Customs Clearance: The Ruling on Working in It and Its Earnings
Machine translationRead the Arabic original
Fatwa No. ( 7013 )
Q: First: I am a young Muslim who works with my father in a profession called customs clearance . The nature of the work in this profession is contracting with certain companies, and under this contract we handle the clearance of goods arriving at customs. This process goes through a series of procedures and steps, and in it we deal with customs employees and workers who receive their salaries from the government in exchange for performing this work. However, most of them have become accustomed to receiving additional amounts, some of which they demand and some they do not, from the clearing agents, and I am one of them, in exchange for performing their work. Some of them request this amount before completing the work, some request it after completing it, and some do not make their request explicit, but rather hint at it. If we do not respond to their request, the degree of their obstruction and delay of the work varies. For example, they claim that some documents are missing or assume a condition that does not apply to us as an attempt to delay us. This is in the stage before the completion of
the work. However, if the work is actually completed without them receiving these amounts (bribes), they delay the work in subsequent instances. Is it permissible for me to pay these amounts? And if the answer is that it is not permissible, am I in this situation compelled, such that sin does not attach to me? Or is it valid that I do not pay these amounts myself, but authorize another person to do so, despite the difficulty of that? Or is it incumbent upon me to leave this work and look for another? Knowing that when I pay these bribes (unofficial amounts), it does not result in injustice to anyone, or harm to others, or taking what is not my right. The companies that authorize us for clearance pay us amounts as a separate item for expenses in exchange for those bribes, which is usually a fixed amount, regardless of what is actually paid. This is different from what we receive as our wage for performing the clearance process. I work for my father, who asks me to continue working with him, knowing that he needs me to continue working with him. Second: In the case of engaging in commercial work, that requires dealing with certain types of government employees, such as the tax officer, and inspectors of supply, health, and others. This also requires paying unofficial amounts (bribes), otherwise they impose legal fines on the prohibited, and other punishments out of revenge. Is it permissible to pay such amounts;
to avoid their evil and to ward off harm from us? Or is it not permissible to pay such amounts and bear the harms they impose on us?
A: First: Bribery is forbidden; for what is established from Thawban from the Prophet (peace and blessings be upon him) that he said:Al-Mustadrak lil-Hakim 30:66 . Second: It is obligatory for you and your father to leave this profession, as long as it remains in the state you described. If that is accomplished for you both, praise be to Allah for safety. Otherwise, avoid it and seek wide earnings through a good path, for the doors of provision are many, [At-Talaq 65:2-3], and do not obey your father in remaining in this work, for it is disobedience, and there is no obedience to a created being in disobedience to the Creator. And you must be dutiful to your parents in what is good; for the saying of the Exalted: [Luqman 31:15] . Third: What the principal pays his agent in money for spending on the goods, he must spend it in what is permissible to spend it on, without
extravagance or payment in what is forbidden, and what remains is for the principal, unless his soul permits it for his agent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Q: First: I am a young Muslim who works with my father in a profession called customs clearance . The nature of the work in this profession is contracting with certain companies, and under this contract we handle the clearance of goods arriving at customs. This process goes through a series of procedures and steps, and in it we deal with customs employees and workers who receive their salaries from the government in exchange for performing this work. However, most of them have become accustomed to receiving additional amounts, some of which they demand and some they do not, from the clearing agents, and I am one of them, in exchange for performing their work. Some of them request this amount before completing the work, some request it after completing it, and some do not make their request explicit, but rather hint at it. If we do not respond to their request, the degree of their obstruction and delay of the work varies. For example, they claim that some documents are missing or assume a condition that does not apply to us as an attempt to delay us. This is in the stage before the completion of
the work. However, if the work is actually completed without them receiving these amounts (bribes), they delay the work in subsequent instances. Is it permissible for me to pay these amounts? And if the answer is that it is not permissible, am I in this situation compelled, such that sin does not attach to me? Or is it valid that I do not pay these amounts myself, but authorize another person to do so, despite the difficulty of that? Or is it incumbent upon me to leave this work and look for another? Knowing that when I pay these bribes (unofficial amounts), it does not result in injustice to anyone, or harm to others, or taking what is not my right. The companies that authorize us for clearance pay us amounts as a separate item for expenses in exchange for those bribes, which is usually a fixed amount, regardless of what is actually paid. This is different from what we receive as our wage for performing the clearance process. I work for my father, who asks me to continue working with him, knowing that he needs me to continue working with him. Second: In the case of engaging in commercial work, that requires dealing with certain types of government employees, such as the tax officer, and inspectors of supply, health, and others. This also requires paying unofficial amounts (bribes), otherwise they impose legal fines on the prohibited, and other punishments out of revenge. Is it permissible to pay such amounts;
to avoid their evil and to ward off harm from us? Or is it not permissible to pay such amounts and bear the harms they impose on us?
A: First: Bribery is forbidden; for what is established from Thawban from the Prophet (peace and blessings be upon him) that he said:
May Allah curse the one who gives the bribe, the one who takes the bribe, and the one who goes between them
لعن الله الراشي والمرتشي والرائش الذي يمشي بينهماAnd whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ وَمَنْ يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًاbut accompany them in [this] world with appropriate kindness and follow the way of those who turn back to Me
وَصَاحِبْهُمَا فِي الدُّنْيَا مَعْرُوفًا وَاتَّبِعْ سَبِيلَ مَنْ أَنَابَ إِلَيَّextravagance or payment in what is forbidden, and what remains is for the principal, unless his soul permits it for his agent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.