20 家工厂
20 Factories
工厂本质上属于个人财产的范畴,是允许个人拥有的事物之一。已经确认,在先知(愿主赐福他并使他平安)的时代,个人就拥有工厂,例如制鞋、制衣(服装)、制剑及其他货物的工厂。先知(愿主赐福他并使他平安)予以认可,并让人为他制作了讲坛(Minbar),这表明个人拥有工厂是被允许的。但工厂的哈昆(天启律例)取决于其所生产之物的性质。证据是:穆斯林被禁止拥有生产葡萄酒的工厂,依据的圣训称,安拉(SWT)诅咒压榨葡萄酒的人以及命令他人这样做的人。因此,禁止压榨葡萄酒并不是禁止压榨本身,而是specifically禁止压榨葡萄酒。所以,压榨本身并不是哈拉姆(禁止之事),真正被禁止的是为了生产酒精而压榨。据此,酒精工厂的禁令来自其所生产之物的禁令。由此看来,工厂的律例与其所生产之物的律例相同。因此,工厂须加以考察:如果其所生产的物品不属于公共财产,那么这些工厂属于个人财产,例如糖果厂、纺织厂、木工厂及类似工厂。然而,如果工厂是为生产属于公共财产的物资而设,例如加工取之不尽(不会枯竭)矿物的矿产工厂,那么允许将其作为公有财产拥有,原因在于其所生产的物资,无论是黄金、白银、铁、铜还是石油,正如酒精工厂的律例随酒精的禁令而定一样。 这些工厂也可以归国家所有,因为国家有义务代表穆斯林生产这些矿产,以维护他们的利益。这些工厂也可以归个人所有,国家可以以双方约定的某一数额雇用他们。然而,个人对工具和工厂的所有权,并不允许他们为自己的利益用它们生产这些取之不尽(未被耗尽)的矿产,因为这些矿产是全体穆斯林的公共财产。任何个人也不得独占这些矿产,但他们可以将工厂出租给国家,以约定的某一确定数额租给国家,由国家用它们来生产这些矿产。至于那些加工铁并将其轧制成板材的工厂、汽车工厂及类似工厂,其原材料属于个人所有,因此任何个人都可以拥有它们,因为它们所生产的产品不是来自公共财产的原材料。因此,凡是其制成品属于公共财产的工厂,都可以归公众所有,或归国家所有,或归国家可以雇用的个人所有。同样,凡是其制成品属于私人财产的工厂,都可以归个人所有,因为这属于个人所有权的范畴。
The factory, in its essence, is one of the individual properties. It is one of the things which is allowed to be owned by individuals. It has been confirmed that individuals used to own factories at the time of the Prophet (pbuh), such as those for manufacturing shoes, dresses (clothes), swords and other goods. The Prophet (pbuh) consented to them and He had the Minbar manufactured by them, which indicates that the individual ownership of factories is allowed. But the Hukm (divine rule) of the factory is decided by the nature of the material which it manufactures, and the evidence of this is that the Muslims are prohibited to possess factories that produce wine, according to the Hadith which states that Allah (swt) cursed the one who presses (grape to make) the wine and the one who orders this to be done. So the prohibition of pressing wine is not prohibition of pressing as such, rather it is prohibition of pressing wine specifically. Thus, pressing is not Haram (prohibited), rather it is the pressing to produce alcohol which is the Haram (prohibited) matter. Accordingly, the prohibition of the alcohol factory results from the prohibition of the materials it produces. In this way, it appears that the rule of the factory is the same rule of the material it produces. Therefore, factories have to be examined: if the materials produced by them are not of the public properties, then theses factories are of the individual properties, such as the factories of sweets, textiles, carpentry and the like. However, if the factories were for manufacturing materials which are of the public property, such as the factories of minerals which process the uncountable (undepleted) minerals, then it is allowed for them to be owned publicly, due to the material which the factory produces, be it gold, silver, iron, copper or petrol (oil), in the same way that the rule of the alcohol factory follows the rule of alcohol in prohibition. These factories are also allowed to be owned by the government, since the State is obliged to produce these minerals on behalf of the Muslims, for the purpose of their interest. These factories are also allowed to be owned by individuals, where the State can hire them for a certain amount, which is agreed upon. However, the ownership by individuals, of the tools and factories does not allow them to use them in producing these uncountable (undepleted) minerals for themselves, because these minerals are public properties for all the Muslims. Nor is any individual allowed to own them to the exclusion of others, but they are allowed to rent them to the State for a certain defined amount, where the State uses them to produce these minerals. As for the factories which treat iron and transform it to sheets, the car factories and the like, whose materials are of the individual ownership, any individual is allowed to own them, because the materials which they produce are not from the materials of the public property. Therefore, every factory whose manufactured product is of the public property, is allowed to be owned publicly, or by the State or by individuals from whom the State is allowed to hire. Likewise, every factory whose manufactured product is of the private property, is allowed to be owned by individuals because this is from the individual ownership.