11.2 制造业
11.2 Manufacturing
制造是指一个人请求另一人为他制造一个器皿、一辆汽车,或任何属于工业范畴的物品。制造合同是被允许的,并且在圣训中有明确的证据。先知(愿主赐福他并使他平安)请人制造了一枚印章(用于盖印或盖章的戒指)。阿奈斯(Anas)说,先知(愿主赐福他并使他平安)制造了一枚戒指。布哈里(Bukhari)转述自伊本·马素德(Ibn Masoud),他说,先知(愿主赐福他并使他平安)制造了一枚金戒指。先知(愿主赐福他并使他平安)还请人制造了讲坛(minbar)。布哈里转述,萨尔(Sahl)说,先知(愿主赐福他并使他平安)派人去找一位妇女,并说:“吩咐你的仆人,那个木匠,为我做一块可以坐的木板。”布哈里还记载:“在先知(愿主赐福他并使他平安)的时代,人们从事制造,而他对此保持沉默。”因此,他(愿主赐福他并使他平安)的沉默和行为,就是他对制造的认可。先知(愿主赐福他并使他平安)的认可与行为,如同他的言论一样,是确凿的经训依据。制造合同所涉及的标的,是被制造的物品,例如印章、讲坛、橱柜、汽车及类似之物。从这个角度看,制造属于一种买卖形式,而非租赁。然而,如果有人把原材料交给制造者,并请他制造某一特定物品,那么这就属于一种租赁形式。
Manufacturing is where a person requests another to manufacture for Him a vessel, a car or anything that is included in industry. Contracting manufacturing is allowed and proved in the Sunnah. The Messenger of Allah (pbuh) requested the manufacture of a seal (the ring used for a seal or a stamp). Anas said that the Messenger of Allah (pbuh) manufactured a ring. Bukhari reported from Ibn Masoud who said that the Messenger of Allah (pbuh) manufactured a ring of gold. The Messenger of Allah (pbuh) also requested the manufacture of the minbar (pulpit). Bukhari reported that Sahl said that the Messenger of Allah (pbuh) sent to a woman to and said: “Order your servant, the carpenter, to make me some board to sit on.” Bukhari narrated: “People used to manufacture at the time of the Messenger of Allah (pbuh), and He kept silent about this,” so his silence and action is his (pbuh) agreement regarding manufacturing. The agreement and the action of the Messenger of Allah (pbuh) are divine evidences like his sayings. The matter contracted for manufacturing is the manufactured thing such as the seal, pulpit, cupboard, car and the like. From this angle, manufacturing is a form of selling not hiring. However, if someone were to bring the raw material to the manufacturer and ask Him to manufacture a particular thing, then this would be a form of hiring.
工业本身是任何国家、任何民族、任何社会经济生活的重要支柱。过去,工业的推动力仅限于手工工厂。当人们开始利用蒸汽来推动机器时,机械化工厂便逐渐取代了手工工厂。随着新发明的出现,工业发生了一场巨大的革命,产量因此超出预期,机械化工厂成为经济生活的支柱之一。
Industry, by itself is an important pillar of the economic life in any nation and to any people in any society. Industry drive, in the past, was limited to the manual factory alone. When man started using steam to move machines, mechanical factories started to gradually replace the manual ones. When the new inventions came about a great revolution in industry occurred, thus production increased beyond expectation, and the mechanised factory became one of the pillars of economic life.
机械化工厂和手工工厂的相关规则,属于合伙、雇佣、买卖和对外贸易的规则。就工厂的设立而言,可能是由个人财产建立的,但这种情况较为少见;更普遍的是由多人共同出资设立,因此适用伊斯兰公司的规则。然而,对于工厂中的工作,无论是管理、生产还是其他工作,都适用雇佣的规则。关于产品的分销,适用买卖和对外贸易的规则。如此可以防止欺诈、舞弊和垄断,也可以防止操纵价格,以及适用买卖的其他规则。关于为工厂下订单生产产品,无论数量多少,在产品制造之前,适用制造的规则。至于客户是否有义务接收为其所制造的产品,则须向沙利亚(Shar'a)请教。
Rules pertaining to the mechanised and manual factories are rules of partnership, hiring, selling and foreign trade. With regard to establishing the factory, it could be by an individual property, which happens rarely, but is more generally by the property of many individuals who share in establishing it. Therefore, the rules of Islamic companies apply upon it. However, with respect to the work in the factory whether in management, manufacturing or other than these, the rules of hiring apply to it. With regard to the distribution of its production, the rules of selling and foreign trade apply to it. In this way, cheating, fraud and monopoly are prevented, as is the fixing of prices, as well as the other rules of selling. With regard to making orders for the production of the factory, whether little or great, before it is made, the rules of manufacturing apply to it. Shar’a has to be consulted regarding whether the client is obliged or not of what was manufactured for him.