Understanding the Islamic Stance on Bribery [Ar-Rashwah]

Have you ever found yourself in a position where you had to pay a bribe just to get what you rightfully deserve? Is it an unfortunate reality for many people around the world!? Bribery, also known as Ar-Rashwah in Arabic, is a pandemic that has eaten into the fabric of all and sundry. In fact, it has found itself institutionalized in many ordinary and corporate affairs, that Muslims are not left behind! Bribery, or Ar-Rashwah, is the act of giving money to someone in exchange for something to which the giver has no right. Examples of this include bribing a judge to rule in one’s favor, bribing an official or authority for preferential treatment, etc. It is not permissible to give or receive gifts when bidding for contracts. This leads to cheating and showing favoritism towards the giver of the gift, rather than awarding the contract to a more deserving recipient.

In Islam, bribery is considered a major sin as stated in the Noble Qur’aan, Allah says:

“And do not consume one another’s wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know it is unlawful. (Baqarah, 2:188).

This text exposes the manipulative tactics used by rulers to gain profit at the expense of people. Such actions are considered bribery. The Prophet (peace and blessings of Allaah be upon him) said: “May the curse of Allaah be upon the one who pays a bribe and the one who takes it.”  (Ibn Maajah 2313) In another narration. The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who gives a bribe and the one who takes it. [Ahmad (6791) and Abu Dawood (3580)].

Some of the Islamic Rulings related to Bribery

We all know that accepting or giving bribes is a major sin, as mentioned in the Qur’an and Sunnah. However, there are exceptions to this general ruling. It is important to understand the Islamic legal and ethical implications of giving money or engaging in transactions that can be considered bribery. Here are some Islamic rulings regarding bribery:

• Paying a bribe in order to get one’s rights:

In a situation where one’s rights are violated or deprived and they offer a bribe to avoid mistreatment, the act is permissible for the giver but a sin for the receiver. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: It is prohibited to accept bribes for obtaining one’s rightful dues, while it is permissible to offer them in order to obtain one’s rights. The taker is committing a sin by accepting something he does not deserve. [Fataawa Islamiyyah (4/302)].

• Paying money to remove or alleviate wrongdoing

For instance. giving money to someone who will waive taxes that have been imposed on Muslims. There is nothing wrong with that. [Fatwaawa Munajjid (118432)]

• Giving money to a worker or office to go to the official bodies and do what is needed to clear the transaction.

There is nothing wrong with this, and it does not come under the heading of a bribe; rather this comes under the heading of hiring someone to do a task. [Fatwaawa Munajjid (118432)]

In Conclusion, it is imperative that as true believers we should hold a strong reverence for Allaah for whoever fears Allah, the Most Exalted, He will protect him and suffice him; whoever adheres to His commands, He will grant him more of His bounty. So do not let fear of people prevent you from speaking the truth when you know it or accept or give a bribe. Always keep in mind that Allaah will provide you with something better than what you do not expect and above all reward you abundantly. Allah says:

“Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.’ [Surah An-Nahl, 16:97]