第130条
Article 130
国家财产是指一切其支出由哈里发的见解与伊扎提哈德(独立判断)所决定的财富,例如来自税收、土地税和吉泽亚(人头税)的财富。
State property is every wealth whose expenditure is determined by the opinion and Ijtihad of the Khalifah, such as the wealth derived from taxes, land tax and Jizya.
其证据在于:沙里亚的经据表明,国家财产的定义是立法者(swt)准许哈里发依其见解与伊智提哈德来支配财富。先知(pbuh)曾依其见解与伊智提哈德来支配战利品中的财富,同样也支配了从各地征收的贾兹亚税和土地税中的财富。有一段沙里亚经文表明,先知(pbuh)可以依其认为适当的方式来支配这些财富,这证明伊玛目也可以依其见解与伊智提哈德来支配这些财富,因为先知(pbuh)的行为本身就是沙里亚的证据,因此它就是允许伊玛目依其见解与伊智提哈德,按其认为适当的方式来支配这些财富的许可。因此,这就是国家财产的定义。
Its evidence is that the Shari’ah evidences indicated that the definition of State property is the permission of the Legislator (swt) for the Khalifah to spend the wealth according to his opinion and Ijtihad. The Messenger (pbuh) used to spend the wealth from the war booty according to his opinion and Ijtihad, and likewise the wealth from the Jizya and land taxes which were collected from the different lands. There is a Shari’ah text which shows that it was left to the Messenger (pbuh) to spend it according to how he saw fit, which is an evidence that the Imam can spend this wealth according to his opinion and Ijtihad, since the action of the Messenger (pbuh) is a Shari’ah evidence and so it is a permission for the Imam to spend this wealth as he sees fit according to his opinion and Ijtihad. Therefore, that is the definition of State property.