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Friday, April 24, 2015

Bribe



Though the bribe is small, by receiving it the fault is great. Great nations are often destroyed by greedy rulers and bribery. Everything has its own time, its own season, and its own reasons for coming or going. You cannot bribe it or coerce it into leaving or staying. Receiving or taking bribery is a major sin.

"And do not consume one another's wealth unjustly or send it (in bribery) to the rulers in order that they might aid you to consume a portion of the wealth of the people in sin, while you know it is unlawful."


"Dan janganlah kamu makan (atau mengambil) harta (orang-orang lain) di antara kamu dengan jalan yang salah, dan jangan pula kamu menghulurkan harta kamu (memberi rasuah) kepada hakim-hakim kerana hendak memakan (atau mengambil) sebahagian dari harta manusia dengan (berbuat) dosa, padahal kamu mengetahui (salahnya)."

(QS 2:188)

Although bribery is haram in Islam, scholars have said in some condition, it is permissible for a person to give a bribe, but it is haram for the other person/official who takes it, in two conditions:

1- You should be giving it in order to take your rights or to ward off harm from yourself. But if you are giving it in order to take something to which you are not entitled, then it is haram and is a major sin.

2- There should be no other means of obtaining your rights or warding off harm from yourself accept this bribe.

(Imam al-Suyooti said in al-Ashbaah wa’l-Nazaa’ir - p. 150)

The scholars said: If bribery is given in order to attain one’s right, then the prohibition applies to the one who takes it. But if the one who gives it cannot attain his rights except by this method, then it is permissible, but if he can attain his rights without it, then it is not permissible. It is permissible for the giver to give whatever will enable him to take his rights or ward off mistreatment. (Majmoo’ al-Fataawa - 20/252)







Wallahu'alam

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