❖ Judicial Integrity and the Issue of Gift Acceptance
According to the scholars of Islam, a judge is not permitted to accept gifts unless two essential conditions are met. These conditions safeguard the integrity of justice and prevent any form of bias or corruption.
✦ Condition ①
The gift must come from someone who used to give him gifts even before he was appointed to the position of judge.
✦ Condition ②
The one giving the gift must not have any current case or legal matter pending before the judge.
❖ Rationale Behind These Conditions
If the individual was not among those who gifted him before his judicial appointment, then accepting such a gift is not permissible, because it is presumed that the gift is being offered due to his position.
This is similar to the incident where the Prophet ﷺ sent ‘Abdullah ibn al-Lutbiyyah to collect zakat. When he returned, he said:
“This is for you, and this was gifted to me.”
The Messenger of Allah ﷺ said:
“Why didn’t he sit in his father’s or mother’s house to see whether he would be given any gift or not?”
[Sahih al-Bukhari, Hadith No. 2597]
❖ Risk of Bribery in Disguise
If the gift-giver has a pending case or legal interest with the judge, then:
- There is a real danger that the gift may serve as a veiled bribe.
- It is well-known that recipients of gifts naturally incline toward the giver.
- This can lead to bias, lack of due diligence, and corruption in judgment.
✅ Summary of the Two Conditions:
① Prior Relationship:
The gift must come from someone who used to gift him before he became a judge.
② No Pending Case:
The giver must not have any legal matter pending in the judge’s court.
Without fulfilling both of these conditions, it is not permissible for a judge to accept a gift.
[Shaykh Ibn ‘Uthaymeen: Nur ‘ala al-Darb: 2]
