每一项附有全体穆斯林权利的土地或建筑，如果不属于公共财产，即为国家财产。国家财产包括可以被私人拥有的资产，如土地、建筑和动产。但由于其上附有全体穆斯林的权利，对它的接管和经营委托给哈里发，因为他是处理一切附有全体穆斯林权利之物的合法负责人。这些资产不属于公共财产，因为哈里发可以将其本源（Asl）的所有权及其收益授予个人，而他不得将公共财产本源的所有权授予任何人，无论是个人还是团体。因此，这些资产成为国家财产，因为国家有权处置它们，而这正是所有权的含义。

Each asset of land or building to which is attached a right for all the Muslims, and which does not belong to the public property, is a State property. The State property consists of assets which can be owned privately, like land, buildings and movable property. But since a right for all the Muslims is attached to it, taking charge of it and running it are entrusted to the Khalifah because he is the legitimate person responsible for the disposal of everything to which is attached a right for all the Muslims. These assets are not of the public property, as it is permitted for the Khalifah to grant the ownership of their origins (Asl) and their benefit to individuals, whereas it is not permitted for him to grant the ownership to anyone, whether an individual or group, the origin of public property. Therefore, these assets become State property, for the State has the authority to dispose of them, and this is the meaning of ownership.

尽管国家负责管理公共财产和国家财产，但这两类财产之间存在区别。凡属公共财产的部分，例如石油、天然气、可再生矿产、海洋、河流、泉水、公共广场、森林、牧场和清真寺，哈里发不得将其所有权授予任何个人或团体，因为这些财产属于全体穆斯林。哈里发须依照其自身的伊吉提哈德，在照管事务、维护穆斯林利益的前提下，通过特定的管理方式，使全体民众都能从这些财产中受益。

Though the State takes charge of managing the public property and state property, there is a distinction between the two properties. All that is part of the public property such as petroleum, gas, replenishable minerals, seas, rivers, springs, open squares, forests, pastures and mosques, is not permitted for the Khalifah to grant its ownership to anyone, whether an individual or group, as they are property for all Muslims. The Khalifah has to enable all the people, through a specific type of management, to benefit from these properties according to his own Ijtihad in looking after the affairs and discharging the interests of the Muslims.

至于属于国家财产的土地和建筑物，哈里发有权将其所有权授予个人，无论是授予其本体及收益，还是仅授予收益而不授予其本体的所有权，或允许人们耕种和占有。哈里发根据他认为对穆斯林有利和有益的原则，处置上述所有事务。

As for what is part of state property of land and buildings, it is for the Khalifah to grant ownership of it to individuals, whether its origin and its benefit or its benefit without granting ownership of its origin, or to allow its cultivation and possession. He disposes of all this, according to what he views as proper and good for the Muslims.

1. 沙漠、山地、海岸（海滩）以及不属于任何个人所有的未开垦（荒芜）之地。

1. Deserts, mountains, sea coasts (beaches) and uncultivated (dead) land not owned by individuals.

每一片沙漠、每一座山、每一处丘陵、山谷、海滩或未开垦的土地,无论其荒芜已久、从未被开垦过,还是曾经被开垦过,而后因其所有者消失而变成荒地,皆属于荒芜(死地)之地。所有这些沙漠、山地、海滩和未开垦之地都被视为未开垦(死地),归国家所有,哈里发依其所见与伊治提哈德(Ijtihad)的判断,根据他认为有利于穆斯林利益的做法处置这些土地。由他决定划拨其中的部分,或准许开垦,或设为私人领地(Tahjeer)。 据比拉勒·本·哈里斯·穆兹尼传述:“安拉的使者ﷺ将整个阿格艾格(Al-‘Aqeeq)划拨给了他。”另一则传述中说:“安拉的使者ﷺ将海与岩石之间的土地划拨给了比拉勒·本·哈里斯·穆兹尼。” 据阿慕尔·本·舒艾卜传自其父:“安拉的使者ﷺ将土地划拨给穆宰奈或朱海奈的人们。” 据阿迪·本·哈提姆传述:“安拉的使者ﷺ将亚玛玛的一块土地划拨给了弗拉特·本·海延·阿吉里。” 据阿比雅德·本·哈马勒·马兹尼传述:他曾作为使节前往安拉的使者ﷺ处,请求他将盐矿划拨给自己,他便划拨给了他。当他转身离去时,聚会中有一人说:“你知道你划拨给他的是什么吗?你划拨给他的是大量的盐矿(矿水)。”于是安拉的使者ﷺ便将其收回。 据阿慕尔·本·迪纳尔传述:“安拉的使者ﷺ抵达麦地那后,将土地划拨给艾布·伯克尔,并划拨给欧麦尔;安拉的使者ﷺ也曾将宽广的土地划拨给祖拜尔·本·阿瓦姆。他还将奈基耶(An-Naqi'i)荒地上一块足够他的马跑马的地方划拨给他,并将有树木和棕榈树的土地划拨给了他。” 这些圣训阐明，先知穆罕默德ﷺ把土地分配给了阿布·伯克尔、欧麦尔、祖拜尔、比拉勒·穆兹尼、阿比德·本·哈迈勒、富拉特·本·哈严、穆宰那部落和朱海奈部落的人以及其他人，这表明沙漠、山地、山谷以及无人拥有的未开垦土地属于国家财产，由哈里发根据其对穆斯林的利益判断来处置。先知ﷺ对这些土地的处置，以及将其分配给这些人，而这些土地并非因继承或征服而成为他个人的财产，清楚地表明这些土地归国家所有。如果它们不是国家的财产，他就无权对其处置，也不会将其分配出去，因为他对其中任何一块土地都不是以个人（或私人所有）的身份拥有所有权。

Every desert and every mountain, hill, valley, beach or uncultivated land, whether dead from a very long time and had never been cultivated before or had been cultivated before, then it changed into dead land because its landlords had vanished. All these lands of deserts, mountains, beaches and uncultivated land are considered as uncultivated (dead) and are owned by the State, and the Khalifah disposes of them according to his opinion and Ijtihad according to what he sees fit for the interests of Muslims. It is for him to allocate of it or give permission so as to be cultivated or closed off as private property (Tahjeer). From Bilal b. al-Harith al-Muzni: “The Messenger of Allah (saw) allocated to him the whole of Al-‘Aqeeq.” And in another narration, “The Messenger of Allah (saw) allocated to Bilal bin al-Harith al-Muzni what was between the sea and the rocks.” From ‘Amru b. Shu’aib from his father who said: “The Messenger of Allah (saw) allocated to people from Muzaina or Juhaina.” From ‘Adi ibn Hatim it is narrated “that the Messenger of Allah (saw) allocated to Furat b. Hayyan al-‘Ajli a land in Al-Yamama.” From Abyadh bin Hammal al-Mazini “that he was sent as an envoy to the Messenger of Allah (saw) and he asked him to allocate the salt to him and he allocated it to him. When he was turning away a man in the gathering said: ‘Do you know what you have allocated to him? You have allocated to him vast quantities of salt, water (mineral).’ He said: So the Messenger (saw) took it back from him.” And from ‘Amru b. Dinar, who said: “When the Messenger of Allah (saw) came to Madinah he allocated to Abu Bakr and allocated to ‘Umar as the Messenger (saw) made allocations to Az-Zubair b. al- ‘Awwam spacious land. He also allocated to him a place enough for his horse to race in the uncultivated land of An-Naqi’i, and he allocated to him land with trees and palm trees.” These Ahadith which clarify that the Messenger of Allah (saw) allocated to Abu Bakr, ‘Umar, Az-Zubair, Bilal al-Muzni, Abyadh b. Hammal, Furrat b. Hayyan, the people of Muzaina and Juhaina and others, denote that the desert, mountains, valleys and uncultivated land not owned by anyone are State property and it is for the Khalifah to dispose of as he sees proper to Muslims. The disposal of the Messenger of Allah (saw) of these lands, and his allocation of them to such persons, without their being personal property for him either by inheritance or conquest, clearly indicate that they are owned by the State. Were they not property of the State he would not have had authority over them, nor would he have allocated them for he was not owner of any of them in a personal (or private ownership) capacity.

这些是低洼之地，水会漫溢其上，例如库法与巴士拉之间存在的河滩平原，底格里斯河与幼发拉底河的水在冲破环绕河道的一些堤坝后，便从决口处涌出，使土地被淹没，从而变得不适于耕种，即便这些地方原本是花园、农场和房屋。这些河滩平原（al-Bata’ih）形成于卡巴特·伊本·菲鲁兹时期，此后因无人管理、被忽视，又因穆斯林与波斯人之间的战争，而不断扩大蔓延。其面积因此达到30法尔萨赫见方，即相当于27,225平方千米，因为一法尔萨赫约等于5.5千米。这些因水漫溢而无法播种的土地，即便此前曾有建筑和植物，也适用荒地（死地）的规定。因此，只要没有人对其拥有所有权，它们便成为公库（Bait ul-Mal）的财产，即国家的财产。与这些河滩平原相连的还有茂密的森林、丛林和沼泽，因为它们与之相似，也适用同样的规定。

These are the low lands over which water overflows such as the riverplains present between Kufa and Basra over which flows the water of Dijla and al-Epherate after it breaks some of the fences that surround the watercourse of the two rivers and make the water gush from the places of breaching and cause the lands to overflow thus making them unsuitable for cultivation even though they were gardens, farms and houses. These riverplains (al-Bata’ih) resulted at the time of Qabath ibn Firoz, and they increased afterward and spread due to the negligence and ignoring of them because of the wars between the Muslims and Persians. Thus their area reached 30 Farsakh times 30 Farsakh i.e. what is equivalent to 27,225 square kilometres as a Farsakh is approximately equal to 5.5 kilometres. These lands which the water overflows and become unsuitable for planting due to the overflow of water take the rule of uncultivated (dead) land even if they happened to be inhabited with buildings and plants before. Thus they become property of Bait ul-Mal and property of the State as long as they are not owned by anybody. Linked with these river-plains are the thick forests, jungles and swamps as they are similar to them and take their rule.

这些都是哈里发决定从被征服地区中划归国库（Bait ul-Mal）的土地。这些土地在其居民撤离之后仍无主人，或原属被征服国家的财产，其统治者和领导人，或在战争中被杀者，或从战斗中逃走并弃之不顾的人所有。

These are all lands which the Khalifah decides to add to Bait ul-Mal from the conquered lands which remain without an owner after its people evacuated it or was owned by the conquered State, its rulers and leaders or those who were killed in the war or fled from the battle and abandoned it.

第一个将这部分战利品单独划出、专门作为国库（Bait ul-Mal）之用的人，是欧麦尔·伊本·赫塔卜。阿布·尤苏夫说：阿卜杜拉·伊本·阿尔-瓦利德，即阿卜杜拉·伊本·阿比·胡拉的奴隶，向我讲述道：“欧麦尔·伊本·阿尔-赫塔卜从伊拉克人的财产中划出了十类：战斗中阵亡者的土地、逃跑者的土地、霍斯洛（波斯国王，即Kisra）的所有土地、其家族任何成员的所有土地、所有水源丛林，以及每一处修道院的邮驿。他又说：我还忘了波斯国王们遗留的另外四项财产。”他说：“欧麦尔所没收的哈拉只（Kharaj）总额达七百万迪拉姆。”

The first to segregate this share of the booty, and make it purely for Bait ul-Mal, was ‘Umar ibn al-Khattab. Abu Yusuf said: Abdullah b. Al-Walid, the slave of Abdullah ibn Abi Hurra, narrated to me and said: “‘Umar ibn Al-Khattab segregated from the people of Iraq ten types (of property): The lands of the one killed in the war, the one who fled, all lands belonging to Khosrau (the Persian king (Kisra)), all lands belonging to anyone of his family, all thickets of water, and every monastic post office, and he said: I forgot four remaining properties belonging to the Persian kings’, he said: ‘And the Kharaj of what ‘Umar sequestered amounted to seven million Dirhams.’.

因此,当哈里发国家征服各地时,哈里发必须将被征服国家、其统治者或领导人所拥有的一切建筑与土地,或在战场上被杀者所遗留的财产,以及逃离战争而弃下土地的人的财产,并入国库(Bait ul-Mal)的财产,即国家财产。哈里发将依其所见,以对伊斯兰和穆斯林有利的方式处置这些财产。

Therefore, when the Khilafah state conquers lands the Khalifah has to add to the property of Bait ul-Mal, i.e. State property, all buildings and lands which were owned by the conquered state, or its rulers or leaders, or those killed in the fields of war or those who fled from the war leaving their land behind. The Khalifah will dispose of it as he sees fit and of interest to Islam and Muslims.

这些宫殿、建筑物或有屋顶的房屋，是国家在所征服的土地上没收的，它们原本被划归被征服国家的各机关和部门，或其机构、公用事业、大学和学校、医院、博物馆、公司和工厂。它们也包括国家、其统治者、领导人所拥有的财产，或因战争或逃离战场的人所有的财产，以及因畏惧穆斯林而逃离并将其遗弃的人所有的财产。所有这些宫殿、建筑物和有屋顶的房屋，都成为穆斯林的战利品和战利品，归公库（Bait ul-Mal）所有，并属于国家所有。

These are the palaces, buildings or roofed houses seized by the State in the land it conquered and which were designated to the offices and departments of the conquered state, or to its institutions, utilities, universities and schools, hospitals, museums, companies and factories. They were also properties owned by the State, its rulers, leaders or those who fled the war or the battlefield, or those who were frightened of the Muslims and fled leaving them behind. All these palaces, buildings and roofed houses become booty and spoils to the Muslims, and they are due to the Bait ul-Mal and owned by the State.

同样,国家建造的或用公共财库(Bait ul-Mal)资金购置的每一座建筑物或有顶房屋,均归国家所有,并专门用于国家机关及其所属机构、部门、公共事业单位、大学和学校、医院,或其所监管的任何公共事业。国家还拥有一切被授予、捐赠或遗赠给它的建筑物或有顶房屋,以及从无继承人者或因叛教而死亡或被处死的叛教者那里所继承的建筑物或有顶房屋。

Similarly every building or roofed house built by the State or purchased by funds from Bait ul-Mal is owned by the State and is designated for the offices of the State or its institutions, departments, utilities, universities and schools, hospitals or any utility which it supervises. The State also owns every building or roofed houses awarded, donated or bequeathed to her, or inherited from those who have no inheritor or from the apostate who has died or been killed due to his apostasy.

伊斯兰教法将照料穆斯林事务、维护他们的利益、满足他们的需求并以善与益处来处理这些事务的责任托付给哈里发，依据他自己的伊杰提哈德（独立判断）行事。他必须尽其所能地运用国家财产，以增加国库（Bait ul-Mal）的收入，使所有穆斯林受益，并防止国家财产被荒废、其收益被浪费、其收入被中断。

Shari’ah has entrusted to the Khalifah the taking care of the affairs of Muslims, discharging their interests and fulfilling their needs with what is of good and benefit, according to his own Ijtihad. He has to utilise the State properties to the best of his ability, so as to increase the revenues of Bait ul- Mal, to benefit all Muslims, and to prevent the State properties from being neglected, their benefits wasted and their revenues stopped.

真主的使者ﷺ以及他之后的哈里发们，都会根据他们认为对伊斯兰和穆斯林有益的方式来运用这些财产。

The Messenger of Allah (saw) , and the Khulafa’a after him, all used to utilise these properties according to what they saw as beneficial to Islam and Muslims.

投资国家财产并不意味着国家变成了商人、生产者或实业家，也不意味着它要像商人、制造商或实业家那样行事。国家是监护者，因此，国家在利用国家财产时，应当体现出对民众事务的照料、对民众利益的履行以及对民众需求的供给。所以，国家的职责原则上是监护，而不是谋取利润。

Investing the State properties does not mean that the State becomes a merchant, a producer or a businessman, such that it behaves as a merchant, manufacturer or businessman. The State is a guardian, therefore there should appear in its utilisation of the State properties, the taking care of the affairs of the people, discharging their interests and providing for their needs. So its job in principle is guardianship and not one of acquisition.

国家财产可以通过多种方式加以利用，包括：——

The State properties can be used in a number of ways including: -.

1. 出售或出租：凡属国家财产、而公共利益又要求将其所有权或其收益权交予民众的土地或建筑，国家可根据其对实现公共利益的判断，将其出售或出租给民众。无论是城镇之内、用于设立市场或住房的土地，还是城镇之外或其附近、用于设立仓库或牲畜、羊群、家畜及家禽圈舍的土地，或是位于海岸或河流沿岸、用于设立工厂或经济设施、或用于耕种与植树造林的可耕地，均可如此处理。农业用地是例外，只能出售，不能出租。

1. Sale or leasing: All that which is State property and the public interest also requires the giving of its ownership, or the ownership of its benefit to the people, of land or buildings, it may sell or rent to them according to its view in achieving the benefit. This is whether it is land within a town to establish markets or houses or outside or close to it to establish warehouses or enclosures for cattle, sheep, livestock or domestic birds, or at the coast of seas or rivers to establish factories or economic installations or cultivated agricultural land for farming and forestation. Agricultural land is an exception to this and is only sold not rented.

2. 将主要种植树木且归国家所有的土地交给人们耕种，作为回报，耕作者须向国家交纳其产出的一部分，例如四分之一、三分之一或一半，这与使者ﷺ对待开海尔、法达克和瓦迪·古拉居民的做法相似。

2. Utilising a land which is mostly planted with trees and owned by the State is given to people to work in it, in return of a part of what it produces such as a quarter, a third or a half, similar to what the Messenger of Allah (saw) did with the people of Khaybar, Fadak and Wadi al-Qura.

公用设施（Marafiq）是指能从中获得益处的资产，例如房屋、土地和政府的资产。该词源自 Rafiqe Bihi，意为"帮助了他，使他受益"。公用设施是国家为全体公民的利益而设立的资产和服务，包括：

Utilities (Marafiq) are the assets from which benefit is derived, such as those of a house, land and government. This is derived from the word Rafiqe Bihi which means ‘helped him and benefited him’. The public utilities are the assets and services established by the State for the benefit of all citizens, and they include:

1. 通信服务，例如信件、电话、电报、电传、电视及卫星通信等。

1. Communications Services such as for letters, telephones, telegrams, telex, television and satellite communications etc.

2. 货币兑换服务，包括转账、存款、货币兑换、铸造金银货币或将其熔铸成金银条块。国家银行将负责这些服务，以及允许执行的不涉及高利贷（riba）的其他服务。

2. Money-exchange Services for transferring, depositing, changing currency, minting gold and silver currency or transforming it into ingots. The State bank will take charge of these services and those non-usurious services allowed to be executed.

3. 公共交通服务，例如在公共道路以外运行的火车，因为公共道路上的铁路属于公共财产，遵循公共道路的规则；飞机和海上运输工具同样适用此规定。

3. Public Transport Services, such as trains in other than the public roads, as railroads in public roads are public property following the rule of public roads, which also applies to planes and means of sea transport.

这些生产资料属于个人所有，个人被允许拥有。同时，如果国家认为这样做有利于穆斯林并能便利他们的出行，国家也可以拥有这些资料，例如飞机、火车和轮船。

These means are of individual property which are permitted for individuals to own. At the same time, it is allowed for the State to own these means, such as planes, trains and steamships, if it sees it fit for Muslims to help them and to facilitate their transport.

4. 工厂：国家有义务设立两类工厂，因为国家有责任照顾民众的利益。

4. Factories: The State is obliged to set up two types of factories, owning to the obligation upon it to take care of the interests of the people.

第一类是与公共财产相关的工厂，例如采矿、矿物处理与冶炼的工厂，以及天然气开采与处理的工厂。此类财产可以依照其所生产或与之相关的产品，作为公共财产加以拥有。由于公共财产资产是全体穆斯林共同拥有的公共财产，生产这些产品的工厂也可以作为全体穆斯林共同拥有的公共财产，并由国家代表穆斯林加以设立。

The first type are factories related to the public property assets like factories for mining, treating and smelting minerals, as well as factories for extracting and treating gas. This type of property is allowed to be owned as public property conforming to the products which is being produced or to which it relates. Since the public property assets are owned as public property for all Muslims, the factories producing them can be owned as public property for all Muslims and the State establishes them, on behalf of Muslims.