1. What does Islam say about bribery?
Let us look at what Allah Almighty said in the Noble Quran:
"And do not eat up Your property among yourselves For vanities, nor use it As bait for the judges, With intent that ye may Eat up wrongfully and knowingly A little of (other) people's property. (The Noble Quran, 2:188)"
Even though the exact term "bribe" or "bribery" (rashwa in Arabic) didn't exist 1400 years ago in the Arabic language, but this Noble Verse is sufficient enough to cover this topic.
As we clearly see from the above Noble Verse, Allah Almighty prohibited us from using our property or money (as we call it today) as a "bait" to "eat up wrongfully and knowingly" what doesn't belong to us, or what we don't deserve.
What Allah Almighty talked about in the Noble Verse above is exactly what we refer to as "bribery" today.
Now if you use these verses & their meaning out of context, it will be basically Biddah, an innovation. 2:188 clearly restricts the term "bribery" only in relation to Judges & public officials & to gains attained wrongfully, either a judgment in your favor or to eat up others property by offering bribes, or to harass someone etc.
In Quran, it is NOT used in a general context, nor prohibits getting back what is yours in the first place.
2. Dear Scholar! I know that offering or accepting a bribe is forbidden in Islam. But, what about the situation when I cannot gain my right or avoid being subject to injustice except through bribery. I have a business from which I earn my living and support my family. Now, I am threatened that the business will be closed for nothing. If I bribe the persons in charge, they will leave me and do not close the business. What do you think?
A. Dear brother in Islam, thanks a lot for your question which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to people of knowledge to get themselves well-acquainted with the teachings of Islam as well as all aspects of life.
Indeed, the negative effects of bribery are not restricted to the parties involved only; rather, they expand and undermine the very bases of the society. Thus, it is no strange that Islam vehemently denounces it and considers it among the crimes that entail Allah’s curse.
However, if one is subjected to injustice, and finds no means to ward off such injustice except through bribery, he can do so. The sin in this case will be on the part of the person who accepts the bribe.
3. It is permissible to pay a bribe if a person cannot attain his rights in any other way. But in that case it is haraam for the one who takes it but not the one who gives it.
Ibn Hazm (may Allah have mercy on him) said: Bribes are not permissible. A bribe is what a man gives so that a judgment will be passed in his favour unjustly, or so that he will be appointed to a position of authority, or so that a person will be mistreated for him. This is a sin for the one who gives it and the one who takes it.
But if a person has been deprived of his rights and he gives a bribe so as to ward off mistreatment from himself, this is permissible for the one who gives it but it is a sin for the one who takes it.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: If he gives him a gift so that he will refrain from wronging him or so that he will give him his rights, this gift is haraam for the one who takes it, but it is permissible for the giver to give it to him, as the Prophet (peace and blessings of Allah be upon him) said: “I give a gift to one of them and he will depart, carrying it under his armpit like fire.” It was said: O Messenger of Allah, why do you give them gifts? He said: “They insist on asking and Allah insists that I should not be stingy.” Giving to these people is permissible for the giver, but it is haraam for the taker to take it.
With regard to giving a gift in the case of intercession, such as if a man intercedes for someone with a person who is in authority in order to relieve him of wrongdoing or to help him get his rights, or to help him get a position for which he is qualified, or to help him enlist in the army when he is qualified for that, or to get him some money that is given as a waqf for the poor, fuqaha’, Qur’aan readers or worshippers, and he is entitled to it, and other kinds of intercession which help in doing an obligatory action or avoiding a haraam deed – in these cases too it is not permissible to accept a gift, but it is permissible for the giver to give that which will help him to attain his rights or ward off mistreatment. This is what is narrated from the salaf and the greatest imams.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: As for bribes by means of which a person attains his rights, such as when he cannot attain his rights except by paying some money, this is haraam for the one who takes it but it is not haraam for the one who gives it, because the giver is only giving it in order to get his rights, but the taker who takes the bribe is sinning because he has taken something that he does not deserve.
And Allah swt knows best.
Let us look at what Allah Almighty said in the Noble Quran:
"And do not eat up Your property among yourselves For vanities, nor use it As bait for the judges, With intent that ye may Eat up wrongfully and knowingly A little of (other) people's property. (The Noble Quran, 2:188)"
Even though the exact term "bribe" or "bribery" (rashwa in Arabic) didn't exist 1400 years ago in the Arabic language, but this Noble Verse is sufficient enough to cover this topic.
As we clearly see from the above Noble Verse, Allah Almighty prohibited us from using our property or money (as we call it today) as a "bait" to "eat up wrongfully and knowingly" what doesn't belong to us, or what we don't deserve.
What Allah Almighty talked about in the Noble Verse above is exactly what we refer to as "bribery" today.
Now if you use these verses & their meaning out of context, it will be basically Biddah, an innovation. 2:188 clearly restricts the term "bribery" only in relation to Judges & public officials & to gains attained wrongfully, either a judgment in your favor or to eat up others property by offering bribes, or to harass someone etc.
In Quran, it is NOT used in a general context, nor prohibits getting back what is yours in the first place.
2. Dear Scholar! I know that offering or accepting a bribe is forbidden in Islam. But, what about the situation when I cannot gain my right or avoid being subject to injustice except through bribery. I have a business from which I earn my living and support my family. Now, I am threatened that the business will be closed for nothing. If I bribe the persons in charge, they will leave me and do not close the business. What do you think?
A. Dear brother in Islam, thanks a lot for your question which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to people of knowledge to get themselves well-acquainted with the teachings of Islam as well as all aspects of life.
Indeed, the negative effects of bribery are not restricted to the parties involved only; rather, they expand and undermine the very bases of the society. Thus, it is no strange that Islam vehemently denounces it and considers it among the crimes that entail Allah’s curse.
However, if one is subjected to injustice, and finds no means to ward off such injustice except through bribery, he can do so. The sin in this case will be on the part of the person who accepts the bribe.
3. It is permissible to pay a bribe if a person cannot attain his rights in any other way. But in that case it is haraam for the one who takes it but not the one who gives it.
Ibn Hazm (may Allah have mercy on him) said: Bribes are not permissible. A bribe is what a man gives so that a judgment will be passed in his favour unjustly, or so that he will be appointed to a position of authority, or so that a person will be mistreated for him. This is a sin for the one who gives it and the one who takes it.
But if a person has been deprived of his rights and he gives a bribe so as to ward off mistreatment from himself, this is permissible for the one who gives it but it is a sin for the one who takes it.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: If he gives him a gift so that he will refrain from wronging him or so that he will give him his rights, this gift is haraam for the one who takes it, but it is permissible for the giver to give it to him, as the Prophet (peace and blessings of Allah be upon him) said: “I give a gift to one of them and he will depart, carrying it under his armpit like fire.” It was said: O Messenger of Allah, why do you give them gifts? He said: “They insist on asking and Allah insists that I should not be stingy.” Giving to these people is permissible for the giver, but it is haraam for the taker to take it.
With regard to giving a gift in the case of intercession, such as if a man intercedes for someone with a person who is in authority in order to relieve him of wrongdoing or to help him get his rights, or to help him get a position for which he is qualified, or to help him enlist in the army when he is qualified for that, or to get him some money that is given as a waqf for the poor, fuqaha’, Qur’aan readers or worshippers, and he is entitled to it, and other kinds of intercession which help in doing an obligatory action or avoiding a haraam deed – in these cases too it is not permissible to accept a gift, but it is permissible for the giver to give that which will help him to attain his rights or ward off mistreatment. This is what is narrated from the salaf and the greatest imams.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: As for bribes by means of which a person attains his rights, such as when he cannot attain his rights except by paying some money, this is haraam for the one who takes it but it is not haraam for the one who gives it, because the giver is only giving it in order to get his rights, but the taker who takes the bribe is sinning because he has taken something that he does not deserve.
And Allah swt knows best.
No comments:
Post a Comment