第132条 - 《哈里发国草案宪法》 | Quran Course

第132条 - 《哈里发国草案宪法》 | Quran Course

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第132条

Article 132

by Sheikh Taqiuddin An-Nabahani3 min readViewed 156 times

财产的处置须受立法者（SWT）的许可所限制，无论是消费还是投资皆然。挥霍、奢侈和吝啬都是被禁止的。与伊斯兰教法相违背的资本主义公司、合作社以及任何其他类型的交易都是被禁止的。利息、欺诈、垄断、赌博以及类似的事物都是被禁止的。

The disposal of property is restricted by the permission of the Legislator (swt), for both of spending and investment. Squandering, extravagance and miserliness are all forbidden. Capitalist companies, co-operatives and any other type of transactions which contradict the Shari’ah are forbidden. Interest, fraud, monopolies, gambling and anything similar are all forbidden.

这一点的证据，就是关于花费钱财的经文和圣训，以及关于财产处置的言辞证据，例如买卖、租赁等，这些都是关于增加财产的证据。

The evidence for this is the evidence regarding spending wealth and the evidence of verbal disposals of wealth such as selling, renting and so on, which are the evidences regarding increasing property.

至于支出的证据，真主（SWT）说：

As for the evidence of expenditure, Allah (swt) said:

“让有财富的人按他的财富来花费。”（TMQ 65:7）

“Let a man of wealth spend from his wealth.” (TMQ 65:7).

关于禁止挥霍，安拉（SWT）说："你们吃喝，但不要过度。安拉确不喜爱过度者。"（古兰经 7:31），又说："不要浪费无度地花费；浪费者确是恶魔的弟兄。"（古兰经 17:26-27）

Regarding the prohibition of squandering, Allah (swt) said: “And be not excessive (extravagant). Indeed, He does not like those who commit excess.” (TMQ 7:31), and He (swt) said: “And do not spend wastefully; Indeed, the wasteful are brothers of the devils.” (TMQ 17:26-7).

“我与两个合伙人一起，我就是第三者。”（阿布·达乌德从艾卜·胡莱赖ره传述，他认定其为可靠，阿卜杜勒·扎哈比也予以确认。）真主（subhanahu wa ta'ala）命令合同须以要约与承诺为基础。因此，若任何交易中的合同不符合这些条件——即两方缔约人以及要约与承诺——则该合同无效，不成立。这一交易中所发生的任何行为都被视为罪过和禁止之事，因为它被视为伊斯兰教法所禁止的交易。例如股份公司就是如此：它从一方成立，只要有人签署公司的条款，他便成为合伙人；仅仅购买公司股份，也使他成为合伙人。按照资本主义者的观点，这属于个人选择的行为，类似于伊斯兰教中的捐赠或遗嘱。因此，在股份公司中并不存在两方缔约人，而只有一方，也没有要约与承诺，只有承诺而已。在伊斯兰教法中，公司必须建立在两方缔约人之间的要约与承诺合同之上，出售、出租、婚姻以及其他类似的合同皆是如此。据此，股份公司并未依法订立，因此无效且为禁止之事，因为它与伊斯兰教法相抵触，并被伊斯兰教法所禁止。股份公司忽视了真主（subhanahu wa ta'ala）关于订立公司合同条件的命令，而这是真主（subhanahu wa ta'ala）所禁止的行为，因为祂禁止人们违背祂的命令：

“I make a third with two partners.” (reported by Abu Dawud from Abu Hurayrah, and he authenticated it and Al- Dhahabi confirmed it). And He (swt) ordered the contract to be upon offer and acceptance. So if the contract in any transaction does not fulfil these conditions: two contracting parties along with offer and acceptance, the contract is invalid and not concluded. Any action which occurred in this transaction is considered as a sin and a Haram action, since it would be considered a transaction that the Shari’ah had forbidden. An example of that would be the share companies, since they are concluded from one side, and by someone simply signing to the conditions of the company they become a partner and also by simply buying shares in the company they become a partner. According to the capitalists this is from the actions of individual choice, like an endowment or bequest in Islam. So in the share company there are not two contracting parties but rather there is only one party, and there is no offer and acceptance - rather there is acceptance alone. In the Shari’ah the company must be based upon a contract of offer and acceptance between two contracting parties, and similar to it is selling, renting, marriage and any other comparable contracts. Accordingly, the share company is not contracted and so is invalid and Haram, since it contradicts the Shari’ah and is considered to be prohibited by it. The share company neglected the order of Allah (swt) with respect to the conditions of contracting a company, and is an action that Allah (swt) prohibited since He (swt) prohibited people from contradicting His (swt) orders:

同理,人寿保险或任何针对货物、财产的保险都是哈拉姆(禁止的),因为这是保险公司与投保人之间的一份契约:投保人请求保险公司向他承诺,在其财物丢失时赔偿该物或其价款;就人身而言,则是在约定期限内发生所指定的事故时,赔付一笔约定的金额,人寿保险以及肢体保险等类似情形亦然。在保险中,并不存在被保证的人,也不存在责任的合并,因为公司所保证并与之合并责任的人并不存在。此外,在保险中,投保人并不对任何人负有债务,而公司却来为他担保;既然投保人对任何人都没有债务,也就谈不上公司为其承担责任。保险属于担保,而按照伊斯兰教法,担保是保证人与被保证人的责任合并,以履行债务。因此,必须有责任的合并,必须有保证人、被保证人,以及所担保的事项,并且所担保的必须是确定存在的债务。这些是担保成立与有效的条件。只要保险合同不满足这些教法条件,它在教法上就是无效的,是哈拉姆的。因此,投保即是犯罪,是哈拉姆的行为,也因此是教法所禁止的交易,因为一切无效的交易都是哈拉姆的。

In a similar fashion, life insurance, or any insurance for goods or property is Haram, since it is a contract between the insurance company and the insuring person in which the latter asks the insurance company to give him a promise that it will compensate him for that object which he loses or for its price with regard to goods or property, or a certain sum of money with regard to life and the like such as insurance for a limb. This takes place if the accident which was specified occurs within a defined period in exchange for a certain amount of money. In insurance there is no person being guaranteed, nor a joining of liabilities, since there is no person present who the company guaranteed and joined their liability to. Also in insurance there is no financial obligation for the believer with anyone that the insurance company committed him to, since the believer did not have a financial obligation to anyone, and then the company came and guaranteed him. Insurance is a guarantee, and the guarantee according to the Shari’ah is the joining of the liability of the guarantor with that of the one being guaranteed to fulfil the obligation, and so it is imperative that there should be a joining of liabilities, and there must be a guarantor, someone being guaranteed, and the issue that he is being guaranteed for, and it is imperative that it is a guarantee for a confirmed obligation they are liable for. These are the conditions for contraction and validity in the guarantee, and as long as the insurance contract does not fulfil these Shari’ah conditions then it is invalid according to the Shari’ah and is Haram. Therefore, to take out insurance is committing a sin and a Haram action and consequently is a transaction that the Shari’ah prohibited because every invalid transaction is Haram.