9 经济
9 Economy
53. 经济问题不在于国家的贫穷,而在于个人的贫穷。换言之,经济问题在于财富的分配,而不在于财富的生产。若一个国家贫穷,其问题可以通过努力增加生产来解决,例如扩大生产规模,或与其他国家进行整合。一个国家存在贫困问题并非不可避免。贫穷国家可能出现这一问题,富裕国家则可能不出现。它与人们的生活观无关,也不因民族和国家的不同而有所差异;此外,它也不会在民众之中引发问题。至于个人贫穷的问题,则必然会出现。这是因为社会中必然存在残障者、懒惰者,以及因意外事故而致残的人;所有这些人及类似情况,都必然存在于社会之中。此外,拥有财产是一种本能,人们为获得更多财产而相互竞争,也必然会在社会中发生。因此,社会中个人的贫穷是无法避免的。这是一个必然存在、需要解决的问题。而且,这一问题与人们的生活观相关,不同的人民和民族对此有不同的看法。因此,有人认为报酬应当与努力相称,所以不进行生产的人陷入贫穷是公平的。也有人认为,残障者被剥夺生存的权利是不公正的,即使其无能是天生的缺陷,或是因他无法控制的事故而导致他无法谋生。因此,公正要求保障他的生计。在生活中为谋生和钱财而竞争是自然的。这种竞争会在民众之中引发问题,需要加以解决。由此可见,需要解决的问题是个人贫穷的问题,而非国家的贫穷。 解决个人的贫困,就能解决国家的贫困。因此,问题在于分配,而不在于生产。
53. The economic problem is not the poverty of the country, but the poverty of individuals. Or in other words, the economic problem is the distribution of wealth and not the production of wealth. If a country is poor, its problem is solved by working to increase production, by expansion or by integration with other countries. The presence of the problem of poverty in a country is not inevitable. It may occur as in poor countries and it may not occur as in rich countries. It is not linked to the viewpoint about life, nor does it differ according to the peoples and nations, moreover, it does not create problems amongst the population. As for the problem of individual poverty, this will definitely happen. This is because the presence of the disabled and lazy people, beside others who became disabled through accidents; all of these and the like will inevitably exist in society. Furthermore, ownership is an instinct and competition among people for more ownership will inevitably occur in society. Thus, poverty of individuals in society is something that cannot be avoided. It is an inevitable problem that requires a solution. Also this problem relates to the viewpoint about life, which differs from people to people and nation to nation. So there are people who think the reward should be according to the effort, thus it is fair that the one who does not produce is poor. There are also people who think that it is injustice that the disabled be deprived from the right to live, even his inability was a natural handicap or if something happened to him beyond his control, thus causing him to be unable to earn. So justice demands that his livelihood is secured. Competition in life for livelihood and money is natural. Such competition creates problems amongst the population, which require solutions. This shows that the problem that needs a solution is the problem of the poverty of individuals, not the poverty of the country. Solving individual poverty solves the country’s poverty. Thus, the problem is distribution and not production.
54. 必须确保所有公民的基本需求(Hajaat asaasiyyah)都得到个体且完整的满足。每个人也应当能够满足其奢侈性需求(Hajaat kamaaliyyah),并确保公民拥有安全、教育、医疗以及社会其他基本需要的保障。 55. 所有权分为三种:私有所有权、公有所有权和国家所有权。私有所有权是一种以财产或利益来衡量的神圣法则,据此,所有者能够利用该财产,并因此获得相应的补偿。公有所有权是立法者允许社群共同分享某项财产的使用权。国家所有权则是指其支出取决于国家元首的见解与伊吉提哈德(Ijtihaad)的财产。
54. One must insure that all the basic needs (Hajaat asaasiyyah), of all the citizens, are satisfied individually and in a complete manner. Every individual should also be enabled to satisfy his luxurious needs (Hajaat kamaaliyyah), and insure that the citizens have security, education, healthcare and the rest of the basic needs of the community. 55. Ownership is of three types: private ownership, public ownership and state ownership. As for private ownership it is a divine rule estimated in terms of asset or benefit, which accordingly enables the owner to utilize the asset and to receive compensation for it. As for public ownership, it is the permission of the Lawgiver to the community to share the use of the asset. State ownership is the property whose expenditure depends on the opinion and Ijtihaad of the head of state.
56. 公有权的确立取决于财产的性质与属性,而与国家的看法无关。需要考察的是财产的实际情况:如果财产属于公共设施,如城市广场,或属于石油等自然资源,或本质上不为个人所有的任何东西,那么它天然就是公共财产,国家不能将其视为私有财产。如果财产不属于这三类,则仍为私有财产,国家不得强行夺取其所有者的财产并将其变为公有或国有财产。至于国有财产,它仅限于全体穆斯林享有权利的财产,但并非公众所有的财产。尽管民众对其享有权利,例如哈拉吉、税收和Fay'(非战而获之财),然而它是国有财产,必须归国家所有。如果穆斯林对其没有权利,那么它就是个人的财产,国家不得据为己有。因此,所谓的国有化完全是哈拉姆(非法的),因为当国家认为某项公共利益需要将个人所有的财产收归国有时,国家便将私有财产转变为国有财产。这是不允许的,因为伊斯兰教法禁止没收财产。先知ﷺ说:
56. Public ownership is established by the nature and description of the property, regardless of the state’s view. It is the reality of the property that needs to be looked into: if the property is from the public amenities, like city squares or natural resources such as oil or anything which by its very nature is not owned by individuals, then it is naturally public property. The state cannot keep it as private property. If the property is not from one of these three then it remains as private property and it is not allowed for the state to forcibly take it from its owner and turn it into public or state property. As for the state property, this is restricted to the property that is the right of all the Muslims, but it is not property that belongs to the public. Even though the people have a right over it, such as Kharaj, taxes and Fay’, however it is state property and must be owned by the state. If the Muslims don’t have a right over it then it is the property of individuals and the state is not allowed to own it. Hence, what is known as nationalisation is completely haraam, because it is the state that transforms the private property into state property when it sees a general interest that requires the state’s ownership of a property owned individually. This is not allowed because the Sharee’ah has forbidden us to confiscate property. He (PBUH) said:
“不允许一个人在未经其兄弟许可的情况下拿取其兄弟的木棍。”他界定了何为公共财产,并将此事取决于财产的性质与特征,而非依据国家的意见。他界定了国家财产,并将其限定于穆斯林大众享有权利的财产之上。
“It is not allowed for a person to take the stick of his brother without his permission.” He defined what is public property and he made the matter dependent on the nature and description of the property, not according to the opinion of the state. He defined state property and restricted it to the property in which the Muslim masses have a right.
57. 土地的所有权有其特定的规则。拥有土地的目的在于农业生产,以及保持并提高这种生产。土地的所有权与其他财产一样,可以通过购买、赠与、继承及其他方式取得。若是荒地,通过开垦也可取得所有权;国家将土地的所有权授予个人,同样可以取得。在伊斯兰教法术语中,这称为“iqTaa”(国家财产赐予)。个人取得土地所有权后,有义务亲自承担耕种土地的责任,既可以亲自动手劳作,也可以雇用工人、牲畜、农具等。不允许将土地出租给他人耕种。如果他荒废土地超过三年,则土地将被没收并交给他人。先知ﷺ说:
57. Ownership of the land has specific rules. The possession of land is meant for agricultural production, and for the continuity and increase of this production. The land becomes owned as any other land would: by purchase, gift, inheritance and other types of ownership. It is also owned by reviving it, if it was dead land, or if the state granted its ownership to individuals. In the Sharee’ah terminology, this is known as ‘iqTaa’ (state property grants). When the individual gains ownership of the land he is obliged to personally undertake the responsibility of exploiting the land. He does this either by directly doing the work himself, or hiring workers, animals, farming equipment etc. It is not allowed for him to lease it out for cultivation. If he neglects it for more than three years, then the land is confiscated and given to someone else. He (PBUH) said:
“谁开垦荒地,那地便归他所有。”有传述称,先知(愿主赐福他并使他平安)曾把土地赐给艾布·伯克尔和欧麦尔。也有可靠的传述说,使者(愿主赐福他并使他平安)说道:
“The one who revives a barren land it belongs to him.” It has been narrated that the Prophet (PBUH) granted land to Abu Bakr and ‘Umar. It has been authentically narrated that the Messenger (PBUH) said:
“凡有一块土地的人,让他自己耕种,或者让他的兄弟耕种。他不得以收成的三分之一或四分之一,或以某个specified的食物数量来出租。”据传,欧麦尔允许圈地三年。如果土地闲置了三年,而有人将其复垦,那么他对该地更有权利。欧麦尔还说:“圈占土地(Muhtajir)的人,三年之后便无权再拥有它。” 58. 所有公民都可以进行对外贸易,无论是货物贸易还是资金往来。进出口无需许可证,也无需(外国)汇款单,因为安拉(SWT)的经文在进口方面具有普遍性:
“Whosoever had a piece of land, let him cultivate it or let his brother cultivate it. He must not rent for it’s third or fourth of its harvest, and or a specified amount of food.” It has been reported that ‘Umar allowed fencing for three years. If the land has been left for three years and someone else revived it, then he is more entitled to it. It is also ‘Umar who said: “Anyone who fences a land (Muhtajir) has no right to it after three years.” 58. Foreign trade is allowed for all citizens, whether it is in goods or money. There is no need for licenses for import or export and no need for (foreign) money orders, due to the saying of Allah (SWTH), which is general in import:
“而安拉允许买卖”[《黄牛》:275],以及先知(愿主赐福并使其平安)的圣训所蕴含的普遍意义:ﷺ
“A nd Allah has permitted trade” [Al-Baqarah: 275], and the general import of the saying of the Messenger (PBUH):
“你们可以随意以黄金兑换白银,但须当场交收(不得赊欠)。”这一规定具有普遍性,既适用于国内贸易,也适用于对外贸易。由于先知ﷺ的教导,持有公民身份者不被征收关税:
“Trade with gold for silver as you wish, but hand to hand (without credit).” This is general and includes the domestic and foreign trade. Customs tax is not taken from those who carry citizenship, due to the saying of the Messenger (PBUH):
“凡征收马克斯(关税)者,不得进入乐园。”至于非公民,若未经许可,他们不得入境,也不得输入其货物或资金,即未经进口许可证和汇款单。国家有权准许或拒绝。这是因为没有公民身份者,若无安全保障(Amaan,保护承诺)便不得入境。对于没有公民身份者征收的关税,依据其所在国对我国商人所征收的数额而定。据传,艾布·马贾兹、拉希格·伊本·哈米德说:“有人对欧麦尔说:‘如果交战地区的人来到我们的土地,我们应当向他们征收多少?’他问:‘他们向你们征收多少?’他们说:‘十一税(ʿUshr)。’他说:‘那么你们也向他们征收同样的数额。’”
“He who imposes MMaakkss (custom duty) would not enter paradise.” As for non-citizens, they will not be allowed to enter the country or import their goods or money without permission, i.e. without an import licence and money order. The state has the right to give permission or withhold it. This is because the one who enters without citizenship cannot enter without amaan (pledge of protection) Customs taxes are taken from those who do not have citizenship according to what their country takes from our traders. It has been narrated that Abu Majlaz, Laahiq Ibn Hameed said: “They said to ‘Umar: ‘How much should we take from the belligerent people if they came to our land?’ He asked: ‘How much do they take from you?’ They said: ‘The ‘‘UUsshhrr (tithe)’ He said: ‘So take the same from them.’”.
59. 对外贸易依据商人的国籍而非货物的来源来认定。哈尔比(Harbi)性质的非信士者(kaafir Harbi hukman,即在律例上具有潜在敌对性的非信士者)商人,不得在我们的领土上从事贸易,除非经特许获准,或是针对该商人或其货物的特别许可。与我们有条约的任何国家的商人,将依照双方所签订的协议对待。持有公民身份的商人,禁止出口国家所需的原材料或战略物资,但不禁止进口其所拥有的财产。
59. Foreign trade is considered according to the citizenship of the trader, not the source of the goods. Traders who are kaafir Harbi hukman (potentially belligerent kafir) are banned from trading in our lands, except with the special permission given to the trader or the goods. Traders from any state with whom there is a treaty will be treated according to the agreements signed between them and us. The traders who hold citizenship are prevented from exporting the raw or strategic materials that the country needs, but they are not prevented from importing property they own.
与我们实际处于战争状态的国家,例如以色列,不适用此类贸易规则。对于这样的国家,实际战争之地的规则适用于与其的一切往来,无论是贸易关系还是其他关系。
The country that is actually at war with us, such as Israel, is excluded from such trading rules. The rules of the land of actual war apply to it, in all the relationships with it whether they are trade relations or not.
60. 在本国境内,禁止外国资金的使用与投资,也禁止将任何特许经营权授予外国人。
60. Utilization and investment of foreign money is banned in the country, as is the awarding of franchises to any foreigner.
61. 伊斯兰国不得参与国际货币基金组织或世界银行,也不得为了稳定货币或改善财政与经济状况而寻求它们的帮助,因为这会对国家造成损害,并导致其货币与经济遭到破坏。原因在于,这些机构是美国用来控制世界货币与贸易的工具。
61. It is not allowed for the Islamic State to participate in the IMF or the World Bank, or seek their help in order to strengthen the currency or to improve the financial or economic situation, due to the harm this causes to the state and the destruction of her currency and economy. This is because they are institutions used by America to control currency and trade in the world.
同样,伊斯兰国家不得向金融机构或外国政府举借外债,以资助其项目、改善经济或维护其货币价值。外债是不被允许的,因为它会危害国家、经济、货币和主权。这是因为外债是使一个国家贫困化、摧毁其经济和货币的工具,债务会因此成倍增长。此外,它还是放贷的异教国家扩大影响力的手段,限制了国家的主权,并将其意志扣为人质。因此,伊斯兰教法不允许这样做,因为它是通向哈拉姆(禁止之事)的手段,而通向哈拉姆的手段本身也是哈拉姆。这些交易也因为无法在没有里巴(高利)的情况下进行,而里巴是哈拉姆。
Similarly, it is not allowed for the Islamic state to take foreign debts from financial institutions or from foreign states to finance her projects, improve her economy or protect the value of her currency. Foreign debt is not allowed due to its danger to the state, economy, currency and sovereignty. This is because foreign debt is a tool to impoverish a country and destroy its economy and currency, whereby the debt multiplies. Beside that, it is a means to extend the influence of the money lending kaafir nations. This limits the state’s sovereignty and takes its will as a hostage. Therefore, the Sharee’ah does not allow this, because it is a means that leads to Haraam and the means that leads to Haraam is itself Haraam. These deals are also because they cannot take place without riba and riba is Haraam.
纵览一下那些允许自己借取外国贷款的国家,例如约旦、埃及、土耳其、苏丹以及其他国家,可以发现这些国家的经济并没有因此改善。它们的项目并未成功;它们没有能够保护货币价值,也没有解决贫困问题。相反,货币贬值了,贫困加剧了,经济衰退了,项目失败了,债务成倍增长。国际货币基金组织和世界银行如今控制着它们的意志,捐助国也对它们施加影响,这导致了它们主权的削弱。
A quick look at the countries that allowed them-selves to take foreign loans such as Jordan, Egypt, Turkey, Sudan and other countries indicates that these countries did not improve their economies. Their projects were not successful; they did not protect the value of the currency, or solve poverty. On the contrary, the currencies have collapsed, poverty has increased, the economy has declined, projects have failed and debts have multiplied manifold. The IMF and the World Bank now control their will and the donor countries have influence over them, which has led to a weakening of their sovereignty.
62. 工厂的所有权,从本源上说属于私有财产,既不是公共财产,也不是国家财产。这是因为先知穆罕默德ﷺ曾下令制作印章戒指和讲台(讲坛)。他下令制作这两样东西时,是找那些以个人名义拥有作坊的人来制作的。在先知ﷺ的时代,人们常常订购物品的制作,而他对此表示认可。这表明先知ﷺ无条件地认可了工厂的个人所有权。此外,没有任何经文表明工厂的所有权属于公共或国家财产,因此它属于私有财产。
62. The ownership of a factory is, in origin, a private property, not a public property, nor a state property. This is because the Messenger of Allah (PBUH) ordered the manufacture of a seal ring and the pulpit. He ordered the manufacture of both of these by people who owned the factory as an individual property. People used to order the manufacture of things at the time of the Messenger (PBUH) and he consented to that. This indicates that the Messenger (PBUH) consented to the individual ownership of the factories without restriction. As well as this, there is no text that indicates that the ownership of factories is a public or state property, so it is a private property.
然而,允许将从公共财产中生产材料的工厂赋予其所生产材料的性质;因此它们成为公共财产。也允许将其作为国家财产,因为国家是乌玛在开采公共财产材料方面的代表。也允许将其作为个人财产,即国家从个人手中租用这些工厂来开采这种材料。
However, it is allowed to give the factories that produce material from the public property the rule of the material they produce; thus they become public property. It is allowed as well to make them a state property, for she is the representative of the Ummah regarding the extraction of the public property material. It is allowed also to make them individual property, where the state hires these factories from the individuals in order to extract this material.
63. 国家的常规收入包括:فيء(法伊)、人头税(جزية)、土地税(خراج)、埋藏财物的五分之一(خمس الركاز)以及天课(زكاة)。这些收入是持续征收的,无论是否有需要。如果这些收入足以满足需要,就没有问题,此时国家根本不得再征收任何税赋。然而,如果这些收入不足以支付开支,则需要对情况加以考察。如果未得到满足的需要并非必要,而且因其被搁置不会对土地或人民造成任何损害,例如在已有另一条道路的情况下修建道路,或在现有水井已足够的情况下挖掘水井,那么在这种情形下,国家可以征收足以承担这些事项的税款。这是因为此事是公库(بيت المال)和穆斯林应尽的义务。如果公库中没有收入,则义务转移到穆斯林身上。在这种情况下,应当根据每个人的状况,以合宜的方式,向所有超出其基本需要的人征税。绝对不允许设立间接税。因此,对于安保、卫生、议会,以及法院、拍卖和其他事务,绝对不存在任何税赋。
63. The permanent revenues of the state are the fay’, the jizyah, the kharaaj, the fifth of the hidden treasure and the zakaah. These revenues are collected continuously, whether there was a need or not. If these revenues meet the needs, there is no problem; it is not then allowed for the state to collect taxes at all. If however these revenues were not enough to meet the expenses, then the matter needs to be examined. If the needs that were not met were not necessary and no harm falls upon the land or the people due to them being left, such as building a road where there is another alternative road, and digging wells where the present wells are sufficient, then in this case the state collects taxes that are enough to undertake them. This is because this is obligatory on bait ul-maal and the Muslims. If there are no revenues in bait ul-maal, then the obligation is transferred to the Muslims. In that case the taxes are collected from everybody who has more than his needs, according to his situation and in a seemly manner. It is not allowed to lay down indirect taxes at all. Thus, there are absolutely no taxes for guarding, for health, for council and nor for courts or for auction and other things.