8.1 国家将其财产赋予公民的部分
8.1 That which the State gives of its Properties to the Citizens
另一种财产所有权的方式是:国家从公库(Bait ul-Mal)中把财产分配给公民,以满足他们的需要,或借其所有权使社会整体受益。就满足需要而言,国家授予他们财产,使其用来耕种土地或偿还债务。欧麦尔·本·哈塔卜曾从公库中把财产给予伊拉克的农民,使他们借此在土地上耕种,并满足自身需要,而无需偿还。沙里尔(Shar'a)为负债者在天课财产中确立了一项权利:若他们无力偿还债务,便从中给予他们,用以偿还债务。安拉(SWT)说:
Another means of property ownership is that property which the State gives from the Bait ul-Mal properties to the citizens in order to meet their needs or to benefit the community by their ownership. With regard to the meeting of their needs, the State grants them properties with which they cultivate lands or repay their debts. ’Umar bin Al-Khattab gave properties from the Bait ul-Mal to the farmers in Iraq, by which He helped them to plant on this land and to meet their needs without being reimbursed from them. Shar’a made for the debtors a right in the Zakat property, from which they are given to repay their debts if they were unable to do so. Allah (swt) said:
“以及负债者。”[《忏悔》:60]
“and the debtors.” [At-Tauba: 60],
关于通过个人财产造福社会,这种情况发生在国家将其闲置财产授予公民之时,例如国家把无主之地赐予他们。正如先知ﷺ在迁往麦地那时赐给艾布·伯克尔和欧麦尔一些土地,先知ﷺ还赐给祖拜尔一大片位于Naqee'a的荒地,面积以他的马能跑完的范围为限,先知ﷺ也赐给他一块有树木和棕榈树的土地。同样,先知ﷺ之后的正统哈里发们也将土地赐予穆斯林。国家授予此人的这块土地,经由这一授予便成为他的财产。因为社会需要这类财产带来的益处,需要促使个人利用这份财产,并通过其所有权把他的脑力和体力投入到造福社会的事业中。这里使用的"授予"(Iqta'a)一词具有语言学和法学上的含义,它与人们所熟知的封建"Iqta'a"制度毫无关系,伊斯兰从未承认过那种制度。
With regards to benefiting the community from the individual property, this occurs when the State grants to its citizens from its unused properties, such as the State giving land, which has no owner. As the Prophet (pbuh) did when He gave Abu Bakr and ’Umar some land when He (pbuh) emigrated to Madinah. He (pbuh) also gave Az-Zubair a wide area of dead land of al-Naqee’a, as much as his horse could run in, and He (pbuh) also gave Him land which had trees and palms. Similarly the rightly guided Khulafaa after Him gave lands to the Muslims. This land which the State gives to the person becomes his property through this granting. For the community is in need of the benefit of this property, of facilitating the individual to utilise this property, and of employing his mental and physical efforts for the benefit of the community by means of its ownership. This term of granting (Iqta’a) used here is lingistic and jurist one, and it has no relation with the known feudal (Iqta’a) system which Islam never acknowledged.
从战利品中,国家分配给战士的部分,以及伊玛目允许他们持有的战利品,同样属于国家赋予个人所有的例子。
What the State distributes amongst the warriors from the booties, and what the Imam allows them to hold of the war spoils are also examples of what the State grants to the individuals for them to own.