30.7 伊斯兰教中不存在劳工问题
30.7 There Is No Labour Problem In Islam
资本主义经济制度曾被推行于西方世界,也曾在共产党执政之前推行于俄罗斯。资本主义意识形态的原则之一是所有权自由,由此产生了雇主奴役雇员(即劳工)的情况,只要双方存在相互同意,并且只要存在“义务理论”(nadhariyya al-iltizam,即契约义务法)。
The capitalist system in economics was implemented upon the western world, and upon Russia before the communist party ruled it. Among the principles of the capitalist ideology is freedom of ownership from which resulted the owners of work enslaving the employees i.e. the labourers as long as there existed mutual consent and as long as the nadhariyya al-iltizam (law of obligations)
……在支配他们的,正是这一点。劳工遭受雇主的恶行、不公以及对其辛勤劳动与付出的剥削。当社会主义思潮兴起,宣称要为雇员争取公正时,它便被视为解决雇佣合同问题的基础。据此,社会主义提出了解决方案,即通过限制工时、规定工资、保障其休息时间等方式,给予工人公正。于是它动摇了义务理论(nadhariyya al-iltizam,即债法理论),而该理论解决问题的无能也暴露无遗,西方学界的学者们因此被迫改变其义务理论,以便使该理论能够应对这些问题;于是他们引入各种改良措施来弥补其观点的缺陷。在劳动合同中加入了一些原则与规则,旨在保护工人并赋予他们以往所没有的权利,例如集会的权利、组建代表机构的权利、罢工的权利,以及给予他们退休金、福利或补偿等。尽管义务理论的文本本不允许这类权利存在,然而为了解决社会主义思潮在工人中引发的问题,人们对这些观点进行了重新解释。随后,社会主义观点又出现,主张禁止财富私有,并使工人获得他所需要的一切。由于两种意识形态之间的矛盾——社会主义(由此衍生出共产主义)与资本主义——在财产所有权和雇员问题上存在分歧,二者之间便产生了劳工问题。两者各自基于其对生活的不同观点,提出了解决这一问题的具体方法。
is the one dominating over them. Labourers met with the employer's evil, injustice and exploitation of their hardwork and labour. When the socialist thought appeared and announced justice for the employee, it appeared as the basis of solving the hiring contract. Accordingly socialism came with the solution of giving justice to the worker by limiting the time of work, the wage of work, guaranteeing him leisure etc. So it destroyed the nadhariyya al-iltizam (law of obligations) and its incompetence to solve the problems became clear so the scholars of western canons and they were forced to change their nadhariyya al-iltizam (law of obligations) until the nadhariyya al-iltizam (law of obligations) was able to be fortified before the problems; hence they inserted reforms to patch up their viewpoint. Principles and rules were inserted into the work contract aiming to protect workers and to give them rights which they did not previously have, like the right to gather together, the right to form representatives, the right to strike, giving them retirement and benefits or compensation etc. Even though the text of the nadhariyya al-iltizam (law of obligations) does not permit these types of rights. However there occurred the interpretation of these viewpoints to solve the problems of workers which Socialist thought initiated among workers. Then came the socialist viewpoint to prevent ownership of wealth and giving the worker everything he needs. Due to the contradiction between the two ideologies, socialism from which emanates communism and capitalism, in respect of ownership and in respect of the employee, a labour problem was created between them. Each of them came with a specific method of solving this problem which was created by their two different viewpoints with respect to life.
就伊斯兰教而言,并不存在一个被称为"劳工问题"的问题,伊斯兰教的乌玛也不分为工人与资本家、农民与地主等阶级。整个问题所涉及的是雇员本身:他是为某种职业而受雇,如专家或技术人员,还是仅为其劳动而受雇,如其他普通雇员;他是为个人服务的雇员、为团体服务的雇员,还是国家雇员;他是特定的雇员还是一般的雇员,他们都是雇员。关于这类雇员的规则已经得到清楚的阐明和解释。雇员在双方同意约定工资的情况下,有权获得约定的工资,作为雇佣期间的报酬;雇佣期满后,他们可以离开雇主。如果双方在工资问题上有分歧,则由专家来评估相当的工资。这些专家由双方共同选定,如果双方无法达成一致,则由法官选定,双方有义务必须遵从专家的意见。至于法官规定某一特定工资,这在类比上是不被允许的,因为禁止为商品定价,而工资是劳务的价格,价格即是商品的价格。正如商品市场依据自然的价值评估来确定商品的价格,同样,工人劳务的市场也是由对工人的需求所确定的。然而,为工人准备工作则是国家的责任。
As for Islam, there does not exist a problem known as a labour problem nor is the Islamic Ummah divided into classes of workers and capitalists, or peasants and landlords etc. The whole issue is related to the employee whether he was hired for the profession like specialists or technical experts or he was hired for his labour alone like the remaining employees, and whether he was an employee for persons or an employee of groups or a State employee, and whether he is a specific employee or a common employee; they are all employees. The rules for this employee have been clearly manifested and explained. At the employees’ consent upon the named wage, for them is the named wage for the hiring period and they can leave their employer after their hiring period ends. And if they differ with him then comes the role of experts to estimate the comparable wage. These experts are chosen by the two parties but if they cannot agree upon them, the judge chooses them and the two sides are obliged by what the experts say compulsorily. As for the judge determining a specific wage, it is not permitted by analogy upon the impermissibility of price-fixing for goods since the wage is the price of the benefit and the price is the price for the good. Just as the market for goods establishes the price of the good with a natural evaluation, similarly the market for the benefits of workers is established by the need for workers. However it is upon the State to prepare work for workers:
“伊玛目是牧人,他要为他的臣民负责。”(布哈里传述)
“The Imam is a shepherd and he is responsible for his subjects” (Narrated by Al-Bukhari).
国家有责任消除雇主对工人的不公正行为。对不公正保持沉默、而自己有能力消除却不去消除,是被禁止的,这是一项重大罪过。如果国家在消除不公正方面疏忽,或者压迫雇员,那么整个乌玛有责任追究国家在这一不公正上的责任,并急于消除它。不公正行为法院(mahkamat al-madhalim)有责任审查这一不公正,为受压迫者消除它,其命令在这方面须由统治者和国家执行。这并非只落在受压迫的雇员身上,正如今天人们以罢工和抗议来解决工人问题的情况那样。因为公民中任何个人遭受的不公,以及国家在照管任何个别公民事务上的疏忽,都关系到对整个乌玛的照管,即使它只涉及某个人或某些人。这是因为这是执行伊斯兰教法的规定,它不专属于某一特定方,即使它发生在某一特定群体身上。
It is upon the State to remove the injustice of the owners of work upon workers for silence upon injustice with the ability to remove it is forbidden and there is great sin in that. If the State is negligent in lifting injustice or it oppresses employees, it is upon the whole Ummah to account the State over this injustice and to hasten to remove it. And it is upon the Court of Unjust Acts (mahkamat al-madhalim) to look into this injustice and lift if from the oppressed person, and its command in this is executed upon the ruler and the State. This is not upon the employees who were oppressed alone as is the situation today in solving the problems of workers with strikes and protests because the injustice of any individual of the citizens and the State’s negligence in taking care of the affairs of any individual citizen is a matter related to taking care of the Ummah as a whole even if it were specific to a person or persons. This is because it is execution of the Shari’ah rule and it is not related to a specific party even if it occurs upon a specific group.
至于工人在保障自身及家人健康方面所需的内容,在离职时保障其生活开支,保障其子女的教育,以及与这些保障类似的、为保护劳动者而需研究的事项,伊斯兰并不将其放在雇员与雇主之间的研究范围内,因为这并非雇主的责任,而是国家的责任。也不是工人的责任,而是每一位弱势的公民的责任,因为国家免费为所有人保障医疗与教育,并为弱者保障其生活开支,无论其是否为工人,因为这是天经地义的义务,由公库(Bait al-Mal)承担,也是所有穆斯林共同的义务。
As for what workers require in guaranteeing their health and that of their families, and guaranteeing their expenses in the situation of their leaving work and guaranteeing the education of their sons and what is similar to these guarantees researched therein to secure the labourers, Islam does not research it in the research of the employee and employer because this is not upon the employer but rather upon the State. Nor is it for the workers but rather for each weak person among the citizens because the State guarantees health and education freely for all, and guarantees for the weak person his expenditure whether he is a worker or not since this is obligatory upon the Bait al-Mal and obligatory upon all Muslims.
因此,不存在专属于某一劳动阶层或伊斯兰教法的某一群体或政党的问题。凡涉及照料民众事务的问题,国家都有责任予以解决。整个乌玛要求国家解决这一问题、消除不公,而承受问题或遭受不公的人,也不是唯一负有责任的人。
Accordingly there does not exist a labour problem nor a problem specific for a group or party of the Ummah, so in every problem related to taking care of the affairs of citizens the State is responsible to solve it. And the whole Ummah accounts the State to solve this problem and remove the injustice, nor is the person with the problem, or the one upon whom the injustice occurred, the only responsible person.