这些是可以再生的矿产，不会被完全耗尽，也是数量极其庞大、不受限量的矿藏。至于数量有限、储量微小的矿产，则属于私有财产，个人可以拥有。正如使者ﷺ将Qabaliya的矿产赐给Bilal ibn Al-Harith al-Muzni，该矿位于希贾兹的Al-Far’a地区。Bilal曾请求使者ﷺ把这些矿产划归他，于是使者ﷺ准许了他的请求，并使他成为其所有者。因此，金、银及其他种类的矿藏，若以少量、非商业规模存在，则属于私有财产。个人可以拥有它们，正如国家可以将其分配给民众一样是被允许的。在这种情况下，无论开采量多少，人们都必须将所采出的部分的五分之一上缴国库（Bait ul-Mal）。
This is the replenishable minerals which do not deplete completely, and are the vast amount of minerals which are not limited in measure. As for insignificant amounts of minerals which are limited in measure, these are private property that individuals are permitted to own as the Messenger of Allah (saw) gave Bilal ibn Al-Harith al-Muzni the minerals of the Qabaliya in the area of Al-Far’a in Hijaz. Bilal had asked the Messenger of Allah (saw) to allocate them to him, so he granted them to him and made him the owner. Therefore the deposits of gold and silver, and other types of minerals, present in small non-commercial amounts are private property. Individuals are permitted to own them as is permitted for the State to allot them to the people. In this case people have to pay one-fifth of what they extract of them to the Bait ul-Mal, whether they extract a little or a lot.
至于那些储量巨大、没有限量的矿藏，它们是全体穆斯林共有的公共财产，不允许分配给任何人或任何群体，也不允许将其所有权赠予任何个人或团体。同样，也不允许将开采这些矿藏的特许权授予个人或公司。相反，它们必须始终作为全体穆斯林共同拥有的财产，由国家代表全体穆斯林进行开采、提炼、冶炼和销售，并将所得价款存入穆斯林的公库（Bait ul-Mal）。无论这些矿藏是露在地表、不费力即可获取的，如食盐和锑（Kohl，即眼影粉原料），还是埋藏在地下深处、只能通过艰辛、劳力和巨大努力才能开采的，如黄金、白银、铁、铜、铅、锡、铀、磷酸盐及其他矿物，其规定都没有区别；无论它们是固态的，如黄金和铁，还是液态的，如石油，或是气态的，如天然气，也都没有区别。
As for the vast minerals, not limited in measure, these are public property owned by all Muslims and are not allowed to be assigned, given in ownership or allotted to any person or persons. Similarly, it is not allowed to give concession for their mining to individuals or companies. Rather they must remain a property jointly owned by all Muslims and the State should carry out their extraction, purification, smelting and selling on their behalf and place their price in the Bait ul-Mal of the Muslims. There is no difference in the rules of these minerals whether they are apparent on surface and are reached to without trouble like salt and antimony (Kohl), or are underground and deep in earth and cannot be extracted except by hardship, labour and great trouble like gold, silver, iron, copper, lead, tin, uranium, phosphate and other minerals; nor whether they are solid, like gold and iron, or liquid, like petroleum, or gaseous like natural gas.
有证据表明，这些储量巨大、取之不尽的矿产属于公共财产，即阿比德·本·哈马勒·马兹尼所传述的那段圣训：他曾前往拜见安拉的使者ﷺ，请求让他获得盐矿，先知ﷺ便将其划拨给他。他转身离开后，聚会中有一人说：“你知道你给他的是什么吗？你给他的其实是取之不竭的水。”于是先知ﷺ将其收回。
先知ﷺ在得知盐矿储量丰富之后，收回了之前划拨给阿比德·本·哈马勒的盐矿，这说明任何储量巨大、不会耗竭的矿产，都不允许个人据为私有，因为它属于全体穆斯林所共有。这一规定并不限于盐，而是适用于所有矿产，无论其种类如何，前提是它们的性质与大量的水（盐矿）相同，即可以不断再生。
The evidence that these vast minerals of unlimited measure are public property, is what is narrated from Abyadh b. Hammal al-Mazini “that he called on the Messenger of Allah (saw) and asked him to allocate to him the salt and he allocated it to him. When he turned away a man in the gathering said: ‘Do you know what you have allotted to him? Verily you have allotted to him replenishable water’, so the Prophet (saw) withdrew it from him.” The fact that the Messenger of Allah (saw) took back from Abyadh b. Hammal the salt he had allotted to him, after he knew that it was abundant, is an evidence that any vast quantity mineral, which does not deplete, is not allowed to be owned by individuals as it is an ownership of all the Muslims. This matter is not specific to salt, rather it is general for all minerals whatever their type, on condition that they are of the same status as the vast quantity of water (salt mineral) i.e. which is replenishable.
由于可再生的矿产属于全体公民的公共财产,因此国家不得将其分配给个人或公司,也不得允许个人或公司为了自身利益而开采。相反,国家有义务亲自代表穆斯林进行开采,以此作为管理他们事务的一种方式。国家所开采的一切都将成为全体公民的公共财产。
As minerals which are replenishable are public property for all citizens, it is not therefore permitted for the State to allocate them to individuals or companies nor to allow individuals or companies to mine them for their own benefit. Rather it is obligatory upon it to mine them by itself on behalf of the Muslims as a form of looking after their affairs. All that it extracts will be a public property for all the citizens.
这些矿产的开采，尤其是地下的矿产，无论是液态还是固态，都需要机器和工厂。国家在任何情况下，都以公共财产的身份代表公民开采这些矿产。这种开采要么由国家直接通过国家所有的机器和工厂进行，这些机器和工厂属于公共财产；要么通过个人进行，国家根据其所付出的劳动或其所拥有的机器支付工资。
Extraction of these minerals, particularly that which is underground whether liquid or solid, requires machines and factories. The State, in all circumstances, extracts these minerals on behalf of the citizens in its capacity as public property. This extraction will either be directly by the State via machines and factories owned by the State they are from the public properties, or it will extract them through individuals in return for wages paid based on their efforts accrued or the machines they own.
如果国家用其所拥有的机器和工厂来开采这些矿产，那么这些机器和工厂的所有权可以仍归国家所有。国家也可以将其转为公共财产，这比继续作为国家财产更为可取。因此，它们也适用这些矿产的所有权规则，即成为公共财产。这遵循了其所生产矿产的所有权规则。这一结论源自禁止酿造酒类以及禁止拥有酒类工厂的规定，而禁止酒类的依据来自阿奈斯的圣训："安拉的使者ﷺ诅咒了与酒有关的十种人：压榨（生产）酒的人，以及为他而压榨（生产）酒的人……"（圣训）还有伊本·欧麦尔所传的圣训："酒受到十种方式的诅咒：诅咒酒本身，诅咒饮酒的人，诅咒给别人斟酒（供其饮用）的人，诅咒卖酒的人，诅咒买酒的人，诅咒压榨酒的人，以及为他而压榨酒的人……"这些圣训禁止压榨和制造酒类，尽管压榨葡萄用于酿酒以外的目的并不被禁止。由此可知，拥有酒类生产工厂是被禁止的。因此，国家所有的用于开采可再生矿产的工具和工厂可以成为公共财产，既然这些矿产是公共财产，那么这些机器和工厂的价值也属于公共财产。
If it extracts these minerals with machines and factories which it owns, it is permitted that the ownership of these machines and factories remain as property of the State. The State might also convert them to public property, which is more preferable than to remain as a state property. Thus they take the rule of the ownership of these minerals i.e. becoming public property. This follows the rule of the ownership of the minerals they produce. This is derived from the prohibition of manufacturing alcohol and prohibtion of owning an alcohol factory following the prohibiton of alcohol taken from the Hadith of Anas: “The Messenger of Allah (saw) cursed ten (persons) in relation to alcohol: The one who presses (produces it) and the one for whom it is pressed (produced)…” Hadith. And from the Hadith narrated by ibn ‘Umar: “ alcohol was cursed in ten ways: Curse is for itself, and its drinker, the one who serves it to another (to drink), its vendor, its purchaser, presser (one who squeezes it), and the one for whom it is pressed…” These Ahadith prohibited the pressing of alcohol and its manufacture, despite the fact that pressing grapes for other than manufacturing of alcohol is not prohibited, and following from this it is prohibited to own a factory for producing alcohol. Thereupon it is permissible to make the tools and factories owned by the State to extract the replenishible minerals public property, following that these minerals are public property, and therefore the price of these machines and factories is of the public property.
至于国家通过雇佣个人、按劳动、所得收益或其所拥有的机器来支付工资的方式开采这些矿产，这些机器和工厂仍然归个人私有，因为工厂本身就属于私有财产。先知ﷺ曾认可个人以私有财产的方式拥有工厂，并且他曾用其中的材料制作讲台（Mimbar）和戒指。
As for the mining of these minerals by the State through using individuals in return for wages, based on labour, benefit accrued or the machines, which they possess, these machines and factories remain owned privately by the individuals, due to the fact that a factory in itself is of the private property. The Messenger (saw) had consented to individuals owning factories as private property, and he manufactured his pulpit (Mimbar) and ring from them.
然而，个人对这些机器和工厂的所有权，并不允许他们为自己开采或提取可再生的矿物，因为这些矿物属于全体穆斯林所有。任何人都不得获得对其中某个个人的特许权；但允许国家以确定的工资雇用他们来操作这些机器，开采这些矿物。他们所开采的全部矿物，都将作为全体穆斯林的公共财产所有，其收入应存入穆斯林公库（Bait ul-Mal）中的公共财产部分，因为公库是其保管之处，尽管它属于全体穆斯林所有。
However, the individuals’ ownership of these machines and factories does not allow them to mine or extract the replenishable minerals for themselves, for these minerals are owned by all Muslims. No one is allowed to have concession to an individual among them, but it is permitted that they be hired by the State for a defined wage in return for operating them in mining these minerals. All that they mine of minerals will be owned as public property for all Muslims and its revenue will be placed in Bait ul-Mal of the Muslims in the section of Public Property, as Bait ul-Mal is its place of keeping though it is owned by all Muslims.
因此,用于开采可再生矿物和天然气的机器与工厂,既可以归国家所有,也可以属于公共财产;同时,它们也可以作为私人财产归个人或公司所有,国家可以向其租用。
Therefore, it is allowed for the machines and factories used for the mining of replenishable minerals and gas to be owned by the State or it may be public property, and it is allowed for them to be owned as private property by individuals or companies, from whom the State might hire them.
公共财产资产及其收益的使用方式
The Manner of Utilising the Public Property Assets and their Revenues.
由于公共财产及其收益归全体穆斯林所有,每位公民都有权享用公共财产的资产及其收益,无论他是男是女,是老是少,是善人还是恶人。
As the public property assets and their revenues are owned by all the Muslims, every citizen has the right to benefit from the assets of public property and their revenues, whether he is a man or woman, young or old, righteous or evil.
公共财产资产在利用方式上并不相同。其中一些资产公民可以直接使用自己的工具来利用，较为便利；另一些则不那么容易利用。
The public property assets are not the same in the manner of utilising them. Some of them are easy for a citizen to utilise directly with the use of his machines, and others are not as easy.
关于第一类，例如水、牧场、火、公共道路、海洋、河流、大洋、湖泊和大型运河，人可以直接、亲自从水、牧场和火中获益。因此，他可以前往水井、泉水和河流饮水，并从中取水，用来喂养他的牲畜和放牧的家畜。他可以前往牧场放牧他的牲畜和家畜，也可以前往森林采集木柴。
As for the first division, e.g. water, pasture, fire, public roads, seas, rivers, oceans, lakes and great canals, a person might benefit directly from water, pasture and fire by himself. So he can go to wells, springs and rivers in order to drink from them and carry water from them to give to his cattle and grazing livestock. He can go to grazing pastures in order to graze his cattle and livestock and go to the forests to gather wood from.
他也被允许在大河边架设机器,用以从大河中引水灌溉自己的农田和树木,只要大河宽阔到足以容纳所有人,并且架设个人机器不会损害任何穆斯林。同样,每个人都可以从公共道路、海洋、河流以及像苏伊士运河这样的公共运河中获益。因此,他有权独自或带着自己的牲畜或汽车在公共道路上行走。他也可以驾驶自己的船只和舰船在海洋、河流和公共运河中航行,因为公共道路、海洋、河流和运河足够宽阔,他既不会损害任何穆斯林,也不会限制任何人。
He is also allowed to erect a machine at the big rivers to irrigate his plantation and trees from them as long as the big rivers are wide enough for all the people, and erecting personal machines does not harm any of the Muslims. Similarly, it is for each individual to benefit from the public road, seas, rivers and general canals like the Suez Canal. So he has the right to walk in the public road by himself or with his animals or cars. He can also travel in the seas, rivers and general canals with his boats and ships, for he does not harm any Muslim nor would he restrain anyone, due to the width of the public road, seas, rivers and canals.
至于公共财产的第二类，即那些不易直接获益、需要付出艰辛、困难和开采才能利用的资产，例如石油、天然气和矿产，由国家负责监管，代表穆斯林进行开采，并将其收入存入穆斯林的公库（Bait ul-Mal）。哈里发是唯一有资格依据自己的伊jtihad（独立判断）分配其产出和收益的人，但须遵守沙里亚的规定，并依据他认为能够实现穆斯林利益的方式进行。
As for the second division of the public property assets which are not easy to benefit from directly and thus require hardship, difficulty and mining like petroleum, gas and minerals, the State is the one who supervises them and mines them on behalf of the Muslims and places their revenues in Bait ul-Mal of the Muslims. The Khalifah is the only competent person for distributing their proceeds and revenues according to his own Ijtihad, within the rules of Shar’a and according to what he sees fulfilling the interest of Muslims.
可以按以下几种形式分配公共财产的收益和所得：
It is possible to proceed in distributing the proceeds and revenues of public properties in the following forms:
首先:用于与公共财产相关的开支,即资金用于:
Firstly: To spend upon what is related to public property, so funds are spent on:
公共财产部门；其建筑、办公室、档案、研究及员工。
1. The department of Public Property; its buildings, offices, records, studies and employees.
2. 受聘从事石油、天然气和矿产的勘探、钻探研究，以及开采、加工和处理以使其适于使用的专家、顾问、技术人员和雇员；还有受聘供应水源、生产和供应电力的人员。
2. The experts, advisers, technicians and employees who are employed to study, explore and drill for petroleum, gas and minerals, and work to extract, process and treat them to make them suitable for use. And also those who are employed to supply water and produce and supply electricity.
3. 用于购置机器、工厂以及开采和炼制石油与天然气、加工、提纯和处理矿物使其适于使用所必需的运输工具的费用，以及用于制造和利用公共财产资产所必需的机器和工厂的费用。
3. For purchasing machines, factories and the necessary means of transportation so as to mine and refine petroleum and gas, to process, purify and treat minerals and make them suitable for use, and upon the machines and factories necessary to manufacture and utilise public property assets.
4. 用于抽取和泵送水的机器，以及输送水的管道。
4. The machines to extract water and pump it, and the pipes to supply it.
5. 发电机、发电站，以及其电线杆和电线。
5. The electricity generators, power stations, its poles and wires.
6. 铁路和有轨电车
6. Railroads and tramways.
这些开支都与公有财产相关，涉及其管理与维护，以便从中获益。因此，这些事务的开支应当从公有财产的收入中支出，正如征收天课（Sadaqat，义务施舍）的人员的薪酬应当从天课的钱财中支出一样。
Each of these expenditures relates to public property, its administration and treatment so as to benefit from it. Thus the expenditure upon these matters should come from the revenues of the public property, just as spending upon the collectors of Sadaqat (obligatory charity) comes from the money of Sadaqat:
“以及那些负责管理它的人” [At-Tauba: 60]
“And those employed over it” [At-Tauba: 60]
真的，安拉（SWT）为他们规定了一份天课（Sadaqat），作为他们收取天课的报酬。
Verily Allah (swt) has made for them a portion of the Sadaqat in return for their of collection it.
其次：分配给作为这些公共财产及其收益所有者的个体公民。哈里发在这种分配上没有任何特定方式的限制。他可以在公民之间分配水、电、石油和天然气等公共财产的资产，使其满足他们在家庭和市场中私人使用的需要，且不收取费用。他也可以只按成本价或市场价把这些资源卖给他们，还可以从公共财产的利润中向他们分配资金。他将依据自己认为对公民有益和有利的做法来处理这一切。
第三：如今国家的开支已变得十分庞大，因为其职责范围扩大，开支也随之增加。过去，在先知ﷺ的时代、其后的哈里发时代、倭马亚和阿拔斯王朝时期，甚至奥斯曼时期，归入公库（Bait ul-Mal）的常规收入——即吉齐亚税、哈拉吉税、乌什尔税和五分之一税——足以支付所有公共开支。然而，在生活手段及其文明形态有了巨大发展之后，尤其是战争武器已发展到令人恐惧的程度，开支因此不断增加，这些收入已不足以满足所有公共开支。因此，国家不可避免地需要另一种收入来源，以支付公库应承担的开支，无论公库中是否有资金；当公库中没有资金时，支出的义务便转移到国家身上。这些开支包括：国家各机关和部门的运行费用、统治者的薪酬、军队的供给、公务员的工资，以及为供应用水、开辟道路、兴办学校、大学、清真寺和医院等对乌玛必不可少、缺之则会受损的事业所需的费用；还有对贫困者和需要帮助者、旅途中的人、孤儿、寡妇和残疾而有需要的人的救济支出。 同样,为圣战而进行的开支、建立强大的军队,以及供应重工业所需的一切条件,以生产现代化的先进武器,包括核武器及其他武器,还有导弹、飞机、坦克、火炮和军舰。这是对祂的话的回应:“你们要为他们预备你们所能预备的力量和战马,借以威吓安拉的敌人和你们的敌人,以及你们所不知道而安拉知道的其他人。”(SWT) [Al- Anfal: 60]
Secondly: Distribution upon individual citizens who are the owners of these public properties and their revenues. The Khalifah is not restricted in this distribution in any specific manner. It is for him to distribute amongst them of the public property assets like water, electricity, petroleum and gas equal to their need for their private use in their homes and markets without price. He can as well sell it to them at a cost price only or at the market price just as he can also distribute amongst them money, out of the profits of the public properties. He would proceed in all this according to what he views as good and of benefit for the citizens. Thirdly: The state expenditures nowadays have become enormous since its responsibilities have widened and its expenditures increased. The general revenues due to Bait ul-Mal of Jizya, Kharaj, ‘Ushr and Khums may not meet all the public expenditures as was the case in the past, at the time of the Messenger (saw) the Khulafa’a after him, the days of the ‘Umayyads and Abbasids and even in the days of the Uthmanis. This is after the huge development in the means of life and its civic forms, particularly in the weapons of war which has reached a terrifying level hence calling for increase in expenditure. Therefore, it is inevitable that the state has another source of income to cover the expenditures due on Bait ul-Mal whether there are funds in it or not; the obligation to spend on matters is transferred in case there are no funds in Bait ul-Mal. This is like the expenditures of the offices and departments of the State, the compensation of the rulers, the provision of the army, salaries of the civil servants, the expenditures to supply water, open roads, establish schools, universities, mosques and hospitals which are necessary for the Ummah and she cannot do without and would suffer in case of absence. The spending upon the poor and needy, wayfarers, orphans, widows and disabled in need. Similarly is the spending upon Jihad, preparation of a strong army and supplying all the requirements of the heavy industry to produce modern developed weapons, both nuclear and otherwise as well as missiles, planes, tanks, artillery, warships. This is in response to His saying : “Prepare for them as much as you are able of force and tethered cavalry to frighten by it the enemies of Allah (swt) and your enemies, and others whom you do not know (but) Allah (swt) knows them.” [Al- Anfal: 60]
这些支出领域中的每一项都需要相当可观的收入来源，而哈里发若要承担这些支出，除以下三种方式之外别无他法。此外，还可能来自新征服地区的收入。这三种方式是：
Each of these areas of expenditure requires a considerable source of revenues in order to spend on them, and there is no way for the Khalifah to cover the expenditure upon these areas except by one of three ways. This is in addition to what may come from the new conquests. These three ways are:
1. 向外国及国际金融机构借款。
1. Borrowing from foreign countries and international financial institutions.
2. 保护石油、天然气和矿产等部分公共财产资产。
2. Protecting some of the public property assets of petroleum, gas and minerals.
3. 向乌玛征税。向外国借债。
3. Putting taxes on the Ummah. Borrowing from Foreign Countries.
关于向外国或国际金融机构借款，伊斯兰教法不允许这样做，因为此类贷款要么附带利息，要么附带强加的条件。伊斯兰教法禁止银行利息，无论其来自个人还是国家，因为附加条件会使借贷国家和机构得以控制穆斯林，使穆斯林的意志和处置权服从于借贷国家和机构的意志，而这是伊斯兰教法所禁止的。国际贷款是最危险的灾祸之一，也是Kuffar（不信道者）得以把权威强加于伊斯兰土地的原因之一；乌玛（穆斯林共同体）因这些贷款所遭受的灾难又有多少呢？因此，哈里发不得借助国际贷款来支付这些领域的开支。
As for borrowing from foreign countries or international financial institutions, it is not allowed by Shar’a because such loans would not be except with bank interest or with imposed conditions. Bank interest is prohibited by Shar’a, whether from individuals or countries, as the imposition of conditions gives the lending countries and institutions control over Muslims and makes the will of Muslims and their disposition subject to the will of the lending countries and institutions, a matter which is prohibited by Shar’a. The international loans were among the most dangerous afflictions and among the causes for imposing the authority of the Kuffar upon the Islamic lands; and how often has the Ummah suffered from the calamities of these loans? Therefore, the Khalifah is not allowed to resort to international loans to cover the expenditure on these areas.