What is the ruling on using intermediaries in this worldly life? For example: seeking a job, or being discharged from the army, or the like.
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The questioner : What is the ruling on using intermediaries in this worldly life? For example: seeking a job, or being discharged from the army, or the like; the intermediary in its two forms, with money or without money, or in the form of a gift after the need has been met?
The Shaykh : Repeat it, by Allah, repeat it; what is it?
The questioner : What is the ruling on using intermediaries in this worldly life? For example: seeking a job, or being discharged from the army, or the like; the intermediary in its two forms, with money or without money, or in the form of a gift after the need has been met?
The Shaykh : I mean the question is: What is the ruling on bribery in such matters?
The answer is that bribery is divided into two categories:
One category is for establishing a right and refuting a falsehood. This is called bribery by name, but it is not bribery in the Shari'ah; that is, this money is permissible, if the money that is offered is for establishing a right or refuting a falsehood, because this right cannot be achieved, and that falsehood cannot be refuted, except by means of money that is offered. So, the one who offers this money, his offering of it is lawful. As for the one who accepts this money, while he is able to establish the right and refute the falsehood without accepting the money, then his acceptance of this money is forbidden for him. But as for the one who offered it, it is lawful for him, because he did not find a means or a way to establish the right or refute the falsehood except by offering this money. As for the one who accepts it, it is forbidden.
An example of this is: A judge to whom a case has reached its end, and all that remains is the order for execution, but he delays and delays and delays, perhaps for long years. The owner of the right feels that he is opening his mouth to catch a morsel, so he is forced to put it in his mouth to establish for him the right that his tongue has judged, but which he does not establish in action. Or refuting a falsehood. As for the money that is given to refute a right or establish a falsehood, this is forbidden for both the giver and the taker alike; because each of them is cooperating with the other in sin and transgression. And our Lord (Blessed and Exalted is He) says in the Qur'an:[Al-Ma'idah 5:2].
The Shaykh : Repeat it, by Allah, repeat it; what is it?
The questioner : What is the ruling on using intermediaries in this worldly life? For example: seeking a job, or being discharged from the army, or the like; the intermediary in its two forms, with money or without money, or in the form of a gift after the need has been met?
The Shaykh : I mean the question is: What is the ruling on bribery in such matters?
The answer is that bribery is divided into two categories:
One category is for establishing a right and refuting a falsehood. This is called bribery by name, but it is not bribery in the Shari'ah; that is, this money is permissible, if the money that is offered is for establishing a right or refuting a falsehood, because this right cannot be achieved, and that falsehood cannot be refuted, except by means of money that is offered. So, the one who offers this money, his offering of it is lawful. As for the one who accepts this money, while he is able to establish the right and refute the falsehood without accepting the money, then his acceptance of this money is forbidden for him. But as for the one who offered it, it is lawful for him, because he did not find a means or a way to establish the right or refute the falsehood except by offering this money. As for the one who accepts it, it is forbidden.
An example of this is: A judge to whom a case has reached its end, and all that remains is the order for execution, but he delays and delays and delays, perhaps for long years. The owner of the right feels that he is opening his mouth to catch a morsel, so he is forced to put it in his mouth to establish for him the right that his tongue has judged, but which he does not establish in action. Or refuting a falsehood. As for the money that is given to refute a right or establish a falsehood, this is forbidden for both the giver and the taker alike; because each of them is cooperating with the other in sin and transgression. And our Lord (Blessed and Exalted is He) says in the Qur'an:
but do not cooperate in sin and aggression
وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.