8.3 内部安全部门
8.3 Internal security department
内部安全部负责与安全相关的一切事务。它通过动用武装部队来维护国内安全。实际上,警察才是维护安全的主要机构。内部安全部可以在其认为适当时调动警察,其命令立即具有约束力。如果警察需要武装部队的协助,应向哈里发提交请求。他可以下令军队协助内部安全部,或为其提供一支军事力量以协助维持安全,也可以下达他认为适当的任何命令。他同样有权拒绝此类请求,并要求警察自行完成任务。内部安全部是负责维护国家安全的机构。可能导致国内安全遭到破坏的行为包括:背离伊斯兰教(叛教)、以破坏性活动表现出来的反抗国家行为,以及罢工或占领国家重要场所等破坏行为,以及对私人、公共或国家财产的侵害。
The Department of Internal security is responsible for anything pertaining to security. It undertakes to maintain security within the country by the use of the armed forces. The police are, in fact, the main body responsible for maintaining security. The Internal Security Department can use the police whenever they see it fit and their order is immediately binding. If the police require the help of the armed forces, submit a request to the Khaleefah. He can order the army to help the internal security department or to provide it with a military force to help it in maintaining the security, or He can issue any order He sees fit. He is also entitled to refuse such requests and demand that the police carry out the task themselves. The Internal Security Department is the body responsible for maintaining the security of the state. The actions that could lead to a breach of internal security are apostasy from Islam, rebellion against the state manifested in destructive activities and actions of sabotage like strikes or the occupation of vital centres of the state, as well as aggression against private, public, or state property.
对国家的反叛也可能采取以武器对抗政府的形式。其他破坏内部安全的行为包括“哈拉比”(即拦路抢劫),以及以抢夺他人财产、危及他人生命的方式骚扰人民。
Rebellion against the state can also take the form of using arms to fight against it. Other actions that undermine the internal security are the Hirabah that is the highway robbery as well as the interference with the people by manner of robbing their property and endangering their lives.
除了上述行为外,其他破坏内部安全的行为还包括:侵犯他人财产,如盗窃、掠夺、抢劫和侵吞公款;侵害他人人身,如殴打、伤害和杀人;以及侵犯他人名誉,如撒谎、诽谤和强奸。这些行为都可能对内部安全构成威胁。
Other actions which undermine internal security include the attack on the property of people by theft, looting, robbery, misappropriations, as well as attacks on people through assault, injuring and killing in addition to attacks on their honour through lying, slandering and raping. These are some of the actions that can lead to a threat to internal security.
内部安全部门保护国家与人民免受所有这些行为的侵害。因此,凡被宣布为叛教者并被判处死刑、而又不悔改的人,由该部门处理并执行死刑。如果宣布叛教的是一个群体,则必须要求他们回归伊斯兰教,国家不应惩罚他们。然而,如果他们坚持叛教,则要对其进行讨伐。若他们人数不多,仅凭警察力量便能与之作战,则警察须予以应对。但如果他们人数众多,警察力量无法与之作战,则须请求哈里发为其提供军队以协助作战。如果这支军队不足以应付,则须请求哈里发下令军队提供协助。以上是关于叛教者的规定。
The department of internal security protects the state and the people from all these actions. Therefore, whoever is declared an apostate and sentenced to death if He did not repent is dealt with by this department and executed. If those who declare apostasy are a group, then they have to be asked to return to Islam, and the state should not punish them. If however, they insist on apostasy then they are fought against. If they are small in number and the police force alone is able to fight against them then it has to do so. But if they are large in number and the police force is unable to fight against them then they have to request the Khaleefah to provide them with a military force to help them. If this military force is insufficient, then they have to request the Khaleefah to order the army to provide assistance. This is concerning apostates.
关于那些反抗国家的人:如果他们不使用武器,只限于通过罢工、示威、占据国家的重要场所,或以拆毁等方式侵犯私人、公共和国家财产,进行破坏和蓄意破坏,那么内部安全部门只限于动用警察力量来阻止此类破坏行为。如果它无法阻止这种侵犯,就要求哈里发为其提供军队,以制止破坏和蓄意破坏。
With regards to people who rebelled against the state; if they do not use arms and limit themselves to destruction and sabotage by strikes, demonstrations, occupation of vital centres of the state or aggression against private, public and state properties through demolition, then the internal security department restricts itself to using the police force in order to prevent such destructive actions. If it is not able to prevent the aggression it request the Khaleefah to provide it with a military force in order to stop the destruction and sabotage.
然而,如果叛乱者使用武器,并能在某一地区站稳脚跟,成为内部安全部门仅凭警察力量无法制服的一股力量,那么在这种情况下,内部安全部门必须请求哈里发根据需要为其提供军队或陆军力量,以对抗叛乱者。在对他们发动战斗之前,该部门必须查明他们是否有其诉求。它应当要求他们重新服从并回归集体(Jama'ah),并交出武器。如果他们积极响应并回归,那么国家应当克制,不与其交战。如果他们拒绝并坚持叛乱,那么国家应当与之作战,目的是惩戒他们,而不是消灭和摧毁他们。作战的目的是使他们重新服从、放弃叛乱并交出武器。一个例子是伊玛目阿里·本·阿比·塔利卜(‘Ali bin Abi Talib)对哈瓦里吉派(Khawarij)作战的方式。他首先号召他们投降;如果他们放弃叛乱,他便不与他们作战;但如果他们坚持叛乱,他便与他们作战以惩戒他们,使他们重新服从、停止叛乱并交出武器。
However, if the people who rebelled against the state used weapons and were able to establish themselves in an area and became a force which the department of internal security was unable to subdue through the use of the police force alone. In that case they must request the Khaleefah to provide it with a military force or an army force according to the need, to face the rebels. Before it initiates fighting against them, the department must determine whether they have complaints they may have. It should ask them to return to obedience and the Jama’ah and to surrender their arms. If they responded favourably and returned back, then the state should restrain itself from fighting them. If they rejected and insisted on rebelling, then it should fight against them in order to discipline them and not to annihilate and destroy them. It fights against them so that they return back to obedience and give up rebellion and surrender their arms. An example of this is the way Imam ‘Ali bin Abi Talib fought against the Khawarij. He called them to surrender first and if they left the rebellion He would not fight against them, but if they insisted on rebelling He fought against them to discipline them so that they might return to obedience, stop the rebellion and surrender their arms.
关于那些战斗者,例如拦路抢劫者,他们袭击民众、强行阻断道路、抢夺财物并杀人,内务安全部门将派出警力追捕他们,并对其施以刑罚,即处死并钉十字架、处死、交叉截肢,或流放至他地,依照以下经文执行:
Regarding the fighters, such as the highway robbers, who attack people, forcibly obstruct the highways, steal property and kill, the department of internal security will despatch a police force to chase them and impose the punishment on them, which is either killing and crucifying, killing, amputating their opposite limbs, or deporting them to another place, according to the Ayah:
“凡与安拉的使者作战、并在大地上行恶作乱的人,其刑罚是:应当被处死或被钉死,或者其手脚应当被交错截除,或者应当被流放出境。” [TMQ Al- Ma’idah: 33]
“The punishment of those who fight against Allah’s Messenger and who walk in the land with corruption is that they should be killed or crucified, or their opposite hands and legs should be amputated, or they should be deported from the land.” [TMQ Al- Ma’idah: 33]
这些人的情况与对抗反叛国家的叛乱者不同。对付叛乱者是为了惩戒他们,而对付拦路抢劫者则是杀戮和钉十字架,因此在他们作战时和他们退却后都要对其进行讨伐。他们的处置方式如经文所载:{凡杀人并夺取财物者,应被处死并钉十字架;凡杀人而未夺取财物者,应被处死但不钉十字架;凡夺取财物而未杀人者,应从两边截断其手和脚,且不得杀人;凡持械恐吓众人、既未杀人也未夺取财物者,只须将其流放出其所在地,至另一处。}
The fighting against these people is not like fighting against rebels who fight against the state. Fighting against the rebels is to discipline them, while fighting against the highway robbers is to kill and crucify, so they are fought against when they fight and when they turn back. They are treated as outlined in the Ayah. Whoever killed and took property, He is killed and crucified; and whoever killed and did not take property, He is killed but not crucified; and whoever took property without killing, his hand and leg must be amputated from opposite sides without killing; and whoever raised arms and scared the people and did not kill or take property He is only exiled from his area to another place.
内政安全部门仅限于使用警察力量来维持安全。除非警察力量无法维持内部安全,否则它不使用警察以外的力量。在这种情况下,它会根据需要请求哈里发为其提供军队或陆军。
The department of internal security restricts itself to using the police force in maintaining security. It does not use other than the police force except when the police force is unable to maintain internal security. In that case it requests the Khaleefah to provide it with a military force or an army, according to what the need requires.
关于以盗窃、侵占、抢劫或掠夺侵犯财产;以殴打、伤害或杀人侵犯生命;以说谎、诽谤或强奸侵犯名誉的行为,内务安全部门通过其警觉、守卫和巡逻来防范这些行为,并执行法官对侵犯财产、生命和名誉者所作的判决。所有这些都仅需要动用警察力量。
With regards to aggression against property by stealing, misappropriation, robbing or looting; or aggression against lives by assault, injury or killing; or aggression against honour by lying, slandering, or raping; the department of internal security prevents these things by its vigilance, guards and patrols, also by implementing the verdicts of the judges against those who perform aggression against the property, lives and honour. All of this requires the use of the police force alone.