14.6 价格操纵
14.6 Price-Fixing
真主(SWT)赋予每个人按照自己意愿定价出售其商品的权利。伊本·马哲在圣训集中记载,艾布·赛义德说:真主的使者ﷺ说:“买卖须出于双方的自愿。”然而,由于国家(政府)有可能强迫民众接受某种价格,真主(SWT)禁止为商品规定固定价格,并强迫人们按此价格进行交易(买卖);因此,禁止定价。
Allah (swt) has left to everybody the right to sell his commodity at the price He likes. Ibn Majah has narrated from Abu S’aid, that He said, the Messenger of Allah (pbuh) said: “Selling (trading) is by consent.” But because it is possible that the State (government) may force pricing over the people, Allah (swt) prohibited it to set certain prices for commodities and then force people to trade (selling and buying) according to them; therefore, price-fixing was prohibited.
价格管制是指统治者、其代理人,或任何在穆斯林中握有权力的人,命令商人不得以高于或低于规定价格的价格出售商品。这样,商人既不能抬高价格,也不能以低于规定的价格交易以与他人竞争。也就是说,为了公众利益(Maslaha),人们被禁止随意提高或降低既定价格。这意味着国家干预物价,为某些商品或部分商品规定价格,并禁止任何人以高于或低于该固定价格出售,因为国家认为这符合公共利益。 伊斯兰教绝对禁止定价,依据是伊玛目艾哈迈德从安as传述的一段圣训,安as说:“先知(ﷺ)在世时物价上涨,人们说:‘真主的使者啊,我们希望您能为我们定价(规定价格)。’他(ﷺ)说:‘真主确实是创造者、掌控者(Qabidh)、慷慨施予者(Basit)、供给者(Raziq),也是定价者。我希望我见到真主时,没有任何人因我对他所做的不义之事而向我申诉,无论是关于血债还是财产。’”另外,艾布·达五德从艾布·胡莱赖传述,他说:“有一个人来说:‘真主的使者啊,请为物价定价。’他(ﷺ)说:‘实际上是真主使其降低,也是真主使其升高。’” 这些圣训表明,定价是被禁止的,是一种不义行为,人们可以向统治者申诉以加以制止。如果统治者自己进行定价,他在真主(SWT)面前就是有罪的,因为这是一种被禁止(Haram)的行为。每一位公民都有权向不义行为申诉法庭(Mahkamat Al-Madhalim)控告进行定价的统治者,无论他是省长(Wali)还是哈里发。公民可以向该法庭申诉此事,请求其裁决并消除这种不义行为(Madhlama)。
Price-fixing is where the ruler or his deputies or anyone who holds any authority upon the Muslims orders the traders (merchants) not to sell commodities except with a specified price. Thus they are prevented from increasing the prices so they do not raise them up, nor are they allowed to trade with less than these prices so that they do not compete with others. That is to say, they are prevented from increasing or decreasing the stated price for the peoples’ interest (Maslaha). This means that the State intervenes in the prices and puts certain prices for the commodities or for some of them, and prevents anybody from selling with higher or lower than the fixed price, as it considers this to be for the public interest. Islam prohibited pricing absolutely, due to what Imam Ahmad narrated from Anas who said: “Prices increased at the time of the Messenger of Allah (pbuh), so they said, O Messenger of Allah, we wish would you price (fix the prices). He (pbuh) said: “Indeed Allah is the Creator, the holder (Qabidh), the Open-handed (Basit), the Provider (Raziq), the Pricer (who fixes prices); and I wish I will meet Allah and nobody demands (complains) of me for unjust act I did against him, neither in blood or property.” Also Abu Dawud narrated from Abu Huraira, He said, “A man came and said, O Messenger of Allah, fix prices. He (pbuh) said: “Rather Allah reduces and increases.” These Ahadith indicate that pricing is prohibited and is an unjust act against which a complaint is made to the ruler to remove it. And if the ruler himself did pricing He would be sinful in the sight of Allah (swt), because it is a prohibited (Haram) act. Every person of the citizens would have the right to complain to the Court of the Unjust Acts (Mahkamat Al-Madhalim) against the ruler who makes pricing, whether He was a governor (Wali) or Khalifah. He complains to this court about this act in order to judge against Him and remove this unjust act (Madhlama).