The Ruling on a Person Paying a Bribe to Obtain His Right
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The questioner: This is a message from the listener Sa'id Muhammad Lafi al-Ghamdi from al-Baljurashi. He says: A person told me that paying a sum of money as a bribe to an employee or official who adjudicates cases, such as judges or heads of committees that inspect lands, is not forbidden if a person's right is not established except through that bribe, and if he does not pay it, his right is lost, and if he pays it, he obtains his right without wronging another person. Is this statement correct, and where do we go with the hadith of the Messenger of Allah (peace and blessings be upon him) in which he said: Al-Mustadrak lil-Hakim 30:66?
The answer: There is no doubt that paying a bribe to officials, whether judges, rulers, or committees that adjudicate between people, is definitely forbidden, and it is among the major sins. The one who told the questioner that this is permissible has erred and made a mistake against himself.
It is not permissible to pay a bribe, nor is it permissible to accept it from those who pay it. Rather, it is obligatory for officials to purify themselves from this, to stay away from it, and not to accustom themselves to this great evil and this major corruption. Whenever bribery enters a people, it corrupts them and wastes the rights of people, and the one who pays the bribe becomes the successful one, while the one who does not bribe loses his right. This is injustice and a great affliction and major corruption. Therefore, it is not permissible to pay a bribe to a judge, an employee, a ruler, or anyone else to advance you over others, or to deprive others and give you their right, or anything else that involves injustice to people and encroachment on people, or advancing without right or delaying without right.
The point is that bribery is forbidden and an evil in itself, and the Messenger of Allah (peace and blessings be upon him) cursed the one who pays the bribe and the one who accepts it. So you, O servant of Allah, must beware of these base statements, and stay away from what Allah has forbidden for you. If your right is delayed, demand your right, or demand that the case be referred to the higher authorities, such as the Court of Cassation, if you see that the judge has ruled on something in which you see yourself to be wronged and that he has erred. Request that the case be referred to the Court of Cassation. As for giving a bribe or paying a bribe to someone to help rule in a way that pleases you and suits you, this is a great evil, whether with the judge or with the judge's subordinates, such as clerks or others; it is all evil.
Likewise, with land committees or with others who are delegated authority in matters between people, it is not permissible to give a bribe to advance you, or to give you the right of so-and-so, or to increase you beyond your right, or the like of that. Rather, you must submit to the Shari'ah rulings and to the reality that occurs, and ask the rulers to be just with you if you see someone encroaching on you. Demand justice for yourself and clarify the aspect of injustice that occurred against you. The rulers, with the praise of Allah, will not leave your right; rather, they will be just with you, if Allah wills. Then, if it is decreed that you are not given justice, what is with Allah is better and more lasting. As for falling into a matter whose doer Allah has cursed, that is a great danger. There is no power and no strength except with Allah. Yes.
The presenter: May Allah reward you with good.
May Allah curse the one who gives the bribe, the one who takes the bribe, and the one who goes between them.
لعن الله الراشي والمرتشي والرائشThe answer: There is no doubt that paying a bribe to officials, whether judges, rulers, or committees that adjudicate between people, is definitely forbidden, and it is among the major sins. The one who told the questioner that this is permissible has erred and made a mistake against himself.
It is not permissible to pay a bribe, nor is it permissible to accept it from those who pay it. Rather, it is obligatory for officials to purify themselves from this, to stay away from it, and not to accustom themselves to this great evil and this major corruption. Whenever bribery enters a people, it corrupts them and wastes the rights of people, and the one who pays the bribe becomes the successful one, while the one who does not bribe loses his right. This is injustice and a great affliction and major corruption. Therefore, it is not permissible to pay a bribe to a judge, an employee, a ruler, or anyone else to advance you over others, or to deprive others and give you their right, or anything else that involves injustice to people and encroachment on people, or advancing without right or delaying without right.
The point is that bribery is forbidden and an evil in itself, and the Messenger of Allah (peace and blessings be upon him) cursed the one who pays the bribe and the one who accepts it. So you, O servant of Allah, must beware of these base statements, and stay away from what Allah has forbidden for you. If your right is delayed, demand your right, or demand that the case be referred to the higher authorities, such as the Court of Cassation, if you see that the judge has ruled on something in which you see yourself to be wronged and that he has erred. Request that the case be referred to the Court of Cassation. As for giving a bribe or paying a bribe to someone to help rule in a way that pleases you and suits you, this is a great evil, whether with the judge or with the judge's subordinates, such as clerks or others; it is all evil.
Likewise, with land committees or with others who are delegated authority in matters between people, it is not permissible to give a bribe to advance you, or to give you the right of so-and-so, or to increase you beyond your right, or the like of that. Rather, you must submit to the Shari'ah rulings and to the reality that occurs, and ask the rulers to be just with you if you see someone encroaching on you. Demand justice for yourself and clarify the aspect of injustice that occurred against you. The rulers, with the praise of Allah, will not leave your right; rather, they will be just with you, if Allah wills. Then, if it is decreed that you are not given justice, what is with Allah is better and more lasting. As for falling into a matter whose doer Allah has cursed, that is a great danger. There is no power and no strength except with Allah. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.