翻译题 Islamic law is a particularly instructive example of "sacred law". Islamic law is a phenomenon so different from all other forms of law notwithstanding, of course, a considerable and inevitable number of coincidences with one or the other of them as far as subject matter and positive enactments are concerned that its study is indispensable in order to appreciate adequately the full range of possible legal phenomena.【F1】Even the two other representatives of sacred law that are historically and geographically nearest to it, Jewish law and Roman Catholic canon law, are perceptibly different.
Both Jewish law and canon law are more uniform than Islamic law. Though historically there is a discernible break between Jewish law of the sovereign state of ancient Israel and of the Diaspora(the dispersion of Jewish people after the conquest of Israel), the spirit of the legal matter in later parts of the Old Testament is very close to that of the Talmud, one of the primary codifications of Jewish law in the Diaspora. Islam, on the other hand, represented a radical breakaway from the Arab paganism that preceded it; Islamic law is the result of an examination, from a religious angle, of legal subject matter that was far from uniform, comprising as it did the various components of the laws of pre Islamic Arabia and numerous legal elements taken over from the non-Arab peoples of the conquered territories.【F2】All this was unified by being subjected to the same kind of religious scrutiny, the impact of which varied greatly, being almost nonexistent in some fields, and in others originating novel institutions.【F3】This central duality of legal subject matter and religious norm is additional to the variety of legal ethical and ritual rules that is typical of sacred law.
In its relation to the secular state, Islamic law differed from both Jewish and canon law.【F4】Jewish law was buttressed by the cohesion of the community, reinforced by pressure from outside: its rules are the direct expression of this feeling of cohesion, tending toward the accommodation of dissent. Canon and Islamic law, on the contrary, were dominated by the dualism of religion and state, where the state was not, in contrast with Judaism, an alien power but the political expression of the same religion. But the conflict between state and religion took different forms; in Christianity it appeared as the struggle for political power on the part of a tightly organized ecclesiastical hierarchy, and canon law was one of its political weapons. Islamic law, on the other hand, was never supported by any organized institution; consequently there never developed an overt trial of strength.【F5】There merely existed discordance between application of the sacred law and many of the regulations framed by Islamic states; this antagonism varied according to place and time.
问答题 1.【F1】
【正确答案】即使是犹太法和罗马天主教教会法,这两个在历史上和地理上与它最接近的法律,也明显与它不相同。
【答案解析】 本文主要介绍了伊斯兰法的特点。第一段:伊斯兰法与其他法律有所不同,要想完整理解,需要对其进行研究。第二段:伊斯兰法是从宗教的角度研究法律问题的结果,很不统一。第三段:伊斯兰法是宗教在政治上的体现,没有得到政府的支持。
问答题 2.【F2】
【正确答案】所有的这些因为都受到同样的宗教审查而统一起来,然而宗教审查的影响却是不同的;在某些领域,它几乎是不存在的;而在另一些领域,它则主导了规则和教条的制定。
【答案解析】
问答题 3.【F3】
【正确答案】神圣法律的特点除了法律和仪式的规定之外,还有法律和宗教的双重性。
【答案解析】
问答题 4.【F4】
【正确答案】犹太法由社会的凝聚力支撑,由外部压力得到巩固:它的规定是凝聚感的直接体现,趋向于包容不同意见。
【答案解析】
问答题 5.【F5】
【正确答案】神圣法律的运用与伊斯兰国家所制定的规定之间存在不一致;这种矛盾的程度依地点和时间而不同。
【答案解析】