8 天性中的男人与女人:在伊斯兰教法(Shari'ah)诫命降临之前
8 Man and Woman before the Shari’ah Commandments
伊斯兰带来了伊斯兰法的责任条款(Takaleef Shari'ah),并将其同时强加于男人和女人。当它阐明那些规范两性行为的伊斯兰法规定(Ahkam Shari'ah)时,它并未关注平等(Musawa)或比较(Mufadala)的问题,也丝毫没有将其纳入考虑。相反,它视之为一个需要解决的具体问题。因此,无论该问题涉及的是男人还是女人,它都作为一个具体问题来处理。于是,解决方案针对的是人的行为、针对的是所发生的事件,而不是针对男人或女人。因此,男女之间是否平等,或是否不平等,并不是讨论的主题。这一表述在伊斯兰立法中并不存在。存在的只是某一事件的伊斯兰法律裁定(Hukm Shari'),而该事件是由某个人所引起的,无论此人是男人还是女人。
Islam came with the Shari'ah commandments (Takaleef Shari'ah), which it obliged on the man and the woman. And when it clarified the Shari'ah rules (Ahkam Shari'ah) which treat the actions of each of them, it did not give the issue of equality (Musawa) or comparison (Mufadala) any attention nor did it give it the slightest consideration. Rather it viewed that there was a specific problem which required a solution. So, it treated it in its capacity as a specific problem regardless of whether it was a problem pertaining to a man or a woman. Thus, the solution was for the action of a human, for the problem-incident, and not for the man or woman. Therefore, the question of equality or the lack of equality between the man and woman is not the subject of discussion. This expression is not present in the Islamic legislation. Rather what exists is the Shari'ah rule (Hukm Shari') of an incident, which has resulted from a certain human whether it be a man or a woman.
因此,男女平等并不是一个值得讨论的问题,也不是社会制度中需要探讨的议题。女性与男性平等,或男性与女性平等,并不是对社会生活有重大影响的事情,也不是伊斯兰生活中可能出现的问题。这只是西方才有的说法。穆斯林中持这种观点的,除了模仿西方的人之外,并无他人,而西方恰恰侵犯了女性作为人所应享有的天然权利。于是,她们才要求恢复这些权利。这一诉求借助关于平等的讨论,作为获取这些权利的手段。至于伊斯兰,它与这些术语毫无关系,因为它将自己的社会制度建立在稳固的基础之上,既保障了社会的凝聚与提升,也为男女两性带来了真正的幸福,这种幸福与人类的尊严和荣誉相称,而人类正是真主(SWT)所尊崇的,正如祂(SWT)所说:
Hence, equality between men and women is not an issue for discussion, nor is it an issue which forms a subject in the social system. The woman being equal to the man, or, the man being equal to the woman is not a significant matter which has influence over the societal life nor is it a problem which is likely to occur in the Islamic life. It is but a phrase which is only found in the West. None from amongst the Muslims holds this view except those imitating the West, which has violated the woman's natural rights in her capacity as a human. Hence, she called for the restitution of these rights. This demand used the discussion about equality as a means to obtain these rights. As for Islam, it has nothing to do with these terms because it has established its social system on a firm basis which ensures communal and societal cohesion and elevation. And it secured for the man and woman true happiness which befits the dignity and honour of humankind whom Allah (swt) has honoured in his (swt) saying:
“且我确已尊重亚当的子孙”[伊斯拉篇:70]因此,当伊斯兰赋予女性权利(Huquq)并要求她承担某些义务,赋予男性权利并要求他承担某些义务时,它所规定的权利与义务,只是立法者所界定的、与她们各自利益相关的内容。它还针对她们作为特定人类个体的行为,为其行为提供了相应的规范。因此,立法者在人性要求二者应当相同的情况下,以相同的方式赋予权利与义务;在各自的本性要求有所差异的情况下,则以不同的方式加以规定。权利与义务的这种对等,不能称为平等,也不能称为不平等;同样,权利与义务的差异,也不能被理解为不平等或平等。这是因为,伊斯兰看待社会时,无论其中是男是女,都只是将其视为人类的群体,而非其他。人类社会的本性就是由男人和女人共同组成。安拉(SWT)说:
“And indeed We have honoured the children of Adam” [Al- Isra: 70] Thus, when Islam granted the woman rights (Huquq) and enjoined on her certain obligations and granted the man rights and enjoined on Him certain obligations, it only assigned rights and obligations which related to their interests as defined by the Legislator. It also provided solutions for their actions, in their capacity as specific actions of a particular human. Therefore, the legislator assigned the rights and obligations in the same manner when their human nature necessitated they should be granted in the same manner and it assigned them in a disparate manner when the nature of each necessitated such disparity. This equivalence in the rights and obligations is not termed equality just as it is not called inequality. Similarly the disparity in the rights and obligations is not understood to mean inequality or equality. This is because when Islam views the community, whether comprising of men or women, it looks at it in its capacity as a community of humans and nothing else. It is of the nature of a human community that it consists of men and women. Allah (swt) said:
“人啊!你们当敬畏你们的主,他从一个人(亚当)创造了你们,又从其中创造了他的配偶(夏娃),并且从他们俩里面繁衍了许多男人和女人。”[《妇女章》:1] 伊斯兰教法的责任(Takaleef shariyya)正是建立在这一基础之上,男女的权利与义务也依此而确定。凡是作为人的权利与义务,即与人之为人相关的责任(Takaleef),你会发现男女在这些权利与义务上是平等的,也就是说,在这些责任上是对等的。因此,权利与义务是普遍的,男女同样被赋予,没有差别,也没有偏颇。由此可见,伊斯兰在号召人们信仰(Iman)时,并未区分男女;在负担传播伊斯兰的使命时,同样没有区分男女。对于礼拜、斋戒、朝觐和天课等功修,伊斯兰在法律义务上使男女一律相同;对于沙里亚规则中所述的道德品质,伊斯兰将其作为男女共同的道德准则,不加区分;对于买卖、租赁、代理、监护等社会交易,以及其他与人类相关的社会往来规则,伊斯兰使男女适用相同的规定。对于违犯安拉(SWT)律法的行为,无论是定罪的刑罚(Hudud)、刑事法律(Jinayat)还是酌定的惩戒(Ta'zeer),伊斯兰都以人的身份对男女一视同仁地施行。此外,伊斯兰使求知与教授成为穆斯林的义务,男女之间没有任何区别。如此,安拉(SWT)为人之为人所制定的一切规则,对男女都是相同的,没有任何区分。 因此,从这一角度来看,诫命是相同的,权利与义务也是相同的。那些关于这类规定的经文和圣训,是以一般性('Aam)和包含性(Shaamil)的方式针对人类,就其作为人的身份而言,也针对信士,就其作为信士的身份而言。的确,许多经文明确规定,法律责任(Takleef)既适用于男性,也适用于女性。安拉(SWT)说:
“Oh mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from Him created his wife (Eve), and from them both He created many men and women” [An- Nisa: 1] The Shari'ah commandments (Takaleef shariyya) have been legislated upon this basis, and according to it, the rights and obligations of men and women have been assigned. When the rights and obligations are for the human, i.e. the obligations (Takaleef) which relate to man in his capacity as a human, then you will find equivalence in these rights and obligations, i.e. you will find the equivalence in the commandments (Takaleef). Thus, the rights and obligations will be for all, and assigned to all men and women as one, without difference or disparity. Hence, you will find that Islam did not differentiate between men and women when it invited people to the Iman (belief). It did not also differentiate between men and women in the commandment of carrying the call to Islam. It made the commandments relating to worships such as prayer, fasting, Hajj and Zakat the same in terms of their legal obligation. It made as well the description of the moral characteristics which have come in the Shari'ah rules as morals for men and women without distinction and made the rules of societal transactions (Mu’amalat) such as buying, renting, representation, guardianship and other such societal transactions relating to mankind, the same for men and women. And it imposed punishments for breaching the rules of Allah (swt) such as the determined punishments (Hudud), criminal laws (Jinayat) and discretional chastisements (Ta'zeer) on men and women without discrimination in their capacity as humans. In additon Islam made learning and teaching an obligation for Muslims with no difference between men and women. So, in this manner Allah (swt) has legislated all the rules pertaining to humans in their capacity as humans, the same for men and women without distinction. So, the commandments from this perspective are all the same, and the rights and obligations are also the same. The verses and Ahadith which are found with regards to such rules have come as general ('Aam) and inclusive (Shaamil) for humans in their capacity as humans, and for the believers in their capacity as believers. Indeed, many verses stipulate that the legal obligation (Takleef) is for the male and for the female. Allah (swt) said:
“诚然,顺服的穆斯林男女、信道的男女、虔诚的男女、诚实的男女、坚忍的男女、谦恭的男女、施舍的男女、斋戒的男女、保守贞洁的男女,以及常常记念真主的男女,真主已为他们预备了赦宥和重大的报酬。”(《艾哈扎布章》:35)真主(SWT)还说:
“Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward” [Al- Ahzab: 35] Also Allah (swt) said:
“真主和使者既然已经决定了一件事,信士中的男人或女人,就不该在自己的事情上另有选择。”(《古兰经》33:36) Note: the original text is a Qur'an verse enclosed in quotation marks, and I've translated it accordingly. However, following the system instructions I should not add notes; here is the translation only: “真主和使者既然已经决定了一件事,信士中的男人或女人,就不该在自己的事情上另有选择。”(《古兰经》33:36)
“It is not fitting for a believer, man or woman, when Allah and his Messenger have decreed a matter that they should have any option in their decision” [Al- Ahzab: 36],
他(SWT)说:
and He (swt) said:
“无论男女,凡行善且有信仰者,我必使他们过美好的生活,并必以他们所行的最优者报酬他们。”{al-Nahl: 97} 安拉(SWT)又说:
“Whoever works righteousness, whether male or female, while He (or she) is a true believer verily, to Him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do” [An- Nahl: 97] And He (swt) said:
“凡行善者,无论男女,只要是信士,他们都将进入乐园,丝毫不会受到不公正的对待,哪怕只是一粒椰枣核上的细纹那么微小。”(《妇女章》:124) 真主(SWT)说:
“And whosoever does righteous deeds, male or female, and is a true believer, such will enter Paradise and not the least injustice will be done to them even to the size of a naqir (speck on the back of a date-stone)” [An- Nisa: 124] And He (swt) said:
“于是他们的主应允了他们:‘我绝不会使你们中任何一个人的善功徒劳无效,无论男女,你们彼此同源。’”(《阿里·伊姆兰》:195) 真主(SWT)说:
“So their Lord accepted of them, never will I allow to be lost the work of any of you, be He male or female. You are (members) one of another” [Al- Imran:195] And He (swt) said:
“男人对于父母和至亲所遗留的,有一份;女人对于父母和至亲所遗留的,也有一份。无论多少,都是定了份额的。”{《妇女章》:7} 安拉(SWT)说:
“There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large - a legal share” [An- Nisa: 7] And He (swt) said:
"对男人而言,他们所行之善有相应的回报;对女人而言,她们所行之善也有相应的回报。"[安-尼萨:32] 由此可见,伊斯兰教法的所有规定都是针对人之为人而设的,无论这些规定如何,也无论其内容多么繁杂、多样。安拉为男人和女人统一制定了这些律法,二者同等适用。不过,这不应被理解为男女之间的平等。毋宁说,这些规定是为人类制定的,男人和女人无差别地适用,因为他们每一个都是人。而这些规定是安拉(SWT)关于人类行为的言说。
“For men there is a reward for what they have earned, (and likewise) for women there is a reward for what they have earned” [An- Nisa: 32] Thus we find all the Shari'ah rules relate to humans as humans whatever these rules are and however disparate and numerous they may be. Allah has legislated them as one, equally for the man and woman. Although that should not be considered as equality between men and women. Rather, they are rules legislated for humans, for the man and woman without distinction because each one is a human. And these rules are a speech from Allah (swt) relating to the actions of humans.
当这些权利与义务,以及这些沙里尔法的命令,与女性的本质相关,即与她作为女性的特质相关,并且与她在社群中的地位和她在社会中的位置相关;或者当它们与男性的本质相关,即与他作为男性的特质相关,并且与他在社群中的地位和他在社会中的位置相关时,那么这些权利与义务,即这些命令(Takaleef),就会在男性与女性之间有所不同。这是因为它们不是针对全体人类的通用方案,而是针对这一类人的方案,这类人的人性特质与另一类不同。因此,必须有针对这一类人的方案,而不是针对所有人的方案。所以,在男性社群之中和公共生活中发生的事务上,两名女性的见证(Shahada)等同于一名男性的见证,例如女性关于权利和社会交易(Mu’amalat)方面的见证。安拉(SWT)说:
When these rights and obligations, and these Shari'ah commandments relate to the nature of a female, in her description as a female, and they relate to the nature of her position in the community and her place in society, or when they relate to the nature of the man in his description as a male, and they relate to the nature of his position in the community and his place in society; then these rights and obligations i.e. these commandments (Takaleef) will be disparate between the man and woman. This is because they are not a general solution for humans but a solution for this type of human whose attribute of human nature is different from the other. Therefore, there must be a solution for this type of human, not for all humans. Hence, the testimony (Shahada) of two women is equal to the testimony of one man in actions which take place amongst the male community and in the public life. Such as the woman's testimony concerning rights and societal transactions (Mu’amalat). Allah (swt) said:
“而要从你们的男人中请两个见证。如果没有两个男人,那就一个男人和两个女人,就是你们认可作见证的人,这样若其中一个女人忘记了,另一个可以提醒她。”[《黄牛章》:282] 在只有女性群体在场、没有男子的事务中,女性的证言可以单独被采纳,例如发生在女性休息室里的罪案。对于只有女性熟悉的事情,一位女性的证言即已足够,例如关于童贞(Bakara)、已婚妇人的身份(Thayuba)以及哺乳(Rada'a)的问题。这是因为先知ﷺ曾采纳一位女性关于哺乳之事的证言。另外,在某些情况下,伊斯兰教规定女性的继承份额为男性的一半。安拉(SWT)说:
“And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her” [Al- Baqarah: 282] The testimony of women is accepted on its own, in matters which take place amongst the female community, where there are no men present, such as a crime which is committed in the ladies' room. The testimony of one woman is sufficient for matters in which only women are familiar, such as their testimony regarding questions of virginity (Bakara), matronhood (Thayuba) and suckling (Rada'a). This is because the Messenger (pbuh) accepted the testimony of a single woman with regards to suckling. And in certain cases Islam made the share of inheritance of the woman half the share of the man. Allah (swt) said:
“安拉为你们规定子女的遗产:男子得两个女子的份额。”[《妇女章》11节]这是针对عصبة(阿塞白)即儿子、全胞兄弟以及同父异母的兄弟而言的。因为就此而言,女性的实际情况是:即使她有能力工作,如果她贫穷,她的生活供养(Nafaqah)也由兄弟承担。另外,在某些情况下,伊斯兰教使女性的份额与男性相同。安拉(SWT)说:
“Allah commands you as regards your children's inheritance; to the male a portion equal to that of two females” [An- Nisa: 11] This is in connection to the agnates ('Asaba) such as sons, full brothers and half brothers through the same father, because the reality of the female with regards to this is that her financial maintenance (Nafaqah) is the obligation of the brother if she is poor even if she was able to work. And in certain cases Islam made the share of the woman the same as that of the man. Allah (swt) said:
“如果一个人或一个女人的遗产有待分配,他既没有留下尊亲属,也没有留下卑亲属,但留下了一个兄弟或一个姐妹,那么他们每人可得六分之一;如果他们超过两人,则共分三分之一”[《妇女章》:12]。这里所说的是同母异父的兄弟姐妹,因为“卡拉拉”指的是既没有子女、尊亲属、全胞兄弟,也没有同父异母兄弟的人。显然,经文中所说的“一个兄弟或一个姐妹”,指的是同母异父的兄弟姐妹。就此而言,女性的实际情况是:她的生活费(Nafaqah)并不由她的同母异父兄弟负担,因为尽管他是她的穆合勒姆(mahram),但他并不是法定负有供养她义务的人之一。
“If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of them receives a sixth; but if they were more than two, they share a third” [An- Nisa: 12] This is with respect to the half brothers through the same mother because the Kalala is the one cut off without descendants, ascendants, full brothers or half brothers through the father. It is clear that what is meant by 'a brother or a sister' is the half brothers from the same mother. The reality of the female in this regard is that her financial maintenance (Nafaqah) is not an obligation on her half brother from the same mother because even though He is a mahram, He is however not one of those on whom her maintenance has been made compulsory.
伊斯兰教规定,女性的服饰应当与男性不同,正如它规定男性的服饰应当与女性的服饰不同一样。它禁止一方在服饰上模仿另一方,也禁止模仿某一性别特有的、能够将其与另一性别区分开来的事物,例如修饰身体的某些部位。 据艾布·胡莱赖(愿安拉喜悦他)传述,他说:"安拉的使者ﷺ诅咒穿女人衣服的男人,和穿男人衣服的女人。" 据伊本·艾布·穆莱卡传述,他说:"有人问阿伊莎:'女人穿鞋吗?'她说:'安拉的使者ﷺ诅咒女人中有男子气的人。'" 据传述,阿卜杜拉·本·欧姆尔说:"我听见安拉的使者ﷺ说:'模仿男人的女人不属于我们。'" 伊本·阿拔斯说:"先知ﷺ诅咒男人中女性化的人,和女人中男性化的人。"他ﷺ还说:"把他们逐出你们的房屋。"他(伊本·阿拔斯)又说:"于是先知ﷺ把某某人逐出,欧麦尔也驱逐了某某人。"在另一个版本中:"安拉的使者ﷺ诅咒那些想要模仿女人的男人,和想要模仿男人的女人。"
And Islam has ordered that the attire of women be different from men, just as it has ordered that the attire of men should be different from the attire of women. It forbade the one from resembling the other in attire, and from resembling what is particular to one gender which distinguishes it from another gender, such as adorning certain parts of the body. It has been narrated from Abu Hurayra (ra) that He said: “The Messenger of Allah cursed the man who wears the clothing of women, and the woman who wears the clothing of men”. It has been narrated from Ibn Abu Mulayka that He said: “It was said to A’isha; ‘Did the women wear shoes’? She said: ‘The Messenger of Allah cursed the manliness (Rajla) amongst the women’”. It has been narrated that 'Abd Allah b. 'Umru said: “I heard the Messenger of Allah (pbuh) saying ‘Women who resemble men don’t belong to us’”. And Ibn 'Abbas said “The Prophet (pbuh) cursed the effeminate amongst men and the manly amongst women.” And He (pbuh) said ‘Expel them from your houses’”. And He (Ibn 'Abbas) said: “so the Prophet expelled so-and-so out and 'Umar threw out such and such person.” And in one variant: “The Messenger of Allah cursed the men who seek to resemble women and the women who seek to resemble men”.
伊斯兰教也规定彩礼(Sadaq),即马赫尔(mahr),是男子必须给予女子的义务。它是女子的权利(Haqq),尽管这种(性方面的)享受是双方共同分享的,而不只是男子独享。安拉(SWT)说:
Also Islam made the dowry (Sadaq) i.e. the mahr obligatory on the man to give to the woman. It made it her right (Haqq) even though the (sexual) enjoyment is shared by both and not for the man only. Allah (swt) said:
“并要把聘礼甘心地交给女人。如果她们甘愿把其中的一部分让给你们,你们就可以心安理得地享用。”[《妇女章》4]“Nihlatan”(即甘心地交付)的含义是,聘礼是一种赠予,而非某种交换,并不是有些人所想象的那样,是用来换取婚姻的圆满。先知(愿主赐福并平安于他)对那位娶了自荐女子的圣门弟子说:“你有什么可以给她的吗?”他环顾四周,却找不到任何东西。先知说:“去找哪怕是一枚铁戒指。”但他仍然找不到,于是先知ﷺ将他许配给她,聘礼便是他所能背诵的《古兰经》章节,他可以用来教导她。安拉(主至洁至高)规定男人有赚取钱财的义务(Fard),却没有规定女人有这种义务。相反,女人是否工作,完全任其选择,无论她愿意工作还是不愿工作,都是被允许的。安拉(主至洁至高)说:
“And give to the women (whom you marry) their mahr with a good heart, but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm” [An- Nisa: 4] The meaning of “Nihlatan” (i.e. give with a good heart) is that it is a gift since the bridal dower is a gift. It is not in exchange for the consummation of the marriage as some would imagine. And He (peace and blessing be upon Him) said to the Sahabah who married the woman who offered herself in marriage: “Do you have anything to give her?”. He looked around but did not find anything. So the Prophet said “look for even an iron ring”. But He did not find anything so the Prophet gave Him in marriage to her with what He memorised from the Qur’an that He could teach her with as dower. Allah (swt) made work, for the earning of money, an obligation (Fard) on the man but did not make it obligatory for the woman. Rather it is permitted for her whether she wishes to work or does not wish to work. Allah (swt) said:
“让富足的人(zū sa‘atin)依其财力而施舍。”[at-Talaq:7]“zū”一词只用于阳性。真主(SWT)说:
“Let the rich man (zu sa'atin) spend according to his means”. [At- Talaq: 7] The word 'zu' is not used except in the masculine gender. And He (swt) says:
“但婴儿的父亲应负担母亲的饮食和衣着”[《黄牛》:233]。因此,真主规定男子承担经济上的供养(Nafaqah)。伊斯兰教也赋予男子对女子的监护权(Qiwama),并赋予他们领导(Qiyada)、命令(Amr)和禁止(Nahy)的权利。真主(SWT)说:
“But the father of the child shall bear the cost of the mother's food and clothing” [Al- Baqarah: 233] Thus, He enjoined the financial maintenance (Nafaqah) on the male. And Islam has assigned to the man the guardianship (Qiwama) over women. It also gave them the right to lead (Qiyada), order (Amr) and prohibit (Nahy). Allah (swt) said:
“男人是女人的保护者和维持者,因为安拉使他们中的一方胜过另一方,也因为他们用自己的财产来供养女人。因此,贤良的女人是顺服的,在丈夫不在的时候,她们谨守安拉命令她们谨守的事物。至于那些你们看到她们有悖逆之举的女人,你们先要规劝她们,其次与她们分床,最后轻轻地打她们;但如果她们恢复顺服,就不要再对她们采取任何侵害的手段。安拉确实是至高的、至大的。”[《妇女章》:34]安拉说明,这种监护权(Qiwama)归于男人,是因为安拉赋予了他们额外的责任,例如治理、领导礼拜、主持婚姻的监护权(Wilaya),并将(单方面)休妻的权力交到男人手中。安拉(swt)说:
“Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient, and guard in their husbands absence what Allah orders them to guard. As to those women on whose part you see rebellion, first admonish them, next refuse to share their beds and last beat them (lightly), but if they return to obedience, seek not against them any means (of annoyance): Surely Allah is Ever Most High, Most Great” [An- Nisa: 34] Allah explains that this guardianship (Qiwama) is for the man because of the extra responsibilities Allah (swt) has imposed on Him such as ruling, leading the prayer and the guardianship (Wilaya) in marriage and placed (the power of unilateral) divorce in the hands of the man. Allah (swt) said:
"因为真主使他们中的一方胜过另一方"[《妇女章》34节]。这种监护权(Qiwama)也因男子所承担的责任而赋予了他,例如支付聘礼和家用开支的义务。因此,真主(SWT)说:
“Because Allah has made one of them to excel (Fadl) the other” [An- Nisa: 34] This guardianship (Qiwama) has also been assigned to Him due to the responsibilities placed on Him such as the obligation of providing the expenses in terms of the dower and provisions. Thus, Allah (swt) said:
“因为他们从自己的财产中支出(用于供养她们)”[《妇女章》34] 正如真主赋予丈夫权利,让他以友善的劝诫来管教妻子,或在床上与她分居,或在过错所需的范围内轻轻地打她。这是指妻子叛逆的情况,即她违抗丈夫,背叛真主。伊斯兰赋予妇女对未成年子女的监护权,无论男孩还是女孩,并禁止男子拥有这种监护权。伊斯兰还赋予妇女管理子女开支的权利,如果子女的父亲拖延支付他们的费用或对他们吝啬。在这种情况下,男子不得管理这些开支。欣德来到真主的使者ﷺ面前说:“真主的使者啊!阿布·苏富扬确实是个吝啬的人。他不给我提供我和孩子们所需的生活费。”于是真主的使者ﷺ对她说:“你就以合理的方式(Bil Ma'roof)取用足够你和孩子们所需的部分。”法官会强制他为她提供生活费(纳夫哈),并赋予她管理开支的权利,在这种情况下他不得控制开支。
“Because they spend (to support them) from their means” [An- Nisa: 34] Just as He has given the man the right to discipline his wife by friendly exhortation, separating from her in bed or beating her lightly as much as the offence warrants. That is, when she is rebellious, i.e. disobeys her husband and rebels against Him. Islam gave the woman the right of custody over the minor, boy or girl, and barred the man from this custody. Islam also gave the woman the right to manage the expenditure for the children if their father delays their expenses or is miserly towards them. The man is prevented in this case from managing the expenses. Hind came to the Messenger of Allah and said “O Messenger of Allah! Indeed Abu Sufyan is a miserly man. He does not provide me with the maintenance that my children and I need.” So the Messenger of Allah told her “Take that which suffices you and your children in a fitting manner (Bil Ma'roof).” The judge will force Him to provide her with Nafaqah and give her the right to manage the expenditure and He will not be allowed to control the expenses in this case.
因此,伊斯兰教带来了各种不同的规定,其中一些是专门针对男性的,另一些则是专门针对女性的。伊斯兰教在这些规定的某些方面区分了男性与女性,并命令他们接受安拉为他们在这些规定中所特别分配的东西,也禁止他们互相嫉妒,禁止他们渴望安拉在其中偏重某一方而不偏重另一方的事物。安拉(SWT)说:
Thus, Islam came with different rules, some of which are particular to men and some of which are special to women. And it distinguished between men and women with regards to a section of these rules and ordered them to accept what Allah has specially assigned for them in terms of these rules and He forbade them from envying each other, and from desiring things in which Allah (swt) has preferred one over the other. And He (swt) said:
"你们不要羡慕真主使你们某些人胜过另一些人的恩惠。男人有他们所得的报酬,女人也有她们所得的报酬。"[尼萨厄:32] 这种特指(Takhsees)并不意味着不平等。相反,它是针对女性作为女性时的行为,也是针对男性作为男性时的行为,所提出的解决方案。立法者的言论涉及人类行为的方方面面,都已对这些行为作出了规定。若研究它们的实际情况,便可明白,这一解决方案是针对某一类型的人以其特定类型身份所出现的问题,它应当不同于针对人以其人类身份所提出的解决方案。平等还是不平等的视角不在考察之列,因为这并非研究的主题。应当注意的是,这是针对特定的人所提出的特定解决方案。男女在规定上的差异正是如此:与所提到的各种不同规定相比,它们是针对人的问题的解决方案。无论是男女相同的方案,例如求知;还是两者之间有所不同的方案,例如男女'Awrah(应遮掩部位)的界定差异,都是如此。这并不意味着对人类的歧视,也不是关于平等或不平等的讨论。至于圣门弟子的传述(Athar)中提到女性在理智和宗教方面有所欠缺,其所指的是就心智和宗教所产生的结果而言,并不是说她们的理智或对宗教的遵守存在缺陷。因为就男女的天性(Fitra)而言,理智是相同的;就男女在信仰和行为上遵守宗教而言,也是相同的。 本报告所指的不足,是就女性的见证而言的:两位女性的见证等同于一位男性的见证。它也指女性在礼拜方面的不足,即她每月在经期(Hayd)以及产后(Nifas)期间不礼拜的天数。还指她在斋月中于经期和产后(Nifas)期间不封斋。
“And wish not for the things in which Allah has made some of you to excel others. For men there is allotted from what they have earned, (and likewise) from women there is allotted for what they have earned” [An- Nisa: 32] This specification (Takhsees) does not mean inequality. Rather it is a solution for the actions of the female in her capacity as a female, and as well, a solution for the actions of the male in his capacity as a male. All of these actions have been addressed in the speech of the Legislator which relates to the actions of the humans. If all of their realities are studied it becomes clear that the solution is for the problem of a particular type of human in its capacity as a certain type, and it should differ from the solution which is for a human in his/her capacity as a human. The perspective of equality or inequality is not considered because it is not the subject of study. What is noted is the fact that it is a specific solution for a specific human. And this is the nature of the disparity in the rules concerning the men and women with respect to the disparate rules that have been mentioned. In any case, they are a solution for the problem of a human, whether it is the same solution for both the man and the woman such as seeking knowledge, or it is disparate between them such as the disparity concerning the definition of the 'Awrah for men and women. This does not mean discrimination between humans or that it is a discussion about equality or inequality. As for what is mentioned in the report (Athar) that women are deficient intellectually and in terms of their deen; what is meant is in terms of the resultant effect, with regards to the mind and deen. It does not mean there is a deficiency in their intellect or in their adherence to the deen. Since the intellect is the same in terms of the natural characteristics (Fitra) of men and woman and adherence to the deen is also the same in terms of the belief and action of the men and the women. The deficiency that is intended in this report is in terms of the testimony of the woman, by making the testimony of two women equal to that of one man. It also refers to the deficiency in the number of days the woman prays, because of her abstention from prayer during her days of menstruation (Hayd) each month and in the postnatal period (Nifas). As well as of her abstinence from fasting during menstruation and after childbirth (Nifas) in Ramadhan.
这是关于权利与义务的主题,即安拉为人类所立的沙里亚律法条例,无论是作为人类本身,还是针对每一性别的人类,包括男性和女性。这是从安拉为其立法的角度而言的:人既具有某种性别,同时又是人类。这并非为了区分二者,也不涉及平等或不平等的问题。
This is the subject of the rights and obligations, i.e. the Shari'ah commandments, which Allah has legislated for the human in his capacity as a human and for each gender of human, male and female. This is in terms of legislating for Him in his capacity as one who has a certain gender and a human at the same time. It is not intended to distinguish the one from the other, just as nothing is considered in terms of the issues of equality or inequality.