11.1 贸易 - 伊斯兰的经济制度 | System Of Islam

11.1 贸易 - 伊斯兰的经济制度 | System Of Islam

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11.1 贸易

11.1 Trade

by Taqiuddin an-Nabhani1 min readViewed 158 times

安拉（SWT）使财产成为建立人类今世利益的手段，并允许通过贸易来获取这些利益（Masalih）。可以说，人们所需要的东西并非在每个地方都能得到，而凭借武力强夺则是一种败坏。因此，应当有一种制度，使每个人都能在不诉诸暴力与强力的情况下获得自己所需。贸易正是这样一种制度，而买卖也有其规则。安拉（SWT）说：

Allah (swt) made the property a means to establish the interests of human beings in this Dunya (worldly life) and He (swt) allowed trading as a way to gain these interests (Masalih). It is true to say that what everybody wants is not available in every location and that taking something by force and overpowering is corrupt. Thus, there should be a system that enables everybody to take that which He needs without resorting to force and strength. Trading is that system, and there are rules of selling. Allah (swt) says,

“噢，信道的人们！你们不要以虚伪的方式彼此侵吞财产，除非是双方同意的交易。”[奴萨俄：29]交易分为两种：一种是被允许的（哈拉尔），在沙里尔法中称为买卖（Bai'a）；另一种是被禁止的（哈拉姆），称为高利贷（Riba）。这两者都属于交易。真主告诉我们，那些不信道者以理性否认交易与高利贷之间存在差别。真主（SWT）说：

“O you who believe! Squander not your wealth among yourselves in vanity, except it may be a trade by mutual consent.” [An-Nisa: 29]. Trading is of two types; that which is allowed (Halal) and is called selling (Bai’a) in Shar’a and that which is forbidden (Haram) and is called usury (Riba). Each of these is trading. Allah has informed us about the disbelievers that they rejected rationally the (existence of a) difference between trading and usury. Allah (swt) says:

“鉴于安拉允许买卖，禁止高利贷。”［黄牛章：275］我们由此理解到，二者都属于贸易，而伊斯兰教法所允许的是买卖。买卖的达成需要双方：一方提出要约（伊贾卜），另一方予以承诺（盖布鲁）。这些通过“我卖了”和“我买了”之类的用语来表达，或通过任何具有这些含义的言辞或行为来表达。商品的所有者有权进行买卖，也有权委托他人作为代理人或使者代其完成交易。他也可以雇用一人代其进行买卖，但条件是须明确约定报酬。如果他将某人的报酬定为部分利润，那么此人便成为隐名合伙人，并适用合伙人而非雇员的规定。他也可以亲自或通过其代理人、代表购买财产，或雇用他人为其购买。总之，贸易是被允许的。它是增加所有权的一种方式，这在买卖法和合伙（公司）法中有所体现。贸易见于《古兰经》和圣训之中。安拉（SWT）说：

“Whereas Allah permitted selling and prohibited usury.” [Al-Baqarah: 275] We understood from this that each of them is trading, and the one which is permitted by Shar’a is selling. The selling process is concluded by two parties. One of them gives the offer (Ijab) and the other accepts (Qabool). These are expressed with the word “I sold” and “I bought” or any words or action which hold these meanings. The owner of the commodity has the right to carry out the selling and to deputise somebody as an agent or as a Messenger to execute the selling on his behalf. He is allowed also to employ a person to perform the selling on his behalf, on condition that his wage is defined. If He employed someone for part of the profit He would be a silent partner, and the rule of the partner rather than the employee will be applied upon him. He is also allowed to buy the property himself or through his agent, his representative or to hire a person who will buy for him. In summary, trading is allowed. It is a form of increasing the ownership, and it is evident in the laws of selling and company (partnership). Trading came in the Qur’an and the Hadith. Allah (swt) said:

Rifa'a 叙述说，他与安拉的使者（愿主福安之）一同前往礼拜场所，看见人们在做买卖。安拉的使者（愿主福安之）说："商人们啊！"商人们回应安拉的使者（愿主福安之），伸长脖子、转过目光望向他。他（愿主福安之）说："商人们在审判日将以罪人（fujjar）的身份复活，除非是那些虔诚且诚实的人。" 提尔米兹（Al-Tirmidhi）记载，Abu Sa'id 叙述说，安拉的使者（愿主福安之）说："诚实可靠的商人将与众先知、正直者和殉道者一同复活。" 贸易分为两种：国内贸易和对外贸易。国内贸易是民众之间就商品进行的买卖，这些商品可以是他们自己的产品，无论是农产品还是工业产品，也可以是他人的产品，只要在本国境内流通。国内贸易在没有限制的情况下是被允许的，但与买卖相关的规则除外。至于商品的种类、它们在国内各地之间的转运，则由每位商人在伊斯兰教法（Shar'a）的规范内自行经营。国家对国内贸易除监督外无需干预。至于对外贸易，即从国外购买商品，无论这些商品是农产品还是工业产品。这种贸易受国家的直接监管，因此国家直接监督这些商品的进出口，并监督交战国的商人和与其有条约关系的和平商人。

Rifa’a narrated that He went out with the Messenger of Allah (pbuh) to the prayer place and He saw the people trading. The Messenger of Allah (pbuh) said, “O traders!” They responded to the Messenger of Allah (pbuh) and raised their necks and eyes towards him. He (pbuh) said, “Traders will be resurrected on the Day of Judgement as fujjar (wrongdoers) except those who were righteous and honest.” Al-Tirmidhi reported that Abu Sa’id narrated that the Messenger of Allah (pbuh) said: “The honest trustworthy merchant will be resurrected with the prophets, righteous and the martyrs.” Trading is of two types, domestic and foreign. Domestic trading is the selling and buying which occurs among the people over commodities, whether they are of their own products, agricultural or industrial, or of other peoples products, where they are circulated in their own country. Domestic trading is allowed without constraints, except by those rules connected with selling. With regard to the commodities, their types, and their transfer inside the country from place to place, it is left to every merchant to trade within the rules of Shar’a. The State has nothing to do with the domestic trading except through supervision only. Regarding foreign trade, it is the purchase of commodities from abroad, whether such commodities were agricultural or industrial. This type of trading is subject to the direct supervision of the State, so it directly supervises the import and export of these commodities and supervises the belligerent and peaceful (those bound by treaties) merchants.