Abdullah Ibnu ‘Amru Ibn al-‘A‘as,他听到真主的使者ﷺ说:
Should that country satisfy these four conditions then the Bay’ah of that country alone would have established the Khilafah, even if it did not represent the majority of the influential people within the Islamic Ummah. This is because establishing the Khilafah is an obligation of sufficiency (Fard Kifayah), and whoever performs that duty legitimately would then have accomplished the obligation. However, stipulating that the Bay’ah should be by most of the influential people would only apply if the Khilafah existed and a Khaleefah was sought to succeed the deceased Khaleefah or one who had been removed. But if there was no Khilafah at all and we sought to establish one, then the fact that it was established legitimately, the Khilafah would be contracted to any Khaleefah who fulfilled the contractual conditions, regardless of the number of Muslims who had given him the Bay’ah. For what matters at that point in time is the establishment of a duty that Muslims have neglected for a period that has exceeded three days. Their neglect of that duty would strip them of their right to choose whom they want. Therefore, under these circumstances, whoever performs the duty would be enough for the Khilafah to be contracted by them. Once the Khilafah was established in that country, and the Khilafah was effectively contracted to a Khaleefah, all the Muslims would be obliged to come under the banner of the Khilafah and give their Bay’ah to the Khaleefah, otherwise they would be sinful before Allah (swt). The Khaleefah should invite them to give the Bay’ah to him. If they were to refuse then the verdict regarding the rebels (Bughat) would apply on them, and the Khaleefah should fight against them until they entered under his loyalty. If the Bay’ah were to be given to another Khaleefah in that country, or in any other country for that matter, once the Bay’ah had been given to the first Khaleefah, and the Khilafah had been legitimately contracted to him with the four conditions being fulfilled. The Muslims would then be obliged to fight against the second ‘Khaleefah’ until He had given his Bay’ah to the first Khaleefah. It has been narrated on the authority of ‘Abdullah Ibnu ‘Amru Ibn al-‘A‘as that He heard the Messenger of Allah (pbuh) say:
“凡向某位伊玛目立下效忠之誓、伸出手与他相握、并以内心的诚挚相许者,只要他能力所及,就应当服从他;若有另一人前来与他争夺权位,你们就应当斩杀那人的头颈。”哈里发也是将穆斯林团结在伊斯兰旗帜之下的人。因此,一旦哈里发制度得以建立,穆斯林的团体(Jama'ah)便已存在,加入这一团体便成为穆斯林的义务,而与之疏离则是罪过。布哈里和穆斯林圣训集都从伊本·阿拔斯处传述,先知ﷺ说:
“Whoever pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as He can, and if another comes to dispute with him you must strike the neck of that man.” The Khaleefah is also the one who unites the Muslims under the banner of Islam. So once the Khilafah was established, the Jama’ah (community) of the Muslims would have existed, and it becomes an obligation upon the Muslims to join it, and it is a sin to alienate oneself from it. Al-Bukhari and Muslim narrated from Ibnu ‘Abbas that the Messenger of Allah (pbuh) said:
“若有人看到他的埃米尔(领导者)有令他不悦之事,就当忍耐,因为凡是离开jama‘ah(团体)哪怕一虎口之远,然后死去的人,他是以jahiliyyah(蒙昧时代)的方式死去的。”穆斯林也根据伊本·阿拔斯的传述记载:安拉的使者ﷺ说:
“If anyone sees in his Ameer something that displeases him, let him remain patient, for behold! He who separates himself from the Jama’ah (community) by even so much as a hand span and dies thereupon He has died the death of Jahiliyyah.” Muslim also reported on the authority of Ibnu ‘Abbas that the Messenger of Allah (pbuh) said:
“如果有人看到他的埃米尔(领袖)做了令他不悦的事,就应当忍耐。因为,凡是与苏丹(权威)分离哪怕一握(手掌宽)之距,然后死去的人,他是死于蒙昧时期(Jahiliyyah)的死亡。”我们从这两段圣训中得知,遵从穆斯林集体(Jama'ah)和遵从苏丹(权威)是必须的。
“If anyone sees in his Ameer something that displeases him let him remain patient, for if anyone separates himself from the Sultan (authority) by even so much as a hand span and dies thereupon, He has died the death of Jahiliyyah.” We gather from these two Ahadith that adherence to the Jama’ah (the community) and to the Sultan (authority) is obligatory.
非穆斯林在效忠宣誓(Bay'ah)中没有任何权利。这是因为该效忠宣誓是以伊斯兰为基础的,即以安拉的经典和祂的使者ﷺ的圣训(Sunnah)为基础。它要求对伊斯兰、对经典和圣训持有信仰(Iman)。非穆斯林不能担任统治职位,也不能选举统治者,因为他们对穆斯林没有任何支配的途径(权力),并且他们在效忠宣誓中没有发言权。
The non-Muslims have no right in the Bay’ah. This is because it is a Bay’ah on Islam, i.e. on the Book of Allah (swt) and on the Sunnah of His Messenger (pbuh). It necessitates Iman (belief) in Islam, in the Book and the Sunnah. The non-Muslims can’t be in the ruling positions nor can they elect the ruler, because there is no way (power) for them over the Muslims, and they have no say in the Bay’ah.