第11章 贸易与制造
11 Trading And Manufacturing
安拉(SWT)使财产成为建立人类今世利益的手段,并允许通过贸易来获取这些利益(Masalih)。可以说,人们所需要的东西并非在每个地方都能获得,而以武力强取、以势压人则是败坏的行为。因此,应当有一套制度,使每个人都能在不诉诸暴力和强力的情况下获得自己所需。贸易正是这样一套制度,而买卖也有其规则。安拉(SWT)说:
Allah (swt) made the property a means to establish the interests of human beings in this Dunya (worldly life) and He (swt) allowed trading as a way to gain these interests (Masalih). It is true to say that what everybody wants is not available in every location and that taking something by force and overpowering is corrupt. Thus, there should be a system that enables everybody to take that which He needs without resorting to force and strength. Trading is that system, and there are rules of selling. Allah (swt) says,
“{诸信士者!你们不要把财产在彼此之间作无益的消耗,除非是两相情愿的交易。}”[《妇女章》:29]。交易有两种:一种是被允许的(哈拉姆之外的合法交易,即哈俩),在沙里阿中称为买卖(Bai'a);另一种是被禁止的(哈拉姆),称为高利贷(Riba)。这两者都属于交易。安拉已经告诉我们,不信道者曾以理性否认交易与高利贷之间存在区别。安拉(SWT)说:
“O you who believe! Squander not your wealth among yourselves in vanity, except it may be a trade by mutual consent.” [An-Nisa: 29]. Trading is of two types; that which is allowed (Halal) and is called selling (Bai’a) in Shar’a and that which is forbidden (Haram) and is called usury (Riba). Each of these is trading. Allah has informed us about the disbelievers that they rejected rationally the (existence of a) difference between trading and usury. Allah (swt) says:
“这是因为他们说:买卖与高利贷一样。”[《古兰经》2:275]然后,真主(SWT)通过合法与非法将二者区分开来,祂说:
“That is because they say: Selling is just like usury.” [Al-Baqarah: 275] He (swt) then differentiated between them through Halal and Haram by saying:
“鉴于真主允许买卖,禁止高利贷。”[黄牛章:275]我们由此理解到,二者皆为贸易,而伊斯兰教法所允许的是买卖。买卖的过程由双方达成:一方提出要约(伊扎布),另一方予以接受(嘎布勒)。这些可以用“我卖了”和“我买了”之类的词语来表达,或用任何具有相同含义的言语或行为来表达。商品的所有者有权进行买卖,也有权委托某人作为代理人或使者代其完成买卖。他也可以雇用他人代为买卖,但条件是须明确其报酬。如果他将某人雇用为分享部分利润,那么此人即成为隐名合伙人,并适用合伙人而非雇员的规则。他也可以亲自或通过其代理人、代表购买财产,或雇用他人为其购买。总之,贸易是被允许的。它是增加所有权的一种形式,在买卖与合伙(公司)的律例中均有体现。贸易见于《古兰经》和圣训之中。真主(至高无上)说:
“Whereas Allah permitted selling and prohibited usury.” [Al-Baqarah: 275] We understood from this that each of them is trading, and the one which is permitted by Shar’a is selling. The selling process is concluded by two parties. One of them gives the offer (Ijab) and the other accepts (Qabool). These are expressed with the word “I sold” and “I bought” or any words or action which hold these meanings. The owner of the commodity has the right to carry out the selling and to deputise somebody as an agent or as a Messenger to execute the selling on his behalf. He is allowed also to employ a person to perform the selling on his behalf, on condition that his wage is defined. If He employed someone for part of the profit He would be a silent partner, and the rule of the partner rather than the employee will be applied upon him. He is also allowed to buy the property himself or through his agent, his representative or to hire a person who will buy for him. In summary, trading is allowed. It is a form of increasing the ownership, and it is evident in the laws of selling and company (partnership). Trading came in the Qur’an and the Hadith. Allah (swt) said:
“除非是你们之间彼此即时交付的现货交易,在这种情况下你们不写下来也没有罪过。”{《古兰经》2:282} Note: the Qur'an verse text is wrapped in braces per your convention. Here is the same content with the braces applied: {除非是你们之间彼此即时交付的现货交易,在这种情况下你们不写下来也没有罪过。}[《古兰经》2:282]
“Save only in the case when it is actual trading which you transfer among yourselves from hand to hand. In that case it is no sin for you if you write it not.” [Al-Baqarah: 282],
Rifa’a 叙述说:他与真主的使者(愿主福安之)一同前往礼拜的场所,看到人们在做买卖。真主的使者(ﷺ)说:“商人们啊!”商人们应答真主的使者(ﷺ),并伸长脖子、转动眼睛望向他。他(ﷺ)说:“商人在审判日将以法西格(fujjar,作恶者)的身份复活,唯有那些虔诚且诚实的人除外。” 提尔米兹圣训集记载,艾布·赛义德叙述:真主的使者(ﷺ)说:“诚实可信的商人将与众先知、正直者和殉道者一同复活。” 贸易分为两种:国内贸易和对外贸易。国内贸易是民众之间就商品进行的买卖,这些商品可以是他们自己生产的农产品或工业品,也可以是其他民族的产品,只要在本国境内流通。国内贸易在没有限制的情况下是允许的,但与买卖相关的规则除外。至于商品的种类、在国内各地之间的运输,则由每位商人在伊斯兰教法的范围内自行经营。国家除了监督之外,不干预国内贸易。 至于对外贸易,则是从国外购买商品,无论这些商品是农产品还是工业品。这种贸易须受国家的直接监管,因此国家直接监督这些商品的进出口,并监管交战国商人和和平(即受条约约束的)商人。
Rifa’a narrated that He went out with the Messenger of Allah (pbuh) to the prayer place and He saw the people trading. The Messenger of Allah (pbuh) said, “O traders!” They responded to the Messenger of Allah (pbuh) and raised their necks and eyes towards him. He (pbuh) said, “Traders will be resurrected on the Day of Judgement as fujjar (wrongdoers) except those who were righteous and honest.” Al-Tirmidhi reported that Abu Sa’id narrated that the Messenger of Allah (pbuh) said: “The honest trustworthy merchant will be resurrected with the prophets, righteous and the martyrs.” Trading is of two types, domestic and foreign. Domestic trading is the selling and buying which occurs among the people over commodities, whether they are of their own products, agricultural or industrial, or of other peoples products, where they are circulated in their own country. Domestic trading is allowed without constraints, except by those rules connected with selling. With regard to the commodities, their types, and their transfer inside the country from place to place, it is left to every merchant to trade within the rules of Shar’a. The State has nothing to do with the domestic trading except through supervision only. Regarding foreign trade, it is the purchase of commodities from abroad, whether such commodities were agricultural or industrial. This type of trading is subject to the direct supervision of the State, so it directly supervises the import and export of these commodities and supervises the belligerent and peaceful (those bound by treaties) merchants.