垄断是绝对被禁止的,并且在伊斯兰教法中是禁止的,这是由于圣训中明确而确定的禁令。赛义德·本·穆萨雅卜在《布哈里圣训实录》中转述穆阿玛尔·本·阿卜杜拉·阿达维的话:先知ﷺ说:“只有罪人才会囤积居奇。”阿特拉姆转述阿布·乌玛曼的话,他说:“安拉的使者ﷺ禁止囤积食物。”穆斯林在其传述链中转述赛义德·本·穆萨雅卜,穆阿玛尔说:“安拉的使者ﷺ说:‘凡囤积居奇者即是罪人。’”圣训中的禁令,通过将囤积者描述为罪人来表示斥责和谴责,而罪人即是违抗者。这种连贯的表述表明此项禁令是确定的。因此,圣训表明垄断是哈拉姆(禁止的)。 囤积者是指囤积商品、等待价格上涨后以高价出售的人,以至于市民难以购买。至于囤积者的含义是囤积商品等待涨价的人,这是因为“囤积”(Ihtakara)一词在语言上的意思是聚集某物并持有,等待其变得昂贵后以高价出售。它也指“Istabadda”,即扣留(囤积)货物,以便以高价售出。至于垄断的条件是达到一定程度,使市民难以购买被囤积的商品,这是因为垄断的实质只有在这种情况下才会发生。如果人们购买该商品并不困难,那么它就不会被聚集起来,也不会被扣留以便高价出售。 因此,垄断的条件不仅在于购买商品;而在于囤积该商品,等待其价格上涨,以便高价售出,这才被视为垄断。无论垄断者是通过购买积聚商品,还是因为他是唯一种植此类作物的人而从其大片土地的收成中积聚,或是因为此类作物种植稀少,又或是他作为唯一的制造商从其工厂中积聚,抑或是因为这一行业存在短缺(如资本主义垄断那样,他们通过排挤其他工厂来垄断某种物品的生产,从而垄断市场),情况都是如此。所有这些形式都被称为垄断,因为它们恰好符合“ihtakara”(垄断)一词的字面含义,即扣留商品不予出售,等待其价格上涨,以便高价售出。

Monopoly is prevented absolutely, and it is forbidden in Shar’a due to the decisive prohibition of it that came explicitly in the Hadith. S’aid ibn Al-Musayyab narrated from Mu’ammar ibn Abdullah Al-‘Adawi in Bukhari that the Prophet (pbuh) said: “No one monopolises except the wrongdoer.” Al-Athram narrated from Abu Umamah, He said: “The Messenger of Allah (pbuh) forbade that a foodstuff be monopolised”. And Muslim narrated through his chain of narrators from S’aid ibn Al- Musayyab that Mu’ammar said: “The Messenger of Allah (pbuh) said: “Whoever monopolised is a wrongdoer.”’ The prohibition in the Hadith indicates the refrain and the dispraising of the monopoliser by describing Him as a wrongdoer, however the wrongdoer means the disobedient. This is a concatenation which indicates that this prohibition is decisive. Thereupon, the Ahadith indicated that monopoly is Haram. The monopoliser is the one who hoards the commodities until the price rises so as to sell them expensively such that it becomes difficult for the citizens to buy them. As for the meaning of the monopoliser (Muhtakir) as being the one who hoards commodities waiting for their price to rise, this is because the word monopolised (Ihtakara) linguistically means to gather something and hold it waiting until it becomes expensive and then sell it for a high price. It also means Istabadda i.e. to hold back (hoarded) the goods so that they are sold expensively. As for the condition of monopoly that it should reach a limit at which it becomes difficult for the citizens to buy the monopolised commodity, this is because the reality of the monopoly is not conceived to happen except in such a situation. If it did not become difficult for the people to buy the commodity then it would not have been gathered nor held back to be sold expensively. Therefore, the condition of the monopoly is not only to purchase the commodity; rather it is gathering it and waiting for its price to rise so as to sell it expensively, which is considered monopoly. This applies whether the monopoliser compiled it through purchase, or from the harvest of his large land because He is the only person to plant such type of harvest or for such type, because of it being rarely planted or He compiled it from his factories, as the sole manufacturer, or because of the shortage in this type of industry as is the case with the capitalist monopolies, who monopolise manufacturing a certain thing by eliminating other factories and thereby monopolise the market. All these forms are called monopoly because they fit exactly to the linguistic meaning of the word monopolised (Ihtakara), which again means holding the commodity from sale and waiting for its price to rise so as to sell it expensively.

垄断在一切事物上都是被禁止的(Haram),无论是人类的食物还是动物的饲料,无论是食品还是非食品,无论是民众的必需品还是奢侈品,都没有区别。这是因为"垄断"(Ihtakara)一词的字面含义是在绝对意义上(不加限定地)囤积某物。"垄断"一词并不是专指囤积食物或民众的必需品,而是指囤积任何事物,因此不应将其局限于字面含义之外的范围。此外,关于垄断的圣训的明确含义也表明,垄断在任何事物上都是被禁止的。这一点很清楚,因为这些圣训是绝对的、不加限定的、普遍的、不加specify的,因此它们必须保持其绝对性和普遍性。

Monopoly is prohibited (Haram) in all things without a difference between the human foodstuff or animals foodstuff, a foodstuff or not a foodstuff, and of the people’s necessities or luxuries. This is because the linguistic meaning of the word monopolised (Ihtakara) is to compile a thing in its absolute sense (without specification). The word monopolised did not come in the meaning of compiling the foodstuff or the people’s necessities, rather compiling the thing, so it should not be confined to other than its linguistic meaning. And also because the explicit meaning of the Ahadith that came in the subject of monopoly indicate the prohibition of monopoly in everything. This is clear because the Ahadith came absolute without qualification, general without specification; so they have to stay absolute and general.

关于一些圣训叙述中将垄断限定于食品的情况，例如圣训：“安拉的使者（愿主福安之）禁止囤积食品”，以及其他叙述。在此问题上，圣训中提到食品，并不意味着垄断仅限于食品。同样，在此问题上说禁令在一些叙述中是无限定的（Mutlaq），而在另一些叙述中被限定于食品（Muqayyad），这种说法也不正确。因此，无限定的叙述应当依据限定的叙述来解释。这同样不成立，因为某些叙述中提到的“食品”（Ta'am）一词，并不适合用来限定无限定的叙述，它只是对无限定所指示的某一具体事物的specific提及。这是因为，将食品以外的事物排除在禁止垄断的天启律例之外，是基于使用称谓的含义（Mafhum al-Laqab），而这种方法并不成立；因此，称谓的含义既不适合用于限定，也不适合用于特指。所以，圣训中在某些垄断圣训里提到食品，仅仅是将一种垄断类型作为例子列举出来，而不是将垄断限定于食品，也不是一种可以加以运用其含义的描述性限定；它只是对某一特定事物的固定名称（Jamid），即是一个称谓而非描述，因此不采用其含义。能够用来限定或特指律例的，是那种具有可用含义（Mafhum）的内容，而这种情况在此并不适用。这表明，禁止垄断的叙述，即便是提到食品的那些，也是无限定的（Mutlaq）和普遍的（A'am），因此它们包括绝对地禁止一切事物的垄断。

With regard to what came in some of the Ahadith narrations concerning limiting the monopoly to foodstuffs only, like the Hadith: “The Messenger of Allah (pbuh) prohibited monopolising the foodstuffs”, and other narrations. In this regard, mentioning of foodstuffs in the Hadith does not make monopoly confined only to foodstuffs. As well, it is not true to say in this matter that prohibition came as unqualified (Mutlaq) in some narrations, and came as qualified (Muqayyad) to foodstuffs in others. So the unqualification (Mutlaq) should be explained according to the qualified (Muqayyad). This is not true because the word foodstuff (Ta’am) mentioned in some narrations is not fit for qualifying the unqualified (Mutlaq) narrations, it is rather a specific mentioning of one of the individual things which the unlimited (Mutlaq) indicates. This is because excluding other than the foodstuffs from the divine rule of prohibiting monopoly is based on using the meaning of the title (Mafhum al-Laqab), a matter which is not applied (i.e is invalid); accordingly, the meaning of the title is not fit for qualification nor for specification. Thus, mentioning the foodstuffs in some narrations of the Ahadith of monopoly is only nominating one of the types of monopoly as an example, not as qualifying monopoly in foodstuffs nor as a description which has a meaning that has to be used; it is rather a rigid (Jamid) name for a specified thing, that is to say it is a title not a description, so its meaning is not used. That which fits to qualify or specify the rule is that which has a meaning (Mafhum) that can be used, a matter which does not apply in this case. This indicates that the narrations which forbid monopoly, even those which mentioned the foodstuffs, are unqualified (Mutlaq) and general (A’am), thus they include the prohibition of the monopoly in everything absolutely.

垄断者的实际情况是：他垄断市场，通过把商品据为独占，随意向人们定价。人们因为除他之外无处可购，只能被迫以高价从他那里购买。因此，垄断者实际上是想抬高穆斯林的价格，而这是哈拉姆（被禁止的）行为，依据是马阿克勒·本·雅萨尔的传述：他说，真主的使者ﷺ说：“凡是插手穆斯林的任何价格，意图抬高他们的价格，真主在复活日必将使他入于大火之中。”

The reality of the monopoliser is that He monopolises the market; and imposes upon people whatever price He likes by holding the commodity as a monopoly, so people will be forced to buy it from Him at a high price, for it is not available other than to him. Thus the monopoliser in fact wants to increase the price for the Muslims, a matter which is Haram, due to what was narrated from Ma’akal ibn Yasar, that He said that the Messenger of Allah (pbuh) said: “Whosoever was involved in any of the prices of the Muslims, so as to increase it for them it would be due on Allah to place Him in a great fire at the Day of Judgement.”