What is the ruling on giving money to a customs officer in exchange for obtaining a document that proves his lost right?
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The questioner : In this question, a person—bribery is, of course, known to be forbidden, and it is not permissible for a person who has an interest, assuming he went and had a document in his possession at customs in the name of gold, and this document was lost from him, though his right is known. A man from customs told him: “I will prove your right for you only if you bribe me; otherwise, you have no right.” So, is it permissible for him to bribe this man, or not?
The Shaykh : It is permissible for him to give him money so that he reaches the right of the one whose rights have been violated. As for that employee, it is a forbidden bribe, because it is obligatory upon him, by virtue of his job, to return the trust to its owner. However, it does not become a bribe as far as the owner is concerned, because in reality, bribery in the language is: “giving money to nullify a right or to establish a falsehood.” Here, that meaning does not apply to the owner of this gold. Therefore, it is permissible for him to do so, and there is absolutely no problem with it.
The Shaykh : It is permissible for him to give him money so that he reaches the right of the one whose rights have been violated. As for that employee, it is a forbidden bribe, because it is obligatory upon him, by virtue of his job, to return the trust to its owner. However, it does not become a bribe as far as the owner is concerned, because in reality, bribery in the language is: “giving money to nullify a right or to establish a falsehood.” Here, that meaning does not apply to the owner of this gold. Therefore, it is permissible for him to do so, and there is absolutely no problem with it.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
