第178条
Article 178
国家有义务在小学和中学教育阶段,向每一位个人,无论男女,教授生活主流所必需的知识。这些教育必须对所有人免费提供,国家还应尽其所能,为每个人提供免费继续接受高等教育的机会。
It is an obligation upon the State to teach every individual those matters that are necessary for the mainstream of life, male or female, in the primary and secondary levels of education. This must be provided free of charge to everyone, and the State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge.
它的证据在于,这属于人民的根本利益与公共福祉。教导个人在主流生活中所需要的知识,属于根本利益,因为它带来益处、排除伤害。因此,国家有义务按照主流生活的需要,并根据需要接受教育的青少年人数,来保障这些利益。在当今时代,由于各国之间生活的性质,大众的初级和中级教育已成为必需,不再属于非根本的事务。因此,国家有义务为每一个人提供其参与生活事务所需的初级和中级教育,这是一项义务,同时它依然是根本利益之一。所以,国家有义务为所有愿意求学的国民设立足够的初级和中级学校,并免费提供他们参与生活事务所需的知识。先知ﷺ曾以让每名穆斯林儿童学会读书写字的方式,作为释放异教徒战俘的赎金,而这笔钱来自战利品,属于哈里发可用于穆斯林利益的开支。这证明,教育方面的开支是无需回报的。
Its evidence is that it is from the essential interests and utilities for people, since teaching the individuals what they require in mainstream life is from the essential interests, since it achieves benefit and repels harm. This is why it is obligatory upon the State to provide for these interests according to what mainstream life necessitates, and according to the number of youth present that require to be taught those issues. Primary and secondary education of the masses has become a necessity due to the nature of life between nations in this era, and is no longer from the non-essential issues, so accordingly the primary and secondary education for every individual of what is required to partake in the mainstream of life is an obligation upon the State, while it remains one of the essential interests. Therefore, it is obligatory upon the State to provide sufficient primary and secondary schools for all the subjects of the State who wish to study and provide them with what they require to partake in life’s affairs free of charge. The Messenger (pbuh) made the ransom of the disbelieving prisoners that they should teach ten of the Muslim children, and that was from the war booty which is part of what the Khalifah may spend in the interests of the Muslims, and is evidence that the spending upon education is without anything given in exchange.
高等教育同样属于公共利益的范畴,因此其中属于必需之事的部分,例如医学,必须由国家提供,与初等和中等教育的方式相同,因为它能够带来利益、消除危害,并且属于伊斯兰教法规定由国家承担的事务。至于非必需的事务,例如文学,则在财政条件允许的情况下,国家应当予以提供。
Higher education is also from the interests, so anything from it which is part of the necessities such as medicine must be provided by the State, in the same manner as primary and secondary education, since it achieves benefit and repels harm and is from the issues that the Shari’ah obligated upon the State. As for anything from the non-essential issues, such as literature, then the State should provide for it if the finances were available.
初级和中级教育,以及乌玛在进一步教育方面所必需的一切,都被视为伯特·马尔(Bayt Al-Mal)支出中的义务性利益,无需任何回报。
The primary and secondary teaching, along with whatever is essential for the Ummah in terms of further education, is considered part of the obligatory interests upon the expenditure of the Bayt Al-Mal, without anything in return.