Paying a bribe to obtain a lost right
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if a person is unable to obtain his right except by paying a bribe, and if he does not pay it, his right will be lost, is it permissible for him to pay it? And who is the one upon whom the sin lies?
Answer:
He does not pay a bribe under any circumstances. If the means to obtaining his right involves an authority, he complains to the authority, and the authority arranges for his case to be handled by someone other than this judge, by another judge. The important thing is that he does not pay a bribe, and he does not open the door to this. If the judge does not accept anything except a bribe, he raises the matter to the rulers, and others take control to remove him from the judiciary. Otherwise, if we proceed on this path and say that it is not contrary [to the law], people will proceed on their own path.
He says: Honorable Shaykh, may Allah grant you success, if a person is unable to obtain his right except by paying a bribe, and if he does not pay it, his right will be lost, is it permissible for him to pay it? And who is the one upon whom the sin lies?
Answer:
He does not pay a bribe under any circumstances. If the means to obtaining his right involves an authority, he complains to the authority, and the authority arranges for his case to be handled by someone other than this judge, by another judge. The important thing is that he does not pay a bribe, and he does not open the door to this. If the judge does not accept anything except a bribe, he raises the matter to the rulers, and others take control to remove him from the judiciary. Otherwise, if we proceed on this path and say that it is not contrary [to the law], people will proceed on their own path.
Source
قناة «العلامة الدكتور صالح الفوزان»، 116 من 123 / شرح كتاب زاد المستقنع / القضاء / صالح الفوزان / الفقه / كبار العلماء — youtube.com (53:32)
The Arabic text is a machine transcription of the audio recording.
