近代中國ムスリムのイスラーム法解釋 --非ムスリムとの共生をめぐって--

Abstract

An intensification of mutual antagonism between the Muslim Hui and Han Chinese people reached a climaxin the Hui rebellions against the Qing dynasty in Yunnan province and Northwestern China during the second half of the 19th century. This confrontation endangered the survival of the Hui, fewer in numbers and less powerful than the Han. Thereafter, reconciliation with Han society and the Qing dynasty became an urgent issue for this Muslim minority. My paper examines how some Hui scholars, out of awareness of this issue, reinterpreted Islamic doctrine or law in order to facilitate the co-existence of Muslims and non-Muslims in China. First, I investigate Persian and Arabic works that the famous Yunnan Muslim scholar Ma Lianyuan (d. 1903) wrote based on an anonymous Persian work Muhimmāt al-muslimīn, one of 'classics' authoritative for Chinese Muslims. Then, I clarify the fact that he added to the original texts of Muhimmāt his own comments about the legitimacy of friendship with non-Muslims and illegitimacy of taking their lives and properties. Second, I scrutinize how Ma Lianyuan's son Ma Anyi (d. 1943) elaborated his father's views about the way of dealing with non-Muslims. In his Arabic work Tahqīq al-īmān, Ma Anyi declares that Islamic law prohibits Chinese Muslims from disobeying the Qing emperor and hence taking lives and properties of non-Muslim Chinese people. He explains the basis of this interpretation in the following fashion : The legal status of these believers is that of Muslims who enter non-Islamic domains (dār al-harb) under their non-Muslim rulers' guarantees of security, and their disobeying the rulers would be a betrayal (ghadr) which is prohibited in Islamic law. Third, I focus on the interpretation of the Qur'ānic verse 4 : 36 in the Chinese work Yisilan liushu written by Da Pusheng (d. 1965), known as one of the four greatest 'ulamā in modern China. He regards Muslim's kindness toward non- Muslim neighbors as an obligation that the Prophet ordered (wājib). I disclose that this interpretation is more amicable toward non-Muslims than that of Liu Zhi (d. after 1724), one of the most famous Hui scholars during the pre-modern period. In addition, I attempt to identify the Arabic or Persian sources of the modern Hui scholars' interpretations. In conclusion, I point out the possibility that Da Pusheng was more positive toward constructing friendships between the Hui and the Han than Ma Lianyuan and Ma Anyi. Then, I argue that the positive attitude of the former, if indeed it is judged to be so, must have been a reaction to the upsurge in Chinese nationalism, and may also have been another result of modern factors such as the fact that more books and newer ideas about Islam than in the previous age were imported to China from West and South Asia because of the development of transportation facilities and printing technology.