Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Burhan,

I have a question,

If you have a business and while setting it up or running it we come across so many Government Dept where some one wants a KICK BACK to move your application further or it will not move at all. Now you have all the intention to make everything HALAL but some one wants RISHWAT and you have no choice to pay.

Is it HARAM (the business) because you pay RISHWAT to make it move or it HALAL because your business will die with out paying it?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Is Bribery Haraam?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and who-ever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 188: Do not usurp one another’s property by unjust means, nor offer it to the judges so that you may devour knowingly and unjustly a portion of the goods of others.

In Islam, to ACCEPT a bribe in any form and under any circumstances is absolutely forbidden. It is also forbidden in Islam to PAY a bribe to take something which does not rightfully belong to you. It is also forbidden in Islam to PAY a bribe to get something which is the right of someone else.

The scholars in Islam are of the opinion that if one, who as a citizen, has a right to get something, and someone in power is blocking this right and asking for a bribe, and who will never give you what is rightfully yours unless you pay the bribe, then the sin is on the person who is demanding the bribe. If you do not pay the bribe and stand firm and accept the challenges that might come your way to stay within the boundaries of Allah, Allah will be pleased with you and reward you for your steadfastness and patience abundantly. But if the circumstances are such, that you are being blocked to get what should rightfully be yours, and you pay the bribe with a heavy heart, the sin is on the one who demands and accepts the bribe.

And Allah Alone Knows Best and He is our Only Source of Strength.

May Allah guide you and us all to the Siraat al-Mustaqeem

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan