Giving Bribes to Obtain One’s Right: Sharʿi Ruling
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Buyūʿ, vol.1, p.393
❖ The Question
At times, a person is forced to give money as a bribe in order to obtain his rightful due. What is the Sharʿi ruling in such a case?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
- By its nature, bribery is ḥarām, and in Sharīʿah both giving and taking bribes are prohibited.
- However, there is an exceptional case where giving money does not fall under the forbidden category of bribery:
❀ If a person, out of compulsion, gives money to secure his own rightful due,
❀ and it is not for oppression, injustice, or usurping someone else’s right,
❀ then such payment does not fall under the strict prohibition of bribes,
❀ because this is not bribery to gain unlawful advantage, but merely to reclaim one’s due.
➡ In this case, the giver is not sinful. The sin lies upon the one who takes money in return for granting someone their rightful entitlement, for he is selling justice through an unlawful means.
ھذا ما عندي والله أعلم بالصواب
