32. Bribery

أعوذ بالله من الشيطان الرجيم

بسم الله الرحمن الرحيم

Allah Most High says,

{And do not eat up your property among yourselves for vanities, nor use it as a bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people’s property.} (Al-Baqarah: 188)

Muslims are prohibited to bribe a judge or a public officer to unfairly obtain a decision in favor of one’s self against a rival or to unlawfully consume the property of others while they are aware of the prohibition of this act.

On the authority of Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (pbuh) said,

“Allah’s curse is on the one who offers the bribe and on the judge who accepts it.” (Tirmidhi)

On the authority of ‘Abdullah Ibn ‘Amr (may Allah be pleased with him) that,

“The Messenger of Allah (pbuh) cursed the one who offers the bribe and the one who receives it.” (Tirmidhi)

However, the Muslim scholars affirm that bribery is prohibited when it is aimed at consuming other’s property or rights unfairly. Thus, if someone finds himself in a situation in which all avenues of redressing a wrong done him, or recovering a right which has been forfeited, are blocked except through the payment of a bribe, the sin of it will not be on him but on the recipient of the bribe.

Another narration of the hadith explains that

“The Messenger of Allah (pbuh) cursed also the one who arranges for the payment of a bribe. ”

Furthermore, what is mentioned above concerning the ruling of the one who offers a bribe applies to the one who arranges it, i.e., if it is aimed at obtaining fair ends, he would be sinless; and vice versa.

Gifts to officials are a form of bribery. Abu Umamah Al-Bahli (may Allah be pleased with him) said that the Messenger of Allah (pbuh) said,

“Whoever intercedes on behalf of his brother and therefore he offers him a gift, it would be nothing other than a grievous usury.” (Abu Dawud)

Ibn Mas’ud (may Allah be pleased with him) said, “To accept a gift from your brother because of fulfilling his need is the precise meaning of consuming the forbidden things.”

Once Masruq asked Ibn Zyad to assist him in removing a wrong inflicted upon him. Having assisted him, Masruq offered Ibn Zyad a slave as a gift. Zyad, on his part, rejected the gift saying, “I have heard Ibn Mas’ud say, ‘Forbidden is the gift offered because of removing a wrong from a Muslim. “He wondered, “O Abu’ Abd Al-Rahman! Is not bribery restricted to offering a bribe to judges!” He replied, “This latter is a form of Shirk (association).” (Al-Haithami in Majama’ Al-Zawa’id)

Once, a Christian man came to Imam Abi ‘Amr Al-Awza’i (may Allah bestow mercy on him), who was living in Beirut, complaining of the ruler of Ba’labak and asking him to send to the ruler ordering him to stop from doing wrong to the Christian man. However, the Christian man brought with him a bottle of honey as a gift to Abi ‘Amr. Therefore, Abi ‘Amr commented, “If you wish I would refuse your gift and send to the ruler of Ba’labak ordering him to stop from oppressing you; and if you wish I would accept your gift. Imam’ Abi ‘Amr send to the ruler of Ba’labak to reduce the amount of Kharaj (land-tax) from the Christian. Consequently, the Christian took the letter and his bottle of honey and traveled to the ruler of Ba’labak. Having read the letter of Abi ‘ Amr, the ruler reduced 30 Dirhams from Kharaj of the Christian man.