第130条
Article 130
国家财产是指一切其支出由哈里发的见解与伊扎提哈德(独立判断)所决定的财富,例如来自税收、土地税和吉泽亚(人头税)的财富。
State property is every wealth whose expenditure is determined by the opinion and Ijtihad of the Khalifah, such as the wealth derived from taxes, land tax and Jizya.
其证据在于:沙里亚的经据表明,国家财产的定义是立法者(swt)准许哈里发依其见解与伊智提哈德来支配财富。先知(pbuh)曾依其见解与伊智提哈德来支配战利品中的财富,同样也支配了从各地征收的贾兹亚税和土地税中的财富。有一段沙里亚经文表明,先知(pbuh)可以依其认为适当的方式来支配这些财富,这证明伊玛目也可以依其见解与伊智提哈德来支配这些财富,因为先知(pbuh)的行为本身就是沙里亚的证据,因此它就是允许伊玛目依其见解与伊智提哈德,按其认为适当的方式来支配这些财富的许可。因此,这就是国家财产的定义。
Its evidence is that the Shari’ah evidences indicated that the definition of State property is the permission of the Legislator (swt) for the Khalifah to spend the wealth according to his opinion and Ijtihad. The Messenger (pbuh) used to spend the wealth from the war booty according to his opinion and Ijtihad, and likewise the wealth from the Jizya and land taxes which were collected from the different lands. There is a Shari’ah text which shows that it was left to the Messenger (pbuh) to spend it according to how he saw fit, which is an evidence that the Imam can spend this wealth according to his opinion and Ijtihad, since the action of the Messenger (pbuh) is a Shari’ah evidence and so it is a permission for the Imam to spend this wealth as he sees fit according to his opinion and Ijtihad. Therefore, that is the definition of State property.
因此,天课的支出并未交由哈里发依其个人见解和伊制提哈德(Ijtihad)来决定,而是明确规定了天课可用于的类别,国家则负责监督将其用于这些方面。因此,哈里发不能依其个人见解和伊制提哈德增加这些类别。
For this reason, the expenditure of the Zakah has not been left to the Khalifah to decide according to his opinion and Ijtihad, rather the categories it can be spent upon have been specified and the State is the guardian over spending it in those areas, and so the Khalifah cannot increase the categories according to his opinion and Ijtihad.
基于此,如果有一段伊斯兰教法文本记载允许伊玛目依据其自身的见解和伊吉提哈德支配某些特定财产,那么该财产即被视为国家财产,而立法者(SWT)的这段文本即是允许伊玛目依据其自身的见解和伊吉提哈德来支配它。因此,战利品、土地税、吉兹亚以及税收中的任何类似款项,还有国有财产的收益,都属于国家财产。从先知ﷺ的行为中推导出的定义,以及那些命令使用这些财产的经文的普遍含义,都适用于上述所有事项。本条款即是基于此而起草的。
Based upon this, if there is a Shari’ah text reported that permits the Imam to spend specific wealth according to his opinion and Ijtihad, then that wealth is considered to be the State’s wealth, and the text of the Legislator (swt) is a permission for the Imam to spend it according to his opinion and Ijtihad. Accordingly, the wealth of war booty, land taxes, Jizya and anything similar from taxes, and the returns from the State properties, is all State wealth. The definition which was deduced from the actions of the Messenger (pbuh) , and the generality of the texts which came ordering the utilisation of this wealth, apply upon all of the aforementioned issues. This article was drafted upon this basis.
这是对每一类财产的定义,以及每项定义所据以推导的证据。通过考察这些关于所有权而拟定的定义及其所据以推导的证据,可以清楚地看出,财产属于以下三类之一:私有财产、公有财产和国家财产。至于天课的财物,它并不归任何特定个人所有,而是归特定的类别所有,因此它被视为私有财产的一类,因为立法者(swt)允许那些类别通过给予者的转让而拥有它,无论给予者是直接缴纳天课的人还是伊玛目。正因如此,它不被视为第四类财产。据此,财产按照这三类进行划分,并且第127条的伊斯兰教法依据的细节已经阐明。
This is the definition for every category of property, and these are the evidences that each of these definitions was deduced from. By examining these definitions which were drafted regarding ownership, and the evidences which they were deduced from, it becomes clear that property falls under one of the following three categories: private property, public property and State property. As for the wealth from Zakah, this is not possessed by any specific person, rather it is possessed by specific sections, and so it is considered to be from the category of private property, since the Legislator (swt) permitted those sections to possess it through the conveyance of the one giving it, irrespective of whether that was the one giving the Zakah directly or the Imam, and for that reason it is not considered to be a fourth category of property. Accordingly, property is categorised according to these three categories, and the details of the Shari’ah evidence for article 127 have been made clear.