3.3 所有权的含义
3.3 The Meaning of Ownership
个人所有权是个人依法享有的一项权利,即个人有权占有动产和不动产。这项权利受立法和文化的保护与界定。所有权除了是由沙里亚(Shar'a)确定的具有货币(财务)价值的利益之外,还表明个人对其所拥有的财物拥有支配权。他可以像支配自己的自主行为那样处置这些财物。因此,所有权是在真主(SWT)的命令与禁令的范围之内界定的。
The right of individual ownership is a legal right of the individual who has the right to possess movable and immovable assets. This right is protected and determined by legislation and culturing. The right of ownership, besides being an interest of monetary (financial) value determined by Shar’a, indicates that the individual has control over what He possesses. He may dispose of it in the same way that He has control over his optional actions. The right of ownership is thus determined within the limits of the commands and prohibitions of Allah (swt).
所有权的界定,明显体现在用以确定产权归属的合法占有方式之中,也体现在哪些情形可以适用刑罚、哪些不可适用的问题上。例如盗窃的定义、抢劫的定义以及非法夺取的定义。这种界定也体现在所有权的处分权利上:有些处分情形是被允许的,有些则是被禁止的;同时体现在对这些情形的界定以及其具体事例的表现之中。伊斯兰确定所有权时,并不以数量为依据,而是以取得的方式为依据,具体体现在以下几个方面:
The determination of ownership is evident in the legal means of possession by which the right of ownership is decided, and in the cases to which punishments may or may not be applicable. Examples of this are the definition of theft, the definition of robbery and the definition of illegal seizure. This determination is also evident in the right of disposal of the ownership, where some cases of disposal are allowed, and some other cases are prohibited, and in the definition of these cases and the manifestation of their incidents. When Islam determines ownership it does not determine it by quantity but rather by its manner as shown in the following matters: