Shari‘ah Ruling on Giving Bribes in Case of Necessity
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?
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)
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.
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.
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.
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.
✔ 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!
❖ 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!
