14.3 刑事欺诈
14.3 Criminal Fraud
“欺诈”在语言上的意思是欺骗。若说某人在买卖中欺诈了另一人,即是指他欺骗了对方,并使其屈服。在价格上欺诈,指以高于或低于其价值的价格出售物品。 欺诈行为在伊斯兰教法中是被禁止的,因为可靠的圣训已明确确认,欺骗是绝对禁止的。布哈里传述,阿卜杜拉·本·欧麦尔说:有人向先知ﷺ提到,他在做买卖时有欺骗行为;安拉的使者ﷺ说:“如果你做买卖,就说:没有欺骗(khilaba)。” 艾哈迈德·本·罕百勒传述,艾奈斯说:在安拉的使者ﷺ时代,有一个人经营买卖,但他心智薄弱;他的亲属来见安拉的使者ﷺ,说:“安拉的先知啊,请宣布某人为无行为能力者(即禁止他处理财产),因为他在心智薄弱的情况下经营买卖。”于是安拉的先知ﷺ召见了他,并禁止他出售。他说:“安拉的先知啊,我不能忍受不做买卖。”安拉的使者ﷺ说:“如果你不肯停止做买卖,那就说:看这个,看那个,没有欺骗。” 拜宰尔传述,艾奈斯说:安拉的使者ﷺ“禁止出售未挤奶的牲畜”(因为这属于欺骗)。
Fraud, linguistically means deceit, so if it is said that He defrauded Him in selling and buying, it means that He deceived him, and subdued him. Deceiving in the price means to sell something for more or less than it’s worth. Criminal fraud is prohibited in Shar’a because it was confirmed in the authentic Hadith that deception is forbidden decisively. Bukhari narrated from ’Abdullah ibn ’Umar that a man mentioned to the Prophet (pbuh) that He deceives in trading; the Messenger of Allah (pbuh) said: “If you entered into trading say there is no deceit (khilaba).” Ahmad ibn Hanbal narrated from Anas “that a man at the time of the Messenger of Allah (pbuh) used to trade while He was mentally weak; his relatives came to the Messenger of Allah (pbuh) and said: ‘O Prophet (pbuh) of Allah, declare so and so person as legally incompetent (i.e. prevent Him from disposition) because He trades while He is feeble minded; so the Prophet (pbuh) of Allah (swt) invited Him and forbade Him from selling; He said: ‘O Prophet (pbuh) of Allah, I cannot bear not to trade.’ The Messenger of Allah (pbuh) said: “If you are not going to stop trading, say: look at this look and at that, there is no deceit.’” Al-Bazzar narrated from Anas that the Messenger of Allah (pbuh) “forbade selling animals left unmilked” (as deception).