Author: Dr. Muhammad Zia-ur-Rahman A‘zami (رحمه الله)
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.
The gift must come from someone who used to give him gifts even before he was appointed to the position of judge.
The one giving the gift must not have any current case or legal matter pending before the judge.
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]
If the gift-giver has a pending case or legal interest with the judge, then:
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]
❖ 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]
