Shari‘ah Ruling on Giving Bribes in Case of Necessity
❖ Question:
I am married and work as a school teacher. Due to a recent relocation to my in-laws’ new house, the school has become quite distant, costing me ₹37,000 monthly in transportation while my salary is only ₹41,000. I have attempted to request a transfer, but due to the elections, it’s currently not possible. To obtain a two-month leave, the relevant department is demanding a bribe of ₹25,000. In this situation of necessity, is it permissible for me to pay the bribe?
❖ Answer by: Shaykh al-Fadhil Hafiz Khizr Hayat (Hafizahullah)
✿ Both Giving and Taking Bribes is Haram
The Messenger of Allah ﷺ has cursed both the giver and the receiver of bribes:
لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الرَّاشِي وَالْمُرْتَشِي
“The Messenger of Allah ﷺ cursed the one who gives a bribe and the one who takes it.”
(Sunan Abu Dawood: 3580)
✿ Is Giving a Bribe Permissible Under Compulsion?
If a person is compelled to obtain their legitimate right, and it is not possible to acquire that right without giving a bribe, then in such a case, giving the bribe is considered permissible under duress. However, the one who accepts the bribe will remain sinful regardless of the circumstance.
❖ Clarification of Your Situation
① If the Leave is Your Legal Right:
If your job entitles you to the leave and the institution is unjustifiably withholding it, then it would be permissible for you to give a bribe out of compulsion to obtain that leave. In this scenario, you would be considered excused, as your rightful claim is being unjustly denied.
② If the Leave is Not Your Legal Right:
If the leave is not legally yours and you are attempting to obtain an unlawful facility by offering a bribe, then this act is not permissible. In that case, you would also be guilty of the sin of giving a bribe.
✿ A Better Course of Action:
You mentioned a difficult situation—ideally, it would have been better to finalize the transfer before moving residences.
If possible, make further efforts to engage with the administration and seek a solution that does not involve bribery.
❖ Conclusion:
✔ If the leave is your legitimate right and it cannot be obtained without a bribe due to compulsion, then there is leeway for you.
✘ However, if the leave is being acquired unlawfully through bribery, the act is absolutely impermissible.
May Allah ﷻ ease your situation and open up lawful and convenient paths for you!
