14.2 利息与高利贷（里巴） - 伊斯兰的经济制度 | System Of Islam

14.2 利息与高利贷（里巴） - 伊斯兰的经济制度 | System Of Islam

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14.2 利息与高利贷（里巴）

14.2 InterestUsury (Riba)

by Taqiuddin an-Nabhani2 min readViewed 165 times

沙里亚绝对禁止高利贷，无论其比例高低。高利贷所得无疑是哈拉姆（禁止的），任何人都无权拥有，若能查明原主，则必须归还给他们。真主（SWT）说：

Shar’a prohibited usury absolutely, regardless of its percentage, whether it was high or low. The usury gain is definitely Haram; nobody has the right to own it, and it has to be returned to its original owners if they were known. Allah (swt) said:

“那些吞食利息（里巴）的人，只会像被撒旦以触摸使之癫狂的人那样站立。那是因为他们说：买卖与里巴一样。而真主允许买卖，禁止里巴。凡接到主的劝诫而停止（遵从）的人，他已往所得归他所有，他的事由真主裁决。至于再犯的人，这些人是火狱的居民，他们将永居其中。”[黄牛章：275] 且（真主）说：

“Those who devour (take) interest (riba) cannot stand except as the one whom the Satan, by (his) touch, drives Him to madness. That is because they say: Trade is just like riba, whereas Allah permitted trade and forbade riba. The one to whom an admonition from his Lord comes and He refrains (in obedience thereto), He shall keep (the profits of) that which is past, and his affair (henceforth) is with Allah. As for Him who returns (to usury), such are rightful owners of the fire. They will abide therein eternally.” [Al-Baqarah: 275] And He (swt) said:

“信道的人啊！你们应当敬畏真主，放弃尚未收取的利息，如果你们是信士的话。如果你们不这样做，那么你们就当知道，真主和使者将向你们宣战。如果你们悔罪，你们仍可取回本金，不致不义，也不被人不义。”{《黄牛》：278-279}

“O you who believe! Observe your duty to Allah, and give up what remains of your demands for usury, if you are (in truth) believers. And if you do not, then take notice of war (against you) from Allah and His Messenger. And if you repent then you have your capital (without interest). Deal not unjustly, nor be dealt with unjustly.” [Al-Baqarah: 278-279].

实际上，高利贷的真正实质在于：放贷人所取得的利息，是对他人劳动成果的剥削，是在没有付出任何劳动的情况下获得的报酬；而且，被收取高利的资金是有固定利息保障、不承担任何损失的，这与“盈利必伴随风险”的普遍原则相悖。因此，在符合其条件的前提下，以合伙（Sharika）、穆达拉巴（Mudharaba）和分成租种（Muzara'a）等方式进行的投资是允许的，因为这些方式惠及社会，不剥削他人的劳动，反而成为人们借以从自身劳动中获益的途径；而且这种投资既有盈利的可能，也有亏损的可能，这与高利贷截然不同。然而，禁止高利贷是依据经文作出的规定，并未附有理由说明；先知穆罕默德ﷺ的圣训则解释了哪些商品中禁止高利贷（无论是增加还是减少）。尽管如此，人们可能会想到：拥有财产的人会把财产留给自己，未必慷慨到借给有需要的人以满足其所需。这种需要会压迫贫困者，因此应当有办法来满足这种需要。况且，如今的需求已变得繁多而多样，高利贷已成为商业、农业和工业的基础。因此，银行得以设立以经营高利贷业务；正如满足需求除了高利贷者之外别无他途一样，除了银行之外也别无他途。

The true reality of usury is that the interest which the usurer takes is an exploitation of the effort of the people, and it is a recompense without spending any effort; and because the money on which usury is taken is of secured interest, not subject to any loss, is a matter which disagrees with the general rule which states: ‘Loss goes with the gain.’ Therefore, investing the property by partnership, Mudharaba and sharecropping within their conditions is allowed as the community benefits from them and the effort of other people is not exploited, but they are rather a means which enables them to benefit from their own effort, and this investment is subject to loss as it is subject to profit, a matter which is different than usury. However, prohibiting the usury was by the text, which was not reasoned, and the Ahadith of the Messenger of Allah (pbuh) explained the commodities in which usury (increase or decrease) is prohibited. Anyhow, it may occur to the mind that the person who possesses a property will keep it for himself, and He may not be generous enough to lend it to the needy in order to meet their needs. Such need will press on the needy person, so there should be a means to meet such need. Moreover, the needs, nowadays, have become numerous and varied, and usury became the foundation of trading, agriculture and industry. Therefore, banks were established to deal with usury, and there is no way other than them as there is no way other than usurers to meet the needs.

当前的经济制度必须彻底改变，并以伊斯兰经济制度予以彻底、根本的取代。如果废除这一制度而实行伊斯兰制度，那么人们会看到，在实行伊斯兰教的社会中，高利贷似乎并无必要，因为需要借贷的人，要么是为了生计，要么是为了耕种。对于第一种需要，伊斯兰通过保障每一位公民的生活来满足；至于第二种需要，伊斯兰则通过无息地借贷给有需要的人来满足。伊本·罕拜勒·伊本·希班记载，伊本·麦斯欧德说，安拉的使者ﷺ曾说：“任何穆斯林若两次借钱给另一位穆斯林，就等同于施舍了一次。”借钱给有需要的人是值得鼓励的，借贷也并不被厌恶，甚至是可取的，因为安拉的使者ﷺ也曾借贷。既然借贷存在，而且无论对借方还是贷方都是可取的，那么便可清楚地看出，高利贷是对经济生活最严重的危害之一。显然，有必要通过立法和引导，依照伊斯兰制度消除高利贷，并在它与社会之间筑起牢固的屏障。

The current economic system has to be changed completely and to be replaced, radically and completely, by the Islamic system of economics. If this system was removed and the Islamic system was applied, then it will appear to the people that in the society in which Islam is applied, usury does not appear to be necessary, because the one who needs to borrow, needs that for either living or farming. In regard to the first need, Islam meets it by securing the livelihood for every citizen. As for the second need, Islam meets that by lending to the needy without usury. Ibn Hibban narrated from Ibn Mas’oud that He said that the Messenger of Allah (pbuh) said: “Any Muslim who lends (to) another Muslim twice, surely it would be counted as one charity.” Lending to the needy is recommended and borrowing is not disliked, it is rather recommended because the Messenger of Allah (pbuh) used to borrow. And since borrowing exists, and it is recommended for the borrower and the lender, then it became apparent that usury is one of the most severe harms to economic life. It rather became obvious that it is necessary to eliminate usury and to establish thick barriers between it and the society by legislation and direction in accordance with the system of Islam.

如果高利贷被消除，那么今天存在的银行就没有必要存在了。在确认能够从财产中获益之后，天库（Bait ul-Mal，即国库基金）将是唯一一个无息放贷财产的机构。'Umar ibn al Khattab（欧麦尔·本·哈塔卜）曾把天库的财产给予伊拉克的农民，让他们用于耕种土地。伸张的律例（Hukm Shar'i）规定，天库的财产应当给予农民，帮助他们耕种土地，直到收获庄稼为止。Imam Abu Yusuf（伊玛目艾布·优素福）说："贫困者可以从天库获得一笔财产作为借贷，用以在自己的土地上劳作。"既然天库向农民借贷用于农业，它同样也会借贷给其他人，比如从事个人工作的工匠，或是他们为维持自身生计所需要的物品。欧麦尔之所以给予农民，是因为他们为了维持自己的生计而有所需要；因此，富裕的农民不会从天库获得任何东西来增加他们的产量。通过类比农民，其他与他们处境相似、需要维持自身生计的人也会得到供给。安拉的使者ﷺ曾给过一个人一条绳子和一把斧头，让他去砍柴以谋取食物。然而，避免高利贷并不取决于伊斯兰社会的存在、伊斯兰国家的存在，或放贷财产者的存在，相反，高利贷是哈拉姆（被禁止的），无论是否存在伊斯兰国家，无论是否存在伊斯兰社会，无论是否有人放贷财产，都必须避免。

If usury was eliminated then there would be no need for the banks, which exist today. The Bait ul-Mal (treasury fund) will remain the only lender of property without interest after ascertaining the possibility of benefiting from the property. ’Umar ibn al Khattab gave the farmers in Iraq properties from the Bait ul-Mal to (help them) use their land’. The divine law (Hukm Shar’i) states that the farmers are given from the Bait ul- Mal properties which help them to use their land, until the crops are collected. Imam Abu Yusuf said: ‘The needy is given a property as a loan from the Bait ul-Mal which He needs in order to work in his land.’ As the Bait ul-Mal lends to farmers for agriculture, it lends to others like the craftsmen who carry out individual work or things they may need to maintain themselves. ’Umar gave to the farmers because they were in need to meet their own livelihood; so the rich farmers would not be given anything from the Bait ul-Mal to increase their production. By analogy with farmers, any other people similar to them in need for meeting their own livelihood are provided for. The Messenger of Allah (pbuh) gave a man a rope and an axe to cut wood for gaining his food. However, avoiding usury is not subject to the existence of the Islamic society, or the existence of the Islamic State, or the existence of the one who lends the property, rather usury is Haram and it must be avoided whether there is an Islamic State or not, and whether there is an Islamic society or not, or there are those who lend property or not.