2.4 一般经济原则
2.4 The General Economic Principles
通过分析与经济相关的神圣律法,可以明显看出,伊斯兰教关注的是如何使民众能够运用财富。这就是伊斯兰教对社会经济问题的观点。在论及经济时,它涉及财富的最初获取、财富的处置以及财富在公众之间的分配。因此,关于经济的律法建立在三项原则之上:
From analysing the divine rules related to the economy, it is evident that Islam addresses the issue of enabling people to utilise wealth. This is the Islamic view regarding the economic problem of society. When addressing the economy, it deals with the initial acquisition of wealth, its disposal and its distribution amongst the public. The rules that deal with the economy are thus based on three principles:
1. 最初的所有权,
1. Initial ownership,
2. 处置所有权,以及3. 在人们之间分配财富。
2. Disposal of the ownership, and 3. Distribution of wealth amongst the people.
关于所有权的问题,它属于安拉(SWT),因为祂(SWT)是一切主权的拥有者(Malik al-Mulk)。祂(SWT)在经文中表明,财产(Maal)属于祂。祂(SWT)说:
With regard to the issue of ownership, it belongs to Allah (swt), since He (swt) is the Owner of all the Dominion (Malik al-Mulk). He (swt) has stated in the texts that property (Maal) belongs to Him. He (swt) said:
“你们应当施舍他们一些真主赐给你们的财产。”(光明章:33)因此,财产唯独属于真主。然而,祂使人类管理财产,供给他们财产,并赋予他们拥有财产的权利。至尊的真主说:
“And give them from the property of Allah, which He gave to you.” [An-Nur: 33] Property, therefore, belongs to Allah (swt) alone. However, He has put mankind in charge of property, provided them with it, and has given them the right of owning it. Allah, the Exalted said:
“你们要从Allah使你们管理的财产中施舍。”[铁边章:7]Allah(SWT)说:
“And spend from what He put you in charge of.” [Al-Hadid: 7] And He (swt) said:
“并且他以财产和子嗣资助你们。”[努哈:12] 显然,当真主论及财富的来源时,他将财富的所有权归于自己,并说道:
“And He has provided you with properties and offspring.” [Nuh: 12] Clearly, when Allah addresses the issue of the origin of property, He attributes its ownership to Himself, and says:
“……属于真主的财产……”[光明章:33] 真主(SWT)谈到财产转移给人类的问题时,将财产归属于他们,并说:
“...the property of Allah...” [An-Nur: 33] Allah (swt) addresses the issue of transferring the property to human beings, He (swt) attributes the property to them and says:
“把他们的财产交还给他们。”[《妇女章》:6] 又:
“Give them their properties.” [An-Nisa: 6] And:
“从他们的财产中取出。”[忏悔章:103]以及:
“Take from their property.” [At-Tauba: 103] And:
“{你们只能取回你们的本金。}”[《黄牛》:279] 以及:
“So for you is your principal sum.” [Al-Baqarah: 279] And:
“以及你们辛勤积攒的财产。”[At-Tauba: 24] 以及:
“And property you possessed with hard work.” [At-Tauba: 24] And:
"而他的财产对他毫无益处。"[夜]:11]然而,通过代理(Istikhlaf)而获得的财产所有权,对所有人而言都是普遍的。但这并非实际的所有权,只是所有权的权利。人们在所有权的权利方面被授权代理。当满足伊斯兰关于所有权的条件时,某个特定的人才会获得实际的所有权,例如取得安拉(SWT)的许可。因此,当个人获得立法者允许其占有该财产的许可时,财产的实际所有权便随之产生。这一许可是个人成为该财产所有者的具体证据。将全人类授权(代理)拥有(财产)的所有权,是由一般性('Aam)的证据确立的,这证明了所有权的权利。而将实际的所有权(某项特定财产)授予某个个人,则是由立法者赋予该个人的具体许可所实现的。
“And his property will do Him no good.” [Al-Lail: 11] However, the right of ownership of property that came through its deputation (Istikhlaf) is general for all humans. This is not, however, the actual ownership, it is only the right of ownership. They are deputised to in terms of the right of ownership. Actual ownership by a particular person takes place when the Islamic conditions of ownership are met, such as obtaining the permission of Allah (swt). The actual ownership of property thus takes place when an individual obtains the Legislator’s permission to possess that property. This permission is a specific proof that the individual becomes the owner of that property. Assigning (deputising) all mankind for ownership (of property) is established by the general (’Aam) evidence, and this proves the right of ownership. Assigning an individual to the actual ownership (of a certain property) is made possible by the specific permission, which the Legislator gives to the individual.
立法者已经明确,存在一种个人所有制,即每个人都有权通过被允许的占有方式之一来拥有财产。艾布·达乌德从圣训中转述,先知ﷺ说:“谁用墙圈起一块土地,它就归他所有。”还存在一种全体乌玛共有的公有制。艾哈迈德从一位迁士那里转述,先知ﷺ说:“人们在三样东西上共享:水、牧场和火。”此外,还存在国家所有制。 当一位穆斯林死亡且没有继承人时,他的财产归国库(Bait ul-Mal)所有。凡征收的哈拉只税(Kharaj)或吉兹亚(Jizya),也归国库所有。凡进入国库的财产,都由国家决定如何处置,天课除外。国家有权依照伊斯兰所设定的神圣律法,按其认为适当的方式处置其财产。伊斯兰已经规定了个人、公众和国家取得财产的途径。超出这些途径的任何方式都是被禁止的。
The Legislator has stated that an individualistic type of ownership exists where each individual has the right to possess through one of the allowed means of possession. Abu Dawud narrated from the Sunnah that the Prophet (pbuh) (pbuh) said: “Whoever surrounded a piece of land with a wall, then it becomes his.” There is also a type of public ownership by the entire Ummah. Ahmad narrated from a man from the Muhajireen that the Prophet (pbuh) (pbuh) said: “People share in three things: Water, Pasture lands, and Fire.” There is also, in fact, State ownership.When a Muslim dies with none to inherit from Him or her, then his or her property goes to the State Treasury (Bait ul-Mal). Whatever is collected of Kharaj or Jizya, also belongs to the Treasury. Anything that goes to the State Treasury, is for the State to decide upon except for zakat. The State has the right to deal with its property as it sees fit, according to the divine rules Islam has set the means through which the individual, the public and the State can possess property. Any means beyond these is forbidden.
关于所有权的处置,国家代表民众管理公共财产,因为它是民众的代表。然而,伊斯兰教禁止国家交换或赠予公共财产的产权证书或所有权凭证。除这两种之外,对公共财产的任何其他处置都是被允许的,但必须符合真主的律法规定。
With regard to the disposal of the ownership, the State handles public property on behalf of the people, as it is their representative. Islam has however forbidden the State from exchanging or granting the deed or title of public property. Any disposal of public property, other than these two, are allowed and must be in accordance with the Divine Rules.
国家和个人的财产,都依照与公库(Bait ul-Mal)相关的规定以及买卖、抵押等交易规则进行处置。伊斯兰教允许国家和个人依照真主的律例,通过交换或赠予的方式处置自己的财产。
The State’s and the individual’s properties are disposed of according to the rules pertaining to the Bait ul-Mal and the rules of transactions, such as selling or pawning. Islam has allowed both the State and the individual to dispose of their properties by exchange or grant in accordance with the divine rules.
财富在民众之间的分配自然是通过所有权和契约的途径进行的。人们在能力方面以及满足需求的倾向上存在天然差异,由此导致他们之间财富分配的不同。这可能造成分配不公的局面:财富集中在少数人手中,而其余的人则被剥夺了财富。黄金和白银作为交换的标准,也可能被囤积。因此,伊斯兰禁止财富只在富人之间流通。事实上,伊斯兰要求财富在所有人之间流通。伊斯兰还禁止囤积黄金和白银,即使个人已将其一部分黄金和白银作为天课支付出去,也同样禁止。
The distribution of wealth amongst the people is carried out naturally through the means of ownership and contracts. The natural differences among people in their abilities and in their tendencies to satisfy their needs result in variations in wealth distribution among them. This could result in the possibility of poor distribution where wealth is concentrated in the hands of the few, while the rest of the people are deprived of it. The hoarding of gold and silver, which are the standards of exchange could also occur. Islam has, therefore, forbidden the circulation of wealth amongst the wealthy only. Islam, in fact, obliged that wealth be circulated amongst all the people. Islam also forbade the hoarding of gold and silver, even if a portion of the individual’s gold and silver had been given out as Zakat.