财产是指任何可以被拥有的东西，无论其性质如何。取得财产的途径，是最初使财产归属于某人的原因。交换，无论以何种形式出现，都不被视为取得财产的途径之一。它是通过交换某一特定财产中的部分物品来获得其他物品的方式，而该财产原本已经属于其所有者。同样，财产的投资，例如经商所得的利润、房屋的租金以及农作物的收成，也不被视为取得财产的途径之一。虽然某些财产因这种投资而新生，但它是从另一项财产衍生出来的，因此投资属于增加财产的途径，而不是取得财产的途径。本文所讨论的主题是财产的最初取得，换言之，即原始财产的获得。

Property is anything that can be possessed, whatever its nature. The means of its possession is the cause, which initiated the ownership of the property to the person in the first place. Exchange, in all its forms, is not considered as one of the means of possessing property. It is a means of possessing commodities through the exchange of a particular commodity of property, where the property was originally in possession, but some of its commodities were exchanged. Investment of property such as the profit from trading, the rental of houses, and the harvest of crops, similarly is not considered as one of the means of possessing property. Though some property has been generated anew by this investment, it was initiated from another property, so investment is from the means of increasing the property, and not the means of possessing the property. The subject at hand is the initial possession of the property, in other words the acquisition of the original property.

占有的途径与对已有财产进行投资的途径之间的区别在于：占有是最初获得财产，即取得其来源；而对已拥有的财产进行投资，则是增加已经拥有的财产。财产本身已经存在，只是被投入运作并得到增长。伊斯兰教法既为财产的拥有制定了规则，也为对已拥有财产的投资制定了规则。买卖和租赁等契约属于财产投资方面的规则，狩猎和合伙（无声合伙）等行为则属于财产占有方面的规则。因此，拥有的途径就是取得原始财产的途径，而投资已拥有财产的途径则是增加财产的途径，这些财产此前已通过某种拥有途径而被拥有。

The difference between the means of possession and the means of investing already owned property is that possession is the acquisition of the property initially, by acquiring its origin. Whereas investing an owned property is increasing the property that is owned. The property already exists, but is invested and increased. Shar’a put rules pertaining to both the owning of property and the investment of owned property. Contracts such as selling and leasing are rules pertaining to the investment of property, and work such as hunting and silent partnership are rules pertaining to the possession of property. Accordingly, the means of ownership are the means of possessing the original property.Whereas the means of investing the owned property are the means of increasing the property, which was already owned through one of the means of ownership.

在拥有财产方面，存在着神定的因由，立法者（Ash-Shaari'，即安拉）将其限定于特定的途径。这些因由不得逾越。因此，拥有财产的途径仅限于伊斯兰律法（Shar'a）所规定的内容。前文所述将财产界定为一种规定性的律例（Hukm Shar'i），即依据资产或利益来衡量，要求拥有财产须获得立法者的许可。换言之，允许拥有发生的途径必须存在于伊斯兰律法之内。若所有权的合法途径存在，则财产的所有权即存在；若所有权的合法途径缺失，则即便某人实际占有了该财产，所有权也不存在。因此，所有权就是依照立法者所许可的神定途径而占有财产。 伊斯兰律法以具体案例确定了所有权的途径，这些案例以有限而非无限的形式加以阐明。律法以明确的一般性准则确立了这些途径。它们包含众多条目，既是这些途径的分支，也是对其规则的阐释。律法并未以某些一般性标准来描述这些途径，因此不能通过类比纳入其他一般性途径。这是因为新出现的需求只存在于所产生的财产之中，而不在交易之中；也就是说，它不在规范这种关系的制度之中，而在这种关系的标的之中。因此，有必要将交易限定于特定的案例，使之适用于新出现的、多样的需求，适用于作为财产的财产，以及作为劳动的劳动。这种做法使个人所有权的确定既符合人的天性，又对其加以组织，从而使社会免受若不加限制便可能产生的危害。 拥有个人财产的欲望是生存本能的一个方面，正如婚姻是繁衍本能的一个方面，宗教仪式是神圣化本能的一个方面。如果任由这些方面以任何方式得到满足，就会导致混乱与无序，以及不正常或错误的满足方式。因此，有必要规定人获取财产的方式，以防止乌玛中的少数人借助财产控制她，防止大多数人被剥夺满足部分需求的机会；也防止人把追求财产本身当作目的，以免失去美好的生活；同时防止为囤积而获取财产。据此，有必要界定占有财产的途径。通过考察允许人占有财产的真主法律规定（Ahkam Shari'ah），可以明确，占有财产的途径仅限于五种，即：

In order to possess property there are divine causes, which the Lawgiver has confined to particular means. These causes must not be transgressed. The means of possessing property is therefore limited to what the Shar’a has laid down. The previously mentioned definition of property as a defined rule (Hukm Shar’i) estimated in terms of the asset or benefit, requires that there should be a permission from the Lawgiver in order that possession occurs. In other words, the means permitting possession to occur must exist within Shar’a. If the legal means of ownership exists, ownership of the property exists, and if the legal means of ownership are absent, then the ownership of property does not exist, even if an individual actually possessed it. Ownership is thus possession of property by divine means permitted by the Lawgiver. Shar’a has determined the means of ownership by specific cases which it made clear in a limited, rather than unrestricted form. Shar’a has laid down these means in clear general guidelines. These comprise of numerous sections, which are branches of these means and clarifications of their rules. Shar’a did not characterise the means by certain general criteria, so no other general means can be included through analogy. This is because the renewed needs are only in the generated properties not in the transactions; i.e. it is not in the system that governs the relationship, rather it is in the subject matter of the relationship. Therefore it is necessary to confine transactions to specific cases which apply to the renewed and various needs, and to the property as a property, and to the work as work. This approach determines individual ownership in a manner that agrees with man’s nature and organises this ownership so as to protect the society from the dangers that would result from leaving it unrestricted. The desire to own individual property is an aspect of the survival instinct just as marriage is an aspect of the procreation instinct, and worship rituals are an aspect of the sanctification instinct. If these aspects were left free to be satisfied in any way this would lead to anarchy and disorder and to abnormal or wrong satisfaction. It is necessary, therefore, to define the manner by which man acquires property to prevent a minority of the Ummah from controlling her by means of property, that the majority of people are not deprived of satisfying some of their needs: and that property is not sought for its own sake only, lest man loses the pleasant life, and also to prevent the obtaining of property for the purpose of hoarding. Accordingly, it is necessary to define the means of possession. Through examination of the divine rules (Ahkam Shari’ah) which allow man to possess property, it becomes apparent that the means of possession are limited to five which are:

工作。

a. Work.

b. 继承。

b. Inheritance.

c. 为维持生计而获取财产。

c. Obtaining of property for the sake of life.

d. 国家将其财产授予公民。

d. The State granting of its properties to the citizens.

e. 个人不通过交换财产或劳动而获得的财产权益。

e. Properties which the individuals take without exchange of property or work.