非法财产（Mal al-Ghulul）是指官员、政府雇员和公务人员以不正当手段获得的财产，无论是从国家还是从民众的财产中获取。除国家规定作为补偿或薪俸给予他们的部分外，他们不得获取任何其他东西。凡是通过强制、权势或职位而获得的其他钱财，都被视为非法财产，属于非法所得，无论是从国家财产还是个人财产中获取。这类财产并非合法拥有，因为它是以不正当方式获得的，如果知道其所有者，就必须归还给所有者。如果不知道所有者是谁，则必须没收，并存入穆斯林的公共财库（Bait ul-Mal）。真主（SWT）说：

Illicit money (Mal al-Ghulul) is property acquired by the governors, government employees and civil servants illegitimately, whether acquired from the State or peoples’ properties. Nothing is allowed for them except what the State obliged for them as compensation or a salary. Any other money acquired by force, authority or their position is considered illicit property and illegally acquired, whether acquired from the State’s or individuals’ property. It is property not legally owned as it was acquired illegitimately and must be returned to its owner if known. If the owner is not known, then it must be confiscated and placed in the Bait ul-Mal of the Muslims. Allah (swt) says:

“谁非法取得财物，谁就要在复活日承担他所取得的（罪责）。” [Al-Imran: 161]

“Whoever took (property) illicitly will bear what he acquired on the Day of Judgement” [Al-Imran: 161]

从穆阿兹·本·哲白勒（愿安拉喜悦他）传述，他说：“安拉的使者ﷺ派我去也门。我在途中时，他派人追来召我回去，我便返回了。他说：‘你知道我为何召你回来吗？不要在未经我许可的情况下取得任何东西，因为那是非法的侵吞（Ghulul），凡非法取得的人，在审判日将背负他所取得的东西。我召你回来正是为此。你去继续你的工作吧。’”（提尔米兹辑录） 从阿布·麦斯欧德传述，他说：“安拉的使者ﷺ派我去征收天课（Sadaqat），他说：‘我不愿在审判日看到你牵着你非法取得的天课骆驼前来，那骆驼在你背上吐着白沫！’我说：‘那我就不去了。’他说：‘那我也不强迫你。’”

From Mu’az bin Jabal, he said: “The Messenger of Allah (saw) sent me to Yemen. As I traveled he sent someone after me to call me back so I returned. He said: ‘Do you know why I sent for you? Don’t acquire anything without my permission as it is illicit (Ghulul), and whoever acquired illicitly will bear what he acquired on the Day of Judgement. For this I called you. So proceed with your work’” (narrated by Tirmidhi). From Abi Mas’ud, he said: “The Messenger of Allah (saw) sent me to collect Sadaqat, and he said: ‘Let me not observe you on the Day of Judgement coming with a camel of the camels of Sadaqah that you had illicitly acquired, foaming on your back!’ I said: ‘Then I will not proceed,’ and he said: ‘Then I will not force you.’”.

以下是从统治者、政府官员和公务人员处非法获取财物的方式：

The illegitimate methods of acquisition from the governors, government employees and civil servants are as follows.

这是指付给总督、官员、法官或公务员的一切钱财，以使其完成民众的某项利益，而这项利益他本应在无此类付款的情况下完成。一切贿赂，无论其种类如何，也无论数额、手段或付款的理由为何，都是哈拉姆（禁止的）。艾布·达吾德转述艾布·胡莱赖夫的圣训，他说：“安拉的使者ﷺ说：‘安拉的诅咒降临于行贿者和掌权的受贿者。’”（SWT）提尔米兹转述阿布杜拉·本·阿穆尔的圣训，他说：“安拉的使者ﷺ说：‘安拉的诅咒降临于行贿者和受贿者。’”（SWT）艾哈迈德转述萨乌班的圣训，他说：“安拉的使者ﷺ诅咒行贿者、受贿者，以及两者之间的中间人。”这些圣训明确确立了禁止贿赂的绝对性。

This is all money given to the governor, official, judge or civil servant to fulfil one of the interests of the people that he is obliged to fulfil without such payment. All bribery, whatever its type, is Haram irrespective of the amount, the means, or reason for it’s payment. Abu Dawud narrated from Abu Hurayra, he said: “The Messenger of Allah (saw) said: ‘The curse of Allah (swt) is on the briber and the taker in authority.’” Tirmidhi narrated from Abdullah bin Amru, he said: “The Messenger of Allah (saw) said: ‘The curse of Allah (swt) is on the briber and taker.’” Ahmad narrated from Thauban, he said: “The Messenger of Allah (saw) cursed the briber, taker and the middle-man between them.” These Ahadith are explicit in establishing the absolute prohibition of bribery.

贿赂是指为了完成本应无偿履行的、属于他人的利益而收取的报酬，即义务人为履行本分而收取的报酬。它也指为了不去做本应去做的事而收取的报酬，还可以指为了去做国家禁止的行为而收取的报酬。无论所求的利益是获取好处还是免除伤害，无论所求之事是合法（Haqq）还是无效（Batil），在利益层面并无差别。凡通过贿赂获得的财产，只要不是依法所有，都被视为非法（Haram）。这些财产必须予以没收，并交入公库（Bait ul-Mal），因为它是以不正当手段获得的。收受者、行贿者以及二者之间的中间人，都应受到惩处。

Bribery is taken, as remuneration for fulfilling an interest that must be fulfilled without such remuneration for the one obliged to fulfil it. It is also taken as remuneration for not undertaking an action that must be undertaken, and it can be taken as remuneration for undertaking an action prohibited by the State. There is no difference in the interest whether it is obtaining a benefit or avoiding harm, or whether it was valid (Haqq) or void (Batil). Every property acquired by way of bribery is considered prohibited (Haram) that it is not legally owned. It must be confiscated and placed in Bait ul-Mal for it has been illegitimately acquired. The taker, payer and middleman between them must all be punished.

任何以礼物或捐赠形式呈送给总督、官员、法官或公务员的财物，都被视为贿赂，上述人员接受是不被允许的。一个人向这些官员送礼，除非他有所图谋，想要推进某件事，或想要得到某种好处，否则没有理由这样做。送给总督、官员、法官和公务员的礼物与捐赠，被视为非法所得（Ghulul），并会导致进入火狱。先知ﷺ明确禁止接受此类礼物。布哈里和穆斯林从艾卜·哈米德·阿斯-赛迪（Abu Hamid As-Sa’idi）处传述，他说：“先知ﷺ委派了一位来自Banu Asad、名为伊本·鲁特比耶（ibnul-Lutbiyya）的人负责收取天课（Sadaqah）。他回来后说：‘这是你们的，这是别人赠送给我的。’先知ﷺ站到讲坛上，赞颂并称赞安拉（SWT），然后说：‘我们委派的官员怎么了？他来后说：这是你们的，这是别人赠送给我的。他为什么不坐在他父亲或母亲的家里，看看会不会有人送他礼物呢？以穆罕默德ﷺ的灵魂掌握在其手中的那位发誓，你们中的任何人若得到这类东西，他都将在复活日把它扛在脖子上，无论是吼叫的骆驼、哞叫的牛，还是咩叫的羊！’然后他举起双手，直到我们看见他两腋下的毛发，并说了两遍：‘安拉啊，我传达了吗？’”

Any property presented to the governors, officials, judges or civil servants by way of gifts or donations is considered as bribery and it is not allowed for the persons listed to accept it. There is no reason for a person to present such a gift to these officials unless he has an interest he wishes to pursue or if he wishes to gain some kind of favour. Gifts and donations to governors, officials, judges and civil servants are considered illicit property (Ghulul) and lead to Hellfire. There has come explicit prohibition from the Prophet (saw) about accepting such gifts. Al-Bukhari and Muslim narrated from Abu Hamid As-Sa’idi, he said: “The Prophet (saw) appointed a man from Banu Asad, known as ibnul- Lutbiyya, over the Sadaqah.When he returned he said: ‘This is for you and this has been gifted to me.’ The Prophet (saw) stood on the Mimbar, praised and commended Allah (swt) then said: ‘What is wrong with the official we appointed that he comes and says: This is for you and this has been gifted to me.Why did he not sit in his father’s or mother’s house to see if he would get any gifts or not? By the One in whose hand the soul of Muhammad (saw) lies, none of you will obtain anything of the like save that he will come bearing it on his neck on the Day of Judgement, whether a foaming camel or a mooing cow or a bleating sheep!’ Then he raised his arms upwards until we saw the hair of his two armpits and said twice: ‘O Allah (swt), have I conveyed?’”.

因此，凡是赠送或捐献给统治者、官员、法官和公务人员的财产，都被视为非法获取，不属合法所有，必须没收并归入穆斯林的公库（Bait ul-Mal）。

Therefore, every property gifted or donated to the governors, officials, judges and civil servants is considered illegally acquired and not legally owned. It must be confiscated and placed in the Bait ul-Mal of the Muslims.

这些是统治者、总督、官员、他们的亲属或公务人员凭借权势、职位，以强迫、权力和压制的手段，从国家或人民的财产和土地中夺取的财产和土地。以这些方式夺取的任何财产，无论是国家的还是人民的财产和土地，都被视为非法获得，不具有合法所有权。所有此类夺取都被视为不义（Zulm），不义是哈拉姆，在审判日会成为黑暗。它也被视为非法财物（Ghulul），属于火狱。先知ﷺ说：“谁非法取得任何土地，在审判日他将被陷入七层地下。”在另一段圣训中：“谁不义地取得一掌之地，在审判日它将像七层大地一样套在他的脖子上。”（由两位圣训学家“双Shaikh”所记载）。阿伊莎传述，她说：“先知ﷺ说：‘谁不义地取得一掌之地，安拉（SWT）将把七层大地像项圈一样套在他的脖子上。’”（一致公认的圣训）。

These are the properties and lands seized by the rulers, governors, officials, their relatives or civil servants from the State’s or people’s properties and lands by coercion, authority and domination due to the ruler’s power and position. Any property seized in any of these ways, whether of the State’s or people’s properties and lands, is considered illegally acquired and is not legally owned. All such seizures are considered injustice (Zulm) and injustice is Haram and darkness on the Day of Judgement. It is also considered illicit property (Ghulul) that belongs to Hellfire. The Prophet (saw) said: “Whoever takes anything from land illegitimately he will be sunk on the Day of Judgement down to seven earth’s.” In another narration: “Whoever takes a hand span of land unjustly it will be put around his neck as a collar of seven earths on the Day of Judgement” (narrated by the two Shaikhs). From Aiesha, she said “that the Prophet (saw) said: ‘Whoever takes unjustly a hand span of land Allah (swt) will put around his neck a collar of seven earth’s’”(agreed upon).

如果被没收的财产和土地属于人们的财产，且其所有者是已知的，那么就必须归还给他们。如果其所有者不明，则必须存入公库（Bait ul-Mal）。如果是国家的财产，则必须归还公库。 当欧麦尔·本·阿卜杜·阿齐兹（'Umar bin Abdul Aziz）继任哈里发时，他将伍麦叶家族从国家财产或人民财产中侵占的所有财产和土地，全部归还穆斯林的公库，但那些已知所有者的，则归还给其所有者。他还取消了伍麦叶家族所获得的分配性土地津贴，以及他们所侵占的一切，因为他认为他们是凭借权势和非法手段夺取的，因此并不合法拥有这些财产。他自己也率先垂范，交出了全部资金、财产、坐骑、香料和家当，后来这些物品被卖得32,000第纳尔，并存入公库。

If the seized properties and lands are people’s properties whose owners are known, then they must be returned to them. If their owners are not known, then they must be placed in the Bait ul-Mal. If they are of the State’s properties then they must inevitably be returned to the Bait ul-Mal. When ‘Umar bin Abdul Aziz assumed the Khilafah, he returned all properties and lands seized by Banu Umayyah from the State’s or peoples’ properties to the Bait ul-Mal of the Muslims, except those he returned to their owners, as they were known. He also divested Banu Umayyah of their allocated land allowances and all they had seized, as he considered that they seized them by the force of their authority and by illegitimate means, and were thus not legally owned. He actually began with himself, surrendering all his funds, properties, riding animals, perfumes and chattels, which he subsequently sold for 32,000 Dinars, and placed them in the Bait ul-Mal.

这是指州长、官员和公务员通过代理和中介，从外国或本地公司或个人那里获得的任何财产，作为其与国家之间签订合同或承办工程的报酬。通过这种途径获得的任何财产都被视为非法和哈拉姆，因此在法律上不属于其所有。这类财产必须归入穆斯林的公库（Bait ul-Mal），因为它是以非法方式获得的。 穆阿兹·本·哲白勒传述：他说：“先知ﷺ派我去也门。我刚离开，他就派人追来叫我回去，于是我返回了。他说：‘你知道我为什么召你回来吗？不要未经我的许可取得任何东西，因为那是非法的，谁非法取得了什么，他就要在复活日背负他所取得的东西。我召你回来就是为了这件事，现在去做你的工作吧。’”

This is any property acquired by the governors, officials and civil servants via agency and brokerage from foreign or regional companies or individuals in exchange for contracting deals or undertakings between them and the State. Any property acquired through this means is considered illicit and Haram so it is not legally owned. It must be placed in Bait ul-Mal of the Muslims as it was illegitimately acquired. From Mu’az bin Jabal, he said: “The Prophet (saw) sent me to Yemen. As I went away, he sent someone after me to call me back so I returned. He said: ‘Do you know why I sent for you? Do not acquire anything without my permission for it is illicit, and whoever acquires anything illicitly he will bear what he acquired on the Day of Judgement. For this I called you, so go now to your work.’”.

代理与中介（Agency and brokerage）是指公司或个人向州长、官员和公务员支付的款项，这些款项在国家不知情、瞒着国家的情况下支付给他们，性质类似贿赂。它被用来促成公司或个人的合同交易或承诺，以承接项目，而其方式是为了实现他们自身的利益，而非国家或乌玛的利益。

Agency and brokerage are funds from companies and individuals to governors, officials and civil servants who remunerates them without the State’s knowledge and behind her back, like bribery. It is used to facilitate companies or individuals contracting bargains or commitments to undertake projects in a manner calculated to achieve their interests, not the interests of the State or Ummah.

这是地方长官、官员或公务人员侵吞国家财产所得的财物。这些财产原本交由他们掌管，用于履行职责，或用于监督与国家利益或公共设施相关的设施、工程和其他事务。与此相关的，还包括邮政、电报、电话或电信官员，以及其他部门官员，通过欺骗、诈骗或伪造手段，向民众索取超出规定费率的款项。所有通过侵吞国家财产或欺骗、诈骗民众而获得的资金，均被视为非法获得的哈拉姆（禁戒之物），在法律上不属于其合法所有。这些属于非法财产，必须予以没收，并交入国库（Bait ul-Mal）。

This is the property embezzled by governors, officials or civil servants from the State property placed under their control to fulfil their duties or supervise installations, projects and other things related to the State’s interests or utilities. Linked to this is what is taken from the people by postal, telegraph, telephone or telecommunications officials, as well as officials of other departments, in excess of the established rates by way of tricking them, deceit or forgery. All these funds acquired through embezzlement from State properties or by the way of tricking people and deceit is considered Haram acquisitions that are not legally owned. These are considered illicit property that must be confiscated and placed in Bait ul- Mal.

如果欧麦尔·本·赫塔卜怀疑某位总督或官员,他就会没收其超出规定数额的财产,或将其在自己与国库之间进行分配。他会在总督和官员上任前后清点其财富。如果发现额外的钱财或心生怀疑,他便没收其财富,或取走一半并存入公库(Bait ul-Mal)。他曾对阿布·苏福延这样做,当时阿布·苏福延从其在叙利亚担任欧麦尔总督的儿子穆阿维叶那里返回。阿布·苏福延前来向欧麦尔问候,于是欧麦尔在怀疑穆阿维叶在其父返回时向父亲赠送了钱财之后,对他说:“请补偿我们吧,阿布·苏福延。”阿布·苏福延回答:“我们并没有得到任何东西,因此不需要补偿你们。”于是欧麦尔伸手去取阿布·苏福延手上的戒指,并从他手中拿走了它。随后,他派一位使者(ﷺ)把戒指送给阿布·苏福延的妻子希德。他命令使者(ﷺ)代阿布·苏福延对她说:“去找我带来的那两个褡裢,并把它们送来。”使者(ﷺ)很快便带着两个褡裢返回,里面装有一万迪拉姆,于是欧麦尔将其存入公库。

If ‘Umar ibn Al-Khattab suspected a governor or official, he would confiscate his properties that exceeded the amount specified for him or divide it between him and the State. He used to count the wealth of the governors and officials before and after their appointment. If he found extra funds or became suspicious, he confiscated their wealth or took half of it and placed it in Bait ul-Mal. He did this with Abu Sufyan when he returned from his son Mu’awiya who was ‘Umar’s governor in Ash-Sham. Abu Sufyan had come to greet ‘Umar, so ‘Umar, after he had suspected that Mu’awiya had presented funds to his father on his return, said to him: “Recompense us, O Abu Sufyan.” Abu Sufyan replied: “We did not obtain anything such that we should recompense you.” So ‘Umar extended his hand to the ring on Abu Sufyan’s hand and took it from him. He then sent the ring with a Messenger (saw) to Hind, Abu Sufyan’s wife. He commanded the Messenger (saw) to say to her quoting Abu Sufyan: “Look for the two saddlebags that I came with and send them.” There was no delay before the Messenger (saw) returned with the two saddlebags containing 10,000 Dirhams, so ‘Umar placed them in the Bait ul-Mal.

凡是已被提及的、官员和公务人员通过非法手段获取的财物，均属于公库（Bait ul-Mal）的收入。与此相关的是，个人通过任何被伊斯兰教法（Shar'a）禁止的增加财富的方式所获得的一切财产，因为这属于非法获得，并非合法拥有。

Whatever has been mentioned of what is acquired by officials and civil servants using illegitimate methods is income for the Bait ul-Mal. Linked to this is every property acquired by individuals through any method of increasing wealth prohibited by Shar’a, as this is Haram acquisition which is not legally owned.

伯衣特·马尔（国库）的收入来源之一，是国家对犯罪或违反法律、行政制度及规章者所处的罚款。罚款是由圣训确立的。阿穆尔·本·舒艾卜从其父从其祖父阿卜杜拉·本·阿穆尔·本·阿绥传述：有人向安拉的使者ﷺ询问树上悬挂的果实，他回答说：“凡因饥饿而食用、且未带走任何东西的人，对他没有过错。但凡带走任何东西的人，将被处以相当于其价值两倍的罚款作为惩罚。”又有传述说，先知ﷺ曾言：“使被拴着的骆驼走失者，要被罚以同等的价值，再加一倍。”同样，拒绝缴纳天课的人，要被取走其财产的一半作为惩戒，超出其应缴的天课之外，这是因为先知ﷺ曾说：“凡阻止缴纳者，我将取走它，并加上他财产的一半。”以上这些都表明，将罚款作为惩戒性刑罚是合法的。由哈里发来决定哪些违法和违规行为应处以罚款，以及罚款的数额，包括上限和下限，并要求总督、官员、法官和公务员遵守这些规定。或者，哈里发也可以把确定这些事项的责任交给总督、官员、法官和公务员的伊židhād（独立判断）。选择哪种方式最好，由哈里发根据自己的伊ijtihād，在照管穆斯林事务方面作出决定。

Among the sources of income for the Bait ul-Mal are the fines imposed by the State upon those who commit offences or contravene laws, administrative systems or regulations. Fines are established by the Sunnah. Amru bin Shu’aib narrated from his father from his grandfather Abdullah bin Amru bin al ‘As that the Messenger of Allah (saw) was asked about fruits hanging on a tree so he answered: “Whoever eats out of need, without taking something with himself then there is nothing against him. But whoever leaves taking with him anything then a fine equal to double of its value is imposed as a punishment.” It was also narrated that the Prophet (saw) said: “The one who causes a tethered camel to stray is fined its equivalent plus the same again.” Similarly, a fine is taken from the abstainer of paying Zakat half of his wealth as chastisement above the Zakat obliged upon him due to the Prophet (saw) saying: “and whoever prevented it then I will take it plus half of his wealth.” All this indicates the legality of imposing fines as a chastising punishment. It is for the Khalifah to determine the types of offences and contraventions for which fines are imposed, the amount of these fines including upper and lower limits, and he obliges the governors, officials, judges and civil servants to adhere to these. Alternatively the Khalifah may leave the responsibility of determining them to the Ijtihad of governors, officials, judges and civil servants. It is up to the Khalifah to choose which is best, in looking after the affairs of the Muslims according to his own Ijtihad.