corrupt and doomed to destruction. Man undertook the Trust that was
offered to the heavens and the earth but they refused to bear it.
Hence, it is obligatory on man to observe this Trust in the most
perfect way that is required of him in order to win the pleasure of
Allaah The Almighty and reform society.
However, if the Trust is lost, it results in the corruption of the
society and it becomes disordered and disunited. To preserve this
trust, Allaah The Almighty forbids His slaves from doing anything that
could lead toits loss or decrease. Hence, AllaahThe Almighty has
prohibited bribery, which is spending moneyso as to reach something
that is unlawful, either through giving the briber what he is not
entitledto have or exempting him from what is obligatory on him.
Allaah The Almighty Says )what means(:
•}And do not consume one another's wealth unjustly or sendit ]in
bribery[ to the rulers in order that ]they might aid[ you]to[ consume
a portion of the wealth of the people in sin, whileyou know ]it is
unlawful[{]Quran 2:188[
•}Devourers of ]what is[ unlawful.{]Quran 5:42[ in the context of
dispraising the Jews.
There is no doubt that bribery is unlawful as Ibn Mas'oodsaid in his
commentary on the aforementioned verse.
Bribery is a Grave Major Sin
Some scholars consider bribery tobe a grave major sin, especially if
paid to affect the judgment of a person in a position of trust. This
is supported by a Hadeeth on the authority of 'Abdullaah ibn 'Amrwho
said, "The Messenger of Allaahcursed both the briber and the bribed
person."]At-Tirmithi[ This Hadeeth indicates that bribery is a grave
major sin because it is known that only grave sins and evildoings
deserve to be cursed.
Aspects of Bribery
Nowadays, bribery prevails in many sectors of numerous societies, to
the extent that thereis almost no area of life that is free from
bribery, especially in third world countries. There is bribery in
judgment such that thejudge takes the side of the undeserving or
prevents someone from having his right, gives precedence to the one
who does not deserve to be preferred and vice versa, or is partial in
his judgment to a relative or someone of high status - due to an
unlawful bribe that he received. There is also bribery in implementing
judgment. There isbribery in appointing people when someone pays a
bribe to those who are in authority to appoint someone while there
areothers who are more deserving of the job than him.
Leaving aside the fact that this is unlawful and the consumption
ofwhat is unlawful, it is also betrayal of the Trust because the
better and the more efficient person should be appointed to the job.
Allaah The Almighty Says)what means(:}The best one you can hire is the
strong and the trustworthy.{]Quran 28:26[ Moreover, there is bribery
in the field of education, construction and many other fields that are
too numerous to mention here.
Effects and Harms of Bribery
Bribery is a crime that has grave effects and serious consequenceson
the individual and the society. We shall summarize some of them as
follows:
1- Entrusting a mission to those who are not qualified to do it: When
one pays a bribe to have a job that he is not qualified for, this
leads to shortcomings in his work output and production and leads to
the wasting of resources.
2- Destruction of principles and good morals: The spread of bribery in
a society means the destruction of the morals of the members of this
society, loss of confidence between them and the spread of bad morals
like negligence, indifference, losing a sense of allegiance and
belongingand the onset of frustration.
3- Wasting property and endangering souls: If one imagines that
bribery prevails in a society until it reaches the sector of health
and the production of medicine, what would be the condition of
people's health when they use bad medicines that were licensedthrough
bribery? Imagine that one walks across a bridge that has grave defects
that endangers people's lives and properties and that the contractor
who built it obtained permission to finish thework and construction
through bribery.
How many casualties and financial losses would stem from the fall of
that bridge? One should draw an analogy to this case in all fields.
Hence, bribery leads to the wasting of money and endangering of souls.
The Difference Between Bribes and Gifts
There is no doubt that there is a resemblance between a bribe and a
gift but the main differencebetween them lies in the intention and
motive behind eachof them, for the one who presents a gift seeks to
win the love of others and their acquaintance and to show kindness to
them.
Is a Gift Presented to a Ruler Considered a Bribe?
Many scholars are of the opinion that the ruler's acceptance of gifts
is a type of bribe. In a Hadeeth on the authority of Abu Humayd
As-Saa'idihe said,
The Prophetemployed a man from the tribe of Al-Azd named Ibn
Al-Lutbiyyah to be a Zakaah]obligatory charity[ collector. When he
returned he said ]to the Prophet[, "This is for you andthis was
presented to me as a gift." The Messenger of Allaahthen rose to the
pulpit and praised Allaah The Almighty and extolled Him. Then he
said:"I employ a man to do a job and he comes and says this is for you
and this was presented to me as a gift? Why did he not remain in the
house of his father, or the house of his mother, and see whether gifts
would be given to him or not? By Allaah, if any one of you took
anything unlawfully, he will come with it on the Day ofResurrection,
carrying it on ]his back[. I will not recognize any of you on the Day
of Resurrection with a grunting camel, or a bellowing cow, or a
bleating ewe."Then he raised his hands till we could see the whiteness
ofhis armpits. Then he said twice, "O Allaah! Have I conveyed ]Your
Commands[?" ]Al-Bukhaari and Muslim[
An-Nawawisaid, "This Hadeeth clarifies that the gifts received by
governors are unlawful to receive and an unfaithful act because it is
a breach of their trust. The Messenger of Allaahclarified in the same
Hadeeth why those who are in a position of trust are not permitted to
accept gifts, unlike those who are not in the same position for in
their case a gift is recommended. All that the governor receives under
the name of gifts should be returned to the one who gave it. If it is
notpossible, it should be paid to the Muslims' Treasury."
Ibn Battaalsaid, "The gifts ofthe governors should be put in the
Muslim Treasury. The governor cannot own it unless the Imaam requests
it for him."
What is the Ruling on the One Compelled to Pay a Bribe?
What should one do if it is decided that the gifts that are presented
to officials are a type of bribe, but the whole society is controlled
by bribery and the governing regime is so corrupt that he cannot have
his right without paying a bribe?
Scholars decided that in this case only, the bribed person is the
onewho bears the guilt, whereas the one who gives the bribe is free
from liability. This is so if he does this to have his right or to
ward off some harm that may afflict him, his religion or his property.
Therefore, if scholars issue a Fatwa )ruling( about the permissibility
of paying a bribe in case of compulsion and state that the person who
pays the bribe would not be held guilty, does this not indicate that a
bribe is like stealing? Rather, it is worse because it ruins the
consciousness of those in authority and drives them to wrong others
for the sake of the briber. At this point, the regime will become
corrupt and will be like a toy in the hands of criminals and unjust
people who follow their fancies and possess money that they can pay to
thosewho possess authority and publicpositions.
No comments:
Post a Comment