第167条
Article 167
国家的货币应仅限于金和银,无论是否铸造成币。国家不允许使用其他形式的货币。国家可以发行一种代替金银的货币,前提是伯特·马尔(Bayt Al-Mal)中储有与所发行货币等值的金银,以足额覆盖所发行的货币。因此,只要其完全由金银作担保,国家便可以以自己的名义发行由黄铜、青铜或纸币等制成的货币。
The currency of the State is to be restricted to gold and silver, whether minted or not. No other form of currency for the State is permitted. The State can issue something as a substitute for gold or silver provided that the Bayt Al-Mal has the equivalent amount of gold and silver to cover the issued coinage. Thus, the State may issue coinage in its name from brass, bronze or paper notes and so on as long as it is covered completely by gold and silver.
当伊斯兰确立买卖与雇佣的规则时,它并未规定货物或服务与利益之间用来交换的究竟是什么,从而使某物成为必须以之作为交换的基准。相反,它让人们自行交换,只要双方同意这种交换,可以用任何东西来进行。因此,以教授女方缝纫作为聘礼而娶她是允许的,以在工厂工作一个月换取一辆汽车也是允许的,为某人工作以换取一定数量的糖同样是允许的。沙里亚将交换的问题留给人们自行决定,使他们可以依据自己所愿的任何事物来确定交换,这一点由关于贸易与雇佣的普遍性证据所证明,例如:
When Islam decided the rules of selling and hiring, it did not specify what would be exchanged for the goods or service and benefit such that upon that basis that thing would become obligatory. Rather it left man to exchange using anything as long as there was mutual consent for that exchange, and so it is permitted to marry a woman upon teaching her sewing, and to buy a car in exchange for working in the factory for a month, and it is permitted to work for an individual for a specific amount of sugar. The Shari’ah left the issue of exchange open for people so that they could base it upon whatever they wanted, which is proven by the generality of the evidences for trade and hiring such as:
“而真主(SWT)允许买卖”(《古兰经》2:275)——适用于任何事物,并以任何事物进行。以及那段圣训:
“And Allah (swt) has permitted trade” (TMQ 2:275) – for anything and by anything, and the narration:
.» أَعْطُوا الأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يََِفَّ عَرَقُه «.
.» أَعْطُوا الأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يََِفَّ عَرَقُه «.
“要在工人的汗水干之前付给他工资。”(由伊本·马哲记录)换言之,工人应当在完成工作时领取其薪酬,无论这笔报酬的性质如何。此外,这些用于交换的物品并非本身就受限制的行为(须有证据方可),因此其许可也不需要证据,而是属于“物”的范畴。关于物,原则是在没有禁止性证据的情况下皆为许可,而且没有任何经文记载禁止用任何物品作为交换的媒介,因此,以它们进行伊斯兰教法许可的交易是允许的,无论是买卖、赠与还是交换,唯独有经文禁止交换的除外。基于此,以货物换取货币、以货币换取货物是允许的,没有任何限制;唯独货币与货币之间的交换因有其特定规则,因而受那些规则约束。同样,以劳务或努力换取货币、以货币换取劳务或努力,也是允许的,除非某项货物或服务在经文中被明确禁止。因此,以货物交换某种特定形式的货币,以及以服务或劳力换取某个特定单位的货币,同样是允许的,无论该货币单位为何。所以,无论该货币单位是否有任何担保物,例如法定货币(纸币);或是由特定数量的黄金作担保,例如可兑换的纸币;还是以与其面值相等的黄金和白银作支撑,例如代表性纸币,它们全部都被视为可以用来交易。因此,以货物或服务交换任何货币单位都是正确的,穆斯林可以用任何货币出售、用任何货币购买、用任何货币雇佣,也可以为任何货币而受雇工作。
“Give the worker his wages before his sweat dries.” (reported by Ibn Maja); in other words, that the worker should receive his salary when he finishes his work, whatever the nature of that wage. Additionally, these things that are used for exchange are not actions such that they would in origin be restricted (to the evidence) and so their permission would require an evidence, but rather they are things. The origin regarding things is that they are permitted as long as there is no evidence to prohibit them, and there is no evidence reported which prohibits using anything as an exchange, and so accordingly it is permitted to carry out Shari’ah transactions with them whether buying and selling, giving as a gift or exchanging with the exception of anything where there is a text prohibiting its exchange. Based upon this, exchanging goods for money, and money for goods is permitted without any restrictions, except for exchanging money with money because it has specific rules and so it is restricted by those rules. In the same manner, exchanging effort for money, and money for effort, is permitted without restriction unless the goods or service have been mentioned in a text as being forbidden. Accordingly, to exchange goods for a specific form of money, and in the same manner to exchange a service or effort for a specific unit of money, is also permitted without any restriction, whatever the unit of that money may be. So irrespective of whether that unit doesn’t have anything backing it, such as fiat currency, or if it was backed by a specific amount of gold , such as secured paper currency, or if the unit was backed by gold and silver to its value such as representative paper currency, all of them are considered to be allowed to trade with. Therefore, it is correct to exchange goods or services for any unit of money and it is permitted for the Muslim to sell for any currency and to buy with any currency and to hire with any currency and to be employed for any currency.
然而,如果国家希望其所统治的土地采用某一特定的货币单位,以便落实伊斯兰教法中与财务相关的规定——即从财富角度而言的天课、交易、利息及其他事项,以及与财产所有者相关的规定,例如血钱、构成盗窃罪的最低窃取金额等——那么它就不能随意使用任何特定的货币单位,而是只能使用某一特定类型的货币,不得使用其他。伊斯兰教法规定了货币单位,即经文所提及的特定种类,这便是黄金和白银。因此,如果国家要发行货币,它只能以黄金和白银为货币,别无其他。伊斯兰教法并未让国家随意发行任何它所希望的、任何种类的货币,而是规定了国家若想为自己发行具有特定货币单位的货币时,所能采用的货币单位,即仅限于黄金和白银。其证据在于,伊斯兰教将黄金和白银与固定的规定联系在一起,且毫无改变。因此,当规定血钱时,是以一定数量的黄金来确定的;当规定斩断窃贼之手的刑罚时,施行刑罚的最低金额也是以黄金来确定的。先知ﷺ在给也门人的文书中说:
However, if the State wanted the lands that it ruled to adopt a specific unit of money, such that it implements the rules of the Shari’ah related to finance from the angle of it being wealth such as Zakah, exchange, interest and anything else, and the rules related to the individual who owned the wealth such as blood money, the minimum stolen amount that would be considered theft, and so on, then it does not have an open hand to use any specific monetary unit, but rather it is restricted to use only a specific type of money and no other. The Shari’ah specified the monetary unit, from a specific genus which the text mentioned, and this is gold and silver. So if the State wanted to issue a currency, it is restricted to the money being gold and silver and nothing else. The Shari’ah did not leave the State to issue any money it pleased, from any type it wanted, but rather it specified the monetary units which the State could make as a currency for itself if it wanted to issue a currency with specific monetary units; which are gold and silver alone. The evidence for this is that Islam connected to gold and silver with fixed rules, and without any change. So when blood money was specified, it was specified from a specific amount of gold, and when the cutting of the hand of the thief was obligated, the minimum amount that the punishment would be applied for was specified from gold; the Messenger (pbuh) said in his message to the people of Yemen:
. ؤْمِنَةِ مِاْئَةٍ مِنَ الإِبِلِ، وَعَلَى « ُ » وَأَنَّ فِي النَّفْسِ الم أَهْلِ الْوَرَقِ أَلْفُ دِينَارٍ .
. ؤْمِنَةِ مِاْئَةٍ مِنَ الإِبِلِ، وَعَلَى « ُ » وَأَنَّ فِي النَّفْسِ الم أَهْلِ الْوَرَقِ أَلْفُ دِينَارٍ .
“以及信道者的灵魂(若被杀)应赔偿一百头骆驼,而拥有白银者应赔偿一千第纳尔”(伊本·古达玛在《穆格尼》中引述,出自阿慕尔·本·哈兹姆所传的、安拉的使者ﷺ致也门人的信)。在奈萨仪所载安拉的使者ﷺ致也门人之信的记述中:“而拥有黄金者应赔偿一千第纳尔”,以“拥有黄金者”取代了“拥有白银者”。他说:
“and for the believing soul (if killed) it is one hundred camels, and for the people of silver one thousand Dinars” (mentioned by Ibn Qudamah in Al-Mughni from what was reported from ‘Amru b. Hazim from the letter of the Messenger of Allah (pbuh) to the people of Yemen). And in the report in Al-Nisa’i regarding the letter of the Messenger of Allah (pbuh) to the people of Yemen: “and upon the people of gold it is one thousand Dinars” in place of: “people of silver”. And he said:
. » لا تقُْطَعُ يَدُ السَّارِقِ إِلاَّ فِي رُبْعِ دِينَارٍ فَصَاعِدًا «.
. » لا تقُْطَعُ يَدُ السَّارِقِ إِلاَّ فِي رُبْعِ دِينَارٍ فَصَاعِدًا «.
“不得为不足四分之一第纳尔的东西截手”(穆斯林圣训实录由阿伊莎(愿主喜悦她)传述)。
“Do not cut (the hand) except for a quarter of a Dinar and more” (reported by Muslim from Aisha(ra)).
这些条文对第纳尔和迪拉姆作出了具体规定:第纳尔以黄金的重量来衡量,迪拉姆以白银的重量来衡量,因此二者成为类似于物品和劳动价值的货币单位。这一货币单位即是货币及其基础。伊斯兰教法在文本上将黄金和白银与涉及货币的教法规定相联系,这一事实证明,货币只能由黄金和白银本身构成。
This defines specific rules with Dinars and Dirhams, and the weight of the Dinar measured by gold, and the Dirham by silver, which made them monetary units analogous to the value of objects and effort. This monetary unit is the currency and its basis. The fact that the Shari’ah textually connected gold and silver to the Shari’ah rules when these rules were related to currency is evidence that the currency can only be from gold and silver alone.
另外,当安拉(swt)规定天课时,祂(swt)只将天课义务施加于黄金和白银,并以黄金和白银来规定尼萨布(Nisab)。因此,对货币征收天课的依据是以黄金和白银为准,这表明货币必须是黄金和白银。如果存在除此之外的其他货币,那么对货币征收的天课就应当适用于它。由于关于货币天课的经文只针对黄金和白银,这表明对其他任何类型的货币都没有这样的考量。此外,关于货币兑换的规定,即仅针对货币交易而降示的规则,也只涉及黄金和白银,而伊斯兰教中提到的所有金融交易都以黄金和白银来衡量。货币兑换是以钱换钱,即以一种货币换同一种货币,或以一种货币换另一种货币;换言之,货币兑换就是以一种货币交换另一种货币。伊斯兰教法将纯属货币交易的货币兑换仅限定于黄金和白银,这明确证明货币必须由黄金和白银构成,而不能是其他任何东西。他说:
Additionally, when Allah (swt) obligated Zakah, He (swt) obligated it upon gold and silver alone, and specified the Nisab from gold and silver, and so the consideration that the Zakah upon money is by gold and silver specifies that the currency is gold and silver, and if there was a currency other than them then Zakah for money would have been obligatory upon it. Because there is no text for Zakah upon money except upon gold and silver, this indicates that there is no consideration for any other type of money. Also, the rules of currency exchange which were revealed regarding monetary transactions alone addressed gold and silver alone and all of the financial transactions mentioned in Islam are dealt with in gold and silver. And currency exchange is to sell money for money, either to sell one type of money with itself, or to sell it for another type of money, and by another expression currency exchange is to sell a currency for a currency. The Shari’ah specified currency exchange – which is a purely monetary transaction – with gold and silver alone, which is a clear evidence that the currency must be from gold and silver and nothing else. He said:
.» وَبِيعُوا الذَّهَبَ بِالْفِضَّةِ وَالْفِضَّةَ بِالذَّهَبِ كَيْفَ شِئْتُمْ «.
.» وَبِيعُوا الذَّهَبَ بِالْفِضَّةِ وَالْفِضَّةَ بِالذَّهَبِ كَيْفَ شِئْتُمْ «.
“金与银可以随意买卖”(布哈里从艾布·伯克拉处转述)。穆斯林也通过乌巴达·本·萨米特转述了类似的圣训。使者(愿主赐福并平安)还说:
“Sell gold for silver as you please” (reported by Al-Bukhari from Abu Bakra). And Muslim reported similar to it through Ubada Bin Al-Samit. The Messenger (pbuh) also said:
.» الذَّهَبُ بِالْوَرِقِ رِباً إِلاَّ هَاءَ وَهَاء «.
.» الذَّهَبُ بِالْوَرِقِ رِباً إِلاَّ هَاءَ وَهَاء «.
“金换银是利息(高利贷),除非是当场交割”(一致认可,传自欧麦尔)。
“Gold for silver is interest (usury) unless it is exchanged hand to hand” (agreed upon from Umar).
在此之上,使者ﷺ规定金和银为货币,并且只以它们作为衡量价值的标准,货物与劳务的价值都以之计量,交易也依此进行。这种货币的计量单位有:盎司(Awqiya)、迪拉姆(Dirham)、达尼克(Daniq)、克拉特(Qirat)、米思喀勒(Mithqal)和第纳尔(Dinar)。这些在先知ﷺ时代都是人所共知、广为人知的,人们也以之进行交易。并且有确凿证据表明他认可了这些单位。所有的贸易与婚姻都是以金和银进行的,这已被多段可靠的圣训所证实。因此,使者ﷺ以金和银作为货币,伊斯兰教法将某些教法规定只与它们相联系,天课对货币的规定只限于它们,货币兑换和金融交易也只限于它们,这些都清楚地证明:伊斯兰的货币只有金和银,别无其他。
Above that, the Messenger (pbuh) specified gold and silver as money, and made them alone the measures of monetary value which the values of goods and efforts were measured against, and upon which basis transactions were carried out. The measures for this currency were the Awqiya, the Dirham, the Daniq, the Qirat, the Mithqal, and the Dinar. These were all well known and famous at the time of the Prophet , and the people would transact with them. And it is confirmed that he consented to them. All of the trade and marriages took place with gold and silver, as has been confirmed by several authentic narrations, and so the fact that the Messenger (pbuh) made gold and silver the currency, and the fact that the Shari’ah linked some of the Shari’ah rules with them alone, and that Zakah upon money is limited to them, and currency exchange and financial transactions were limited to them, are all clear evidence that the money of Islam is only gold and silver and nothing else.
然而,必须明确:沙里亚规定国家可以发行的货币为金银货币单位,这并不意味着国家限制其统治地区内人们之间的交易。它的含义是,沙里亚中规定使用这些特定货币单位的各项法律规定,只能依照该货币来执行。至于一般的交易,则依沙里亚所许可的,仍然是被允许的。国家不得将其限定于某一特定货币单位,换言之,不得将其限定于本国货币或任何其他货币,因为这种限制等同于禁止了被允许之事,而国家无权这样做。然而,如果国家认为,在其管辖的地区允许使用任何其他货币会损害其货币、财政或经济,换言之,会造成伤害,那么依据“通向禁止之事的手段也是被禁止的”这一原则,国家可以加以制止。同样,如果国家认为某种特定货币会导致这种伤害,那么依据“许可之事中,若某一类导致伤害,则只禁止该类,其余仍被允许”这一规则,国家可以禁止该种货币。这同样适用于本国货币的出口,以及外币的进口和出口,与适用于国内交易的情形相同。
However, it is necessary to be clear that the fact that the Shari’ah specified the currency that the State can issue as being monetary units from gold and silver, does not mean that the State restricts the exchanges between the people in the lands which are ruled by this currency, rather it means that the Shari’ah rules which the Shari’ah specified the use of these specific monetary units cannot be carried out other than in accordance with this money. As for general exchanges, they remain permitted as brought by the Shari’ah. It is not permissible for the State to restrict them to a particular unit; in other words, it is not permissible to restrict them to its or any other currency, since this restriction would be the forbiddance of something permitted, which is not permitted for the State to do. However, if the State thought that permitting any other currency in the lands it had authority over would lead to damaging its currency, its finance or its economy, in other words, would lead to harm, then it would be permitted to prevent it in accordance with the principle: “The means to something forbidden is also forbidden”. In the same manner, if it thought that a particular currency would lead to that harm, then it could prohibit that currency in accordance with the rule: “If one type of a permitted thing leads to harm then only that one is prohibited, and the thing remains permitted”. This is also applied to exporting the currency of the State, and importing and exporting foreign currency, in the same way that it is applied upon the transactions within the State.