about bribery in the tenders issued by some companies.
Machine translationRead the Arabic original
The questioner : Shaykh, I have a question regarding some tenders issued by companies or some government institutions. When tenders are issued, naturally the one with the lowest price wins the tender, right?
The Shaykh : A sealed envelope.
The questioner : They call it a closed envelope.
The questioner : So often, Shaykh, bribery occurs in them; because it is always written in any tender as a condition of the institution that the government or the institution or the company is not bound to the lowest price. This is a condition in any tender.
The Shaykh : And this is part of the completeness of the system and the law.
The questioner : And often, winning a tender happens because, by Allah, our capability as an executing institution is better. The point is, if we assume that in any case a tender is won, meaning he will be given this, and a person comes and gives [a bribe] while he does not know that he won this tender.
The Shaykh : He does not know?
The questioner : The owner of the tender who submitted his price does not know that he won, but the officials or the appointed official knows that this tender is won. So if a person comes and pays an amount and says that in his opinion they will make his tender the winner, while he is originally the winner, is this official, if he takes this amount and he did not win it but he is the winner from the start?
The Shaykh : Do you know what bribery is? His saying (peace and blessings be upon him) So you are now asking about the one who accepts the bribe, did you ask about the one who gives the bribe?
The questioner : The one who gives the bribe, the question was, Shaykh.
The Shaykh : Never mind, so you are convinced that this one who gives the bribe is a briber.
The questioner : The one who gives the bribe is a briber.
The Shaykh : And the one who accepts the bribe is one who accepts a bribe.
The questioner : It has become common, meaning it is a reality. The person, let us not call him one who accepts a bribe, but the official is a man who has taqwa (mindfulness of Allah) for Allah the Mighty and Majestic, but the general situation surrounding him is that he is not like the formulation of these matters. He works in this department, and in fact, I know that he works in this department and helps people and helps even a number of Muslims and a large number of Christians. If he did not act in the same manner or at the same level, or if he started to be strict or we say he leans toward the religious side clearly, they might dismiss him. So his question was, if he takes this amount and spends it, for example, in a Sharia-compliant direction, for example, building a mosque, something of this sort, is it permissible for him to take the amount?
The Shaykh : You are with us, the end does not justify the means.
The questioner : Yes, by Allah, I answered his question and told him it is not permissible.
The Shaykh : That is one thing, and then I did not like it from you so that they do not say he is being strict.
The questioner : No, it is not strictness, Shaykh, so that they do not say he leaned toward the religious side. So he says, I serve the Muslim side.
The Shaykh : What? Are you making an excuse now or are you confirming?
The questioner : I am confirming, Shaykh, I am confirming his position.
The Shaykh : My brother, you are making an excuse, may Allah reward you.
The Shaykh : A sealed envelope.
The questioner : They call it a closed envelope.
The questioner : So often, Shaykh, bribery occurs in them; because it is always written in any tender as a condition of the institution that the government or the institution or the company is not bound to the lowest price. This is a condition in any tender.
The Shaykh : And this is part of the completeness of the system and the law.
The questioner : And often, winning a tender happens because, by Allah, our capability as an executing institution is better. The point is, if we assume that in any case a tender is won, meaning he will be given this, and a person comes and gives [a bribe] while he does not know that he won this tender.
The Shaykh : He does not know?
The questioner : The owner of the tender who submitted his price does not know that he won, but the officials or the appointed official knows that this tender is won. So if a person comes and pays an amount and says that in his opinion they will make his tender the winner, while he is originally the winner, is this official, if he takes this amount and he did not win it but he is the winner from the start?
The Shaykh : Do you know what bribery is? His saying (peace and blessings be upon him)
He cursed the one who gives a bribe and the one who takes a bribe
لعن الراشي والمرتشيThe questioner : The one who gives the bribe, the question was, Shaykh.
The Shaykh : Never mind, so you are convinced that this one who gives the bribe is a briber.
The questioner : The one who gives the bribe is a briber.
The Shaykh : And the one who accepts the bribe is one who accepts a bribe.
The questioner : It has become common, meaning it is a reality. The person, let us not call him one who accepts a bribe, but the official is a man who has taqwa (mindfulness of Allah) for Allah the Mighty and Majestic, but the general situation surrounding him is that he is not like the formulation of these matters. He works in this department, and in fact, I know that he works in this department and helps people and helps even a number of Muslims and a large number of Christians. If he did not act in the same manner or at the same level, or if he started to be strict or we say he leans toward the religious side clearly, they might dismiss him. So his question was, if he takes this amount and spends it, for example, in a Sharia-compliant direction, for example, building a mosque, something of this sort, is it permissible for him to take the amount?
The Shaykh : You are with us, the end does not justify the means.
The questioner : Yes, by Allah, I answered his question and told him it is not permissible.
The Shaykh : That is one thing, and then I did not like it from you so that they do not say he is being strict.
The questioner : No, it is not strictness, Shaykh, so that they do not say he leaned toward the religious side. So he says, I serve the Muslim side.
The Shaykh : What? Are you making an excuse now or are you confirming?
The questioner : I am confirming, Shaykh, I am confirming his position.
The Shaykh : My brother, you are making an excuse, may Allah reward you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.