Taking Bribes and Gifts by a Judge is Prohibited
✍ Written by: Imran Ayyub Lahori
◈ Meaning of Bribery
Nawab Siddiq Hasan Khan (رحمه الله) writes that bribery has two meanings:
① That which is conditional upon the recipient passing judgment against the truth.
② Spending wealth to reach hidden objectives by using someone’s rank or position as a means.
[al-Rawdah al-Nadiyyah: 2/542]
◈ Qur’anic Evidence
① Allah Almighty says:
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ [البقرة: 188]
“Do not consume one another’s wealth unjustly, nor offer it to the rulers as bribes in order to consume a portion of people’s wealth sinfully, while you know.”
② Allah Almighty also says:
أَكَّالُونَ لِلسُّحْتِ [المائدة: 42]
“They are devourers of illicit wealth.”
Hasan (رحمه الله) and Sa‘id bin Jubayr (رحمه الله) said: The word “suh’t” in this verse refers to bribery.
Ibn Mas‘ud (RA) was asked about this, and he said: Suh’t is when someone seeks your help in his oppression, then gives you a gift. Do not accept it.
[Tafsir al-Tabari: 4/580, al-Durr al-Manthur by al-Suyuti: 2/502]
◈ Hadith Evidence
① Abu Hurairah (RA) narrated that the Messenger of Allah ﷺ said:
لعنة اللــه عـلـى الراشي والمرتشي فى الحكم
“Allah’s curse is upon the one who gives a bribe and the one who takes a bribe in judgment.”
[Ahmad: 2/387, Ibn Hibban: 1196 – al-Mawarid, Ibn al-Jarud: 585, Hakim: 4/103]
② ‘Abdullah bin ‘Amr (RA) narrated:
لعن رسول الله الراشي والمرتشى
“The Messenger of Allah ﷺ cursed the one who gives a bribe and the one who takes it.”
[Sahih: Sahih Tirmidhi, Tirmidhi: 1337, Kitab al-Ahkam: Bab ma ja’a fi al-rashi wal-murtashi fi al-hukm]
③ Buraidah (RA) narrated that the Messenger of Allah ﷺ said:
من اسـتـعـمـلـنـاه على عمل فرزقناه رزقا فما أخذه بعد ذلك فهو غلول
“If we appoint someone over a task and grant him his stipulated provision, then whatever he takes beyond that is embezzlement.”
[Sahih: Sahih Abu Dawud: 2550, Kitab al-Kharaj: Bab fi Arzaq al-‘Ummal, Abu Dawud: 2943]
④ Abu Umamah (RA) narrated that the Messenger of Allah ﷺ said:
من شـفـع لأخيه شفاعة فأهدى له هدية عليها فقبلها فقد أتى بابا عظيما من أبواب الربا
“Whoever intercedes for his brother, and then is given a gift in return for it and accepts it, he has indeed approached a great door of Riba.”
[Hasan: Sahih Abu Dawud: 3025, Kitab al-Buyu‘: Bab fi al-hadiyyah li qada’ al-hajah, Abu Dawud: 3541, Ahmad: 5/261]
⑤ Incident of Ibn al-Lutbiyyah:
The Prophet ﷺ appointed a man from Banu Asad, Ibn al-Lutbiyyah, as a collector of charity. When he returned, he said: This is for you, and this was given to me as a gift.
Upon hearing this, the Messenger of Allah ﷺ ascended the pulpit, praised Allah, and then said:
مابال العامل نبعثه فياتي يقول: هذا لك وهذا لي فهلا جلس فى بيت أبيه وأمه فينظر أيهدى له أم لا
“What is the matter with an official whom we appoint, and he comes and says: This is yours and this is mine? Why did he not sit in the house of his father and mother to see if gifts would be given to him or not?”
The Prophet ﷺ then said:
“By Him in Whose Hand is my soul, whatever he takes (as a gift) will be brought on the Day of Resurrection upon his neck: if it is a camel, it will be roaring; if it is a cow, it will be mooing; if it is a sheep, it will be bleating…”
Then the Prophet ﷺ raised his hands until the whiteness of his armpits was visible and said thrice:
“O Allah, have I conveyed (the message)?”
[Bukhari: 7174, Kitab al-Ahkam: Bab Hadaaya al-‘Ummal]
◈ Scholarly Explanation
✔ A gift, if given without any worldly motive — for example, if a person used to gift something to a judge even before he assumed his position — then there is no harm in accepting it and reciprocating it.
✔ However, if such was not the case, then clearly the gift is intended to win the judge’s favor in order to achieve certain aims (such as exerting pressure on an opponent, securing a favorable ruling, etc.). Since this resembles bribery, it is likewise prohibited.
[Nayl al-Awtar: 5/362; A‘lam al-Muwaqqi‘in: 4/232]
