Paying a bribe by an agent
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Fatwa number ( 19020 )
Q: I am one of the employees of the embassy, and sometimes I receive requests from some colleagues and relatives to send them a suitable domestic worker (maid), as they wish the selection to be made through a person known to them; so that he takes care of the matter on one hand, and on the other hand so that the cost of recruitment is reduced from about 4-5
thousand Saudi Riyals to 1500 Riyals. This is where the problem lies for me. As we know and hear from the owners of labor offices, whom everyone deals with and who are indispensable for finding a suitable domestic worker, they use the 1500 Riyals in two parts: the first is to buy a ticket for the maid, and the second is to give to some employees at the airport to facilitate the maid's travel, since the Indian government prohibits maids from traveling abroad. We have not seen them giving this money to the airport employees, but the owners of the labor offices say so, and we do not know the extent of its truth or falsehood. What remains of the amount is considered fees for the office owner, in addition to what he takes from the domestic worker before she leaves. This happens naturally and routinely, and I do not think he can find an alternative solution, at least at the present time. So, am I permitted to do this work? Knowing that I do not take any fees for it. And am I permitted to take fees if that is lawful and permissible?
A: If the matter is as you mentioned, and you are dealing with labor offices that pay airport employees in India an amount to facilitate the travel of the maids, since the Indian government prohibits maids from traveling abroad, or if you are paying that amount to airport employees to facilitate your request – then that is a bribe, and assistance in wrongdoing. And Allah the Exalted said:
[Al-Ma'idah 5:2], and what was narrated by 'Amr ibn Abi Salmah , from his father, from Abu Hurayrah , who said: Bulugh al-Maram 1411 It was reported by al-Tirmidhi in (al-Jami' al-Sahih), by Abu Dawud in al-Sunan, by the Imam Ahmad in al-Musnad, and by Ibn Majah in his Sunan. Based on this, it is not permissible for you to perform this work, nor to accept a sum of money in exchange for this work. We advise you to abandon this work and to repent sincerely from it. Whoever abandons something for the sake of Allah, Allah will replace it with something better. Allah the Exalted said: [At-Talaq 65:2-3]. However, if you do not pay those office holders or airport employees amounts to facilitate your application, and there is no circumvention of the regulations in that
agreed upon between the two countries in organizing the recruitment of labor, then there is no harm in doing this work, and in taking an amount of money in exchange for your fees, on the condition that the person who appointed you is aware of it, and on the condition that the recruited worker is Muslim, and that a mahram is present with the women so that your responsibility is cleared thereby. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am one of the employees of the embassy, and sometimes I receive requests from some colleagues and relatives to send them a suitable domestic worker (maid), as they wish the selection to be made through a person known to them; so that he takes care of the matter on one hand, and on the other hand so that the cost of recruitment is reduced from about 4-5
thousand Saudi Riyals to 1500 Riyals. This is where the problem lies for me. As we know and hear from the owners of labor offices, whom everyone deals with and who are indispensable for finding a suitable domestic worker, they use the 1500 Riyals in two parts: the first is to buy a ticket for the maid, and the second is to give to some employees at the airport to facilitate the maid's travel, since the Indian government prohibits maids from traveling abroad. We have not seen them giving this money to the airport employees, but the owners of the labor offices say so, and we do not know the extent of its truth or falsehood. What remains of the amount is considered fees for the office owner, in addition to what he takes from the domestic worker before she leaves. This happens naturally and routinely, and I do not think he can find an alternative solution, at least at the present time. So, am I permitted to do this work? Knowing that I do not take any fees for it. And am I permitted to take fees if that is lawful and permissible?
A: If the matter is as you mentioned, and you are dealing with labor offices that pay airport employees in India an amount to facilitate the travel of the maids, since the Indian government prohibits maids from traveling abroad, or if you are paying that amount to airport employees to facilitate your request – then that is a bribe, and assistance in wrongdoing. And Allah the Exalted said:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِAllah's Messenger (ﷺ) cursed the one who bribes and the one who takes bribes to influence the judgement
لعن رسول الله صلى الله عليه وسلم الراشي والمرتشي في الحكمAnd whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُagreed upon between the two countries in organizing the recruitment of labor, then there is no harm in doing this work, and in taking an amount of money in exchange for your fees, on the condition that the person who appointed you is aware of it, and on the condition that the recruited worker is Muslim, and that a mahram is present with the women so that your responsibility is cleared thereby. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.