7.3.4 财产的类型
7.3.4 Types of Property
伊斯兰在经济制度中确定了三种类型的财产:个人财产、公共财产和国家财产。
Islam has defined three types of property within the Economic System. These are : Individual Property, Public Property and State Property.
个人财产
Individual Property
真主(SWT)允许人类利用资本,无论是消费、使用还是交换。伊斯兰教将所有权确立为个人的合法权利,并且不对一个人可以拥有的财富数量作出限制。因此,人们可以拥有动产,如牲畜、金钱、汽车和衣物,也可以拥有不动产,如土地、房屋或工厂。
Allah (swt) has permitted human beings to utilise capital, whether by consuming, using or exchanging it. Islam has made ownership a legal right for the individual, and it does not impose a limit on the amount of wealth that one can own. Accordingly, people may own moveable property, such as livestock, money, cars and clothes, or immoveable property such as land, houses or factories.
然而,伊斯兰教法(Shari’ah)对获取财产的途径加以规范,使人们以公正的方式获得财富的权利,同时也对财产的处置方式加以规定。
However, the Shari’ah controls the means of ownership such that people acquire the right to wealth in a just manner, and it also regulates the ways in which it is disposed of.
所有权的途径
Means of Ownership
财富的拥有可以通过多种途径实现。工作便是其中一种,无论是为自己工作,还是为他人工作以换取工资。这包括任何合法的工作类型,例如农耕、采矿、经商等。伊斯兰教允许的其他拥有财富的方式还包括:继承、国家财产的赏赐、赠予、血金以及聘礼。
There are a variety of ways in which ownership of wealth can be achieved. Work is one example of this, whether it be for ones self or for others in exchange for a wage. This includes any type of permitted work, such as farming, mining, trading etc. Other means of ownership which Islam has permitted include inheritance, grants of the States property to citizens, gifts, blood money or dowry.
伊斯兰教通过禁止赌博、欺诈、盗窃和贿赂,以及禁止买卖酒、猪、十字架和其他被禁止的物品,限制了财富获取和投资的途径。
Islam restricts the means in which wealth can be earned or invested by forbidding persuits such as gambling, fraud, theft and bribery, or trading in wine, pigs, crosses and other forbidden items.
公共财产
Public Property
这是指伊斯兰教规定为全体穆斯林共有的财产,个人可以使用这些财产,但不得将其占为己有。
This is defined as the commodities which Islam has made the property of Muslims as a whole, such that individuals are allowed to utilise them, but are forbidden from owning them as their own property.
这些商品主要分为三大类:
These commodities come under three main categories :
a) 社会公用事业,即社会日常生活若缺少便无法正常运转的公共设施。这一类包括水资源或石油储备等。穆罕默德ﷺ说:"人们在三样东西上是合伙人:水、牧场和火。"
a) The utilities of the community without which the everyday life of the community cannot properly function. Under this category comes things like water or oil reserves. Muhammad (saw) said, “The people are partners in three things : water, pastures and fire.”.
然而,这一规定并不局限于这三类事物,而是包括一切为整个社会共同所需的事物。凡用于此类用途的机器设备,同样被视为公共财产,例如为公众取水所需的设备、将水输送给用户的管道、水力发电站及其输电塔和配电电缆等。
However, the order is not restricted to these three things, but it includes everything that is a common need for the whole community. All machinery used for such purposes is similarly regarded as public property, like that required for drawing water for public use, the pipes for transporting water to consumers, or hydro-electric power stations and their pylons and distribution cables etc.
b) 因其性质不能归个人所有的物品,如海洋、河流、公园、清真寺和公共道路。先知穆罕默德ﷺ说:"先到达米纳者即有权享用之。"
b) Commodities that by their nature cannot be an individuals property like the seas, rivers, public parks, mosques and public highways. The Messenger of Allah (saw) said, “Whoever reaches Mina first has the right to it.”.
这一类包括火车和其他形式的公共交通工具,或公路旁的下水道;它们不能成为个人的财产,因为它们属于公众。
This category includes trains and other forms of public transportation, or sewerage drains along the public roads; they cannot be an individuals property for they belong to the public.
c) 天然的未开采矿藏。这类包括许多数量庞大的矿物,例如盐、镁或铜。它们是所有穆斯林共有的财产,个人或公司对这些东西的私有占有是被禁止的。这些矿物的开采、加工、储存或分配不得授予个人或公司独占经营。它们必须仍然是所有穆斯林的共同财产。国家作为穆斯林的代表,应当自行开采,或分包给他人采集,所有收入应存入公库(Bait al-Mal,即国库)。就律法而言,无论矿物是处于露天矿中,如盐和硫化锑(mascara),还是深埋地下、难以开采,如金、银、铁、铀等,都没有区别。其伊斯兰法依据来自阿伯德·本·哈曼·穆兹尼的传述:他曾请求安拉的使者ﷺ将马雷卜的某块地产分配给他,使者ﷺ便给了他。他转身离开后,有人问安拉的使者ﷺ:“安拉的使者啊,您知道您给了他什么吗?您分配给他的是无穷无尽的水。”传述人说:“使者ﷺ便从他那里收回了。”
c) Natural uncounted minerals. These include the many minerals, such as salt, magnesium or copper, which are vast in quantity. They are the property of all Muslims and individual or corporate possession of these things is forbidden. The mining, manufacture, storage or distribution of these minerals is not given to individuals or companies on an exclusive basis. It is necessary that they remain the common property of all Muslims. The State as the representative of the Muslims should itself mine them or sub-contract their collection, and all revenues should be kept in the Bait al-Mal (the State treasury). There is no difference, as regards the law, between the minerals whether they are in open mines like salt and antimony sulphide (mascara) or if they are deeply hidden underground and difficult to mine, like gold, silver, iron, uranium etc. The Shari’ah reason for this derives from the narration of Abaydh ibn Hamman al-Mazni that he requested the Messenger of Allah (saw) to allot him certain property in the Ma’reb, which he (saw) gave to him. When he turned back, the Messenger of Allah (saw) was asked, “O Messenger of Allah, do you know what you have given him? You allotted to him unaccounted water.” The narrator said, “He (saw) took it back from him.”.
公共财产的使用之道
The Way of Utilising the Public Property
由于公共财产属于全体穆斯林所有,因此每个人都有权享用其利用所带来的好处。如果这类财产的物品是每个人都可以直接利用的,例如水、牧场、电力、公共道路、河流和海洋,那么他就可以自行利用。
Since the Public Porperty is the property of all Muslims, it is accordingly the right of every individual to enjoy its utilisation. If the commodities of this property are such that every person can utilise them directly, like water, pasture, electricity, public roads, rivers and seas, then he is allowed to do so by himself.
然而,如果公共财产中的商品并非每个人都能够直接利用,例如石油和矿产,那么应由国家负责开采,并将其收益收入国库(Bait al-Mal),由哈里发将其用于对所有穆斯林有益的事务。哈里发可以以多种方式决定产品和收益的分配:
However, if the commodities of Public Property are such that they are not easy for every individual to make use of directly, like oil and minerals, then it is for the State to mine them and collect their revenues in Bait al-Mal and for the Khaleefah to spend from it in ways that are useful to all Muslims. It is possible that he decides to undertake the distibution of the products and revenues in a variety of ways :
可以用于公共财产商品的运营和开采,以及公共建筑、工作人员、顾问、专家、机器和工厂。
a) It can be spent on the running and mining of Public Property commodities, as well as on public buildings, staff, advisors, experts, machinery and factories.
b) 它可以用于穆斯林,因为穆斯林是这些公共财产的共同所有者。统治者可以无偿地向他们分配水、燃气、石油或电力等物品,也可以根据穆斯林的实际情况,从收入中拨款给他们,以促进大众的整体福祉。
b) It can be spent upon the Muslims since they are the common owners of the commodities. He can distribute amongst them things like water, gas, oil or electricity without charge or he can grant them money from their revenues according to the situation of Muslims for their general betterment.
c) 他可以从中获取收入,用于圣战以及圣战所需的开支,例如兵工厂、组建军队,以及伯特·马勒(Bait al-Mal)中国家有义务为民众提供的其他开支。
c) He can take from it revenue to spend on jihad and what the jihad requires such as ordinance factories, establishing the army and other expenses of Bait al-Mal which are obligatory for the State to provide for the people.
3. 国家财产
3. The State Property
这包括与公众权利相关、但不属于公有财产的每一类土地或建筑。因此,国家财产由那些可以被个人占有的东西构成,例如土地、建筑物和动产。属于这一类的有国家办公楼或国库资金。公众对这些财产享有权利,因此对其的管理和使用控制权交给哈里发(即国家),因为他有责任行使与公共权利相关的一切事务的权力,例如沙漠、山脉、河岸、不属于个人所有的未开垦土地,以及国家购买并使其适于居住的建筑和财产,或在战争中从敌人手中缴获的财产,如政府部门的建筑、学校、医院及类似设施。
This includes every commodity of land or building which is connected to the right of the public and is not included in the Public Property. So the State Property consists of things that are liable to individual possession such as land, buildings and moveable things. Included within this category are state office buildings, or state money. The public has a right to these and therefore their running and control over use is given to the Khaleefah (i.e. to the State) because he has the resposibility to exercise his powers regarding everything that is associated with the public right, like deserts, mountains, river banks, uncultivated lands not owned by people, buildings and property which the State has purchased and made suitable for dwelling, or has captured from enemies in war like state department buildings, schools, hospitals and the like.
国家有权将其财产(如土地和建筑物)授予个人,因为哈里发可以将它们交给民众,使其拥有所有权并加以使用,或仅授予使用权;也可以允许人们开垦荒地,从而取得其所有权。无论国家财产以何种方式使用,都是为了公民的福祉。
The State has the right to give of its property to individuals, such as lands and buildings, because the Khaleefah can give them to the people on an ownership and utilisation basis, or on the basis of utilisation only, or people can be permitted to cultivate dead land and thereby acquire its ownership.Whichever way the State Property is used, it is for the good of the citizens.
通过这些所有权原则,伊斯兰确保每个人都能从其造物主那里获得其应得的权利,这与资本主义制度不同,例如在资本主义制度下,只有参与生产过程的人才拥有财富的权利。与此同时,它不对个人能够拥有的财富数量设限,从而充分激励个人全面参与经济活动。此外,它保障了人们对安拉(SWT)所赐予他们的财富享有的权利,并防止贪婪的个人以牺牲他人为代价去剥削和垄断这些财富。
Through these ownership principles, Islam ensures that everyone gets what is rightfully due to him from his Creator unlike, for example, the Capitalist system where only those who take part in the production process have the right to wealth. At the same time, it gives full incentives to individuals to fully participate in the economy by not imposing a limit on how much they can own. As well, it guarantees the rights of the people over the wealth that Allah (swt) has endowed upon them, and prevents greedy individuals from exploiting and monopolising it at the expense of others.