第165条
Article 165
在国家境内,外国基金进行的开发与投资是被禁止的。同时,授予外国人特许经营权也是被禁止的。
Development and investment by foreign funds within the State are forbidden. It is also prohibited to grant franchises to foreigners.
“投资”和“发展”这两个词是西方术语。“投资”一词的意思是钱本身产生利润,即通过产生利息来获利。至于“发展”一词,则指将资金用于工业、农业或贸易,以产生利润。
The two words: “investment” and: “development” are Western terms. The term investment means that the money itself produces profit, which is by yielding interest. As for the term development, it means to use the money in industry, agriculture or trade, in order to produce profit.
基于这一理解,所有投资都是不被允许的,因为它属于利息,而利息是被禁止的(哈拉姆)。尽管关于外国投资的论述以这一规定来解释:与哈尔比人(Harbi)从事利息交易是被禁止的,与齐米(Dhimmi)以及穆斯林之间亦是如此,两者之间并无区别,这是由于真主(SWT)的经文具有普遍性:
Based upon this understanding, all investment is not allowed, since it is interest and interest is forbidden (Haram). Although the text regarding foreign investment is explained by the rule that it is prohibited to engage in interest with a Harbi, in the same way as a Dhimmi and a Muslim without any difference between them due to the generality of His (swt) words:
“并且禁止了利息(高利贷)。”(TMQ 2:275)既然没有任何真实可靠的文本specify(限定)它,那么它就保持普遍性。不能说这段圣训……
“And has forbidden interest (usury).” (TMQ 2:275), and since there is no authentic text which specifies it then it remains general. It cannot be said that the narration:
. » لاَ رِبًا بيََْ الْمُسْلِمِيَ وَأَهْلُ الحَْرْبِ فِي دَارِ الحَْرْبِ «.
. » لاَ رِبًا بيََْ الْمُسْلِمِيَ وَأَهْلُ الحَْرْبِ فِي دَارِ الحَْرْبِ «.
“在敌对地区(Dar Al-Harb)中,穆斯林与敌人之间不存在利息(高利贷)”这一说法,因为该段圣训是有缺陷的:它是出自Makhul的Mursal(中断的)传述。Shafi’i在《Al-Umm》中说它并未得到证实,不能作为证据;Ibn Muflih则说该传述不为人知。因此,它既不适合作为证明利息被允许的证据,也不能用来限定或限制经文,经文仍保持其普遍性。所以,对外国投资与对臣民(穆斯林和Dhimmi)的投资同样禁止,因为它属于利息,因而是被禁止的。
“there is no interest (usury) between the Muslims and the enemy in Dar Al-Harb” specifies it since the narration is weak as it is Mursal from Makhul. Shafi’i said in Al-Umm that it is not confirmed and it is not an evidence, and Ibn Muflih said the report is unknown - so it is not suitable as an evidence to prove the permission of interest, and nor does it specify/restrict the verse, and so the verse remains general. Therefore, foreign investment is forbidden in the same way as investment from the subjects (Muslims and Dhimmis) because it is interest and thus it is forbidden.
关于禁止借助外国资金进行发展,其原因在于这会导致非法之事,这符合这一原则:“通向禁忌之事的手段,也是被禁止的”。而且,仅仅是最有可能的结果,就足以使某事成为被禁止的。那么,当外国资金的发展导致确定的非法之事时,又当如何呢?通过感官和可信的信息都可以确认:在国内利用外国资金进行发展,正是异教徒扩大其对当地人控制的途径,而扩大他们在这片土地上的影响力是非法的。
As for the prohibition of development through foreign funds this is because it leads to Haram in agreement with the rule: “The means to something forbidden is also forbidden”, and the strongest possibility is enough to make something prohibited, so what about when foreign development leads to a confirmed Haram? It is confirmed by the senses and by information whose authenticity is trusted that the use of foreign funds for development in the country is the method to extend the influence of the disbelievers over them, and extending their influence in the land is Haram.
关于“让步”(concessions),这也是一个西方术语,有两层含义。第一,指某个外国国家被授予特殊权利,而这些权利对伊斯兰国家而言成为一种义务,例如伊斯兰国家在十九世纪国力衰弱时所作的让步,又如英国和法国在埃及曾经享有的让步:外国臣民依照其本国法律而非伊斯兰教法接受审判,以及国家对外国人没有管辖权的情形。这种含义下的让步,从两个角度来看是被禁止的:第一,它们削弱了伊斯兰国家的主权,赋予不信道的国家对伊斯兰土地的权力,而这是明确禁止的(Haram Qat’an);第二,它们阻止伊斯兰教法在伊斯兰国家的非穆斯林身上实施,并以大违道(Kufr)的律法取而代之,这同样是明确禁止的。因此,按照上述含义,让步是被禁止的。
As for concessions, it is also a Western term, and has two meanings. Firstly, that a particular foreign State is given special rights with the consideration that they are an obligation for that state upon the Islamic State, such as the concessions that the Islamic State gave in the nineteenth century while it was weak, and such as the concessions that Britain and France used to have in Egypt, such as the foreign subjects being judged according to the laws of their country rather than the laws of Islam, and the example of the State having no authority over the foreigners. These concessions, with this meaning, are forbidden from two angles; firstly: they take away from the sovereignty of the Islamic State, and give the disbelieving States authority over the Islamic lands, which is something decisively forbidden (Haram Qat’an); secondly: they prevent the rule of Islam being applied upon the non-Muslims in the Islamic State and make the rule of disbelief (Kufr) applicable in its stead, which is also decisively forbidden. Due to this, concessions according to the meaning mentioned are prohibited.
关于"让步"(rukhas)的第二种含义,指的是授权人去做某件被允许的事情,而没有获得许可的人则被禁止。所有这类做法都是不允许的,无论这种做法是否针对外国人。因为任何被允许的事情对所有人都是允许的,因此把它限定在某个特定个人身上,同时禁止其他人,就等于禁止了人们本可享有的允许之事。国家当然可以按照能使其从这些允许之事中获得最大利益的方式来组织和安排这些事务;但是,这种组织安排不能因此禁止任何人去做原本被允许的事情。
As for the second meaning of concessions, it means to give a permit to carry out a permitted action, and those without the permit would be forbidden. This is all forbidden, irrespective of whether it was being applied to the foreigner or not, since any permitted issue is permitted for everyone, and so to restrict it to a particular individual while prohibiting others, is forbidding something which is permitted for the people. It is correct that the State can organise the permitted issues according to the styles which would enable it to benefit from them in the best manner; however it is not correct that this organisation would prohibit anyone from something that was permitted.
因此,依照这一含义,让步也同样禁止给予外国人以及非外国人。文中提到外国人,是因为给予他让步会造成危害,因为这会使他控制该国,正如石油让步的情况一样。
Accordingly, concessions according to this meaning are also prohibited for the foreigner and the one who was not a foreigner, and the text mentions foreigner since giving the concession to him is a cause of harm, since it gives him control over the country, as is the case with the oil concessions.