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:

Assalamu alikum warahmatulla he wabarakatu hu,

In Pakistan we have a construction company and when we file for taxes, the tax representatives/ officers of the government always ask for bribe and never have they approved of our accounts without bribe. They threaten to close the company and/or send us to Jail. Allah knows that we intend to pay our taxes. Many businessmen in Pakistan face the same problem. My question is should we continue with this business or is it Haram.

Further more is it Halal to work in a company that has interest bearing debt but company operations are Halal Like many consumer good MNC's for e.g. Unilever , Procter and gamble, Pepsi, coke cola etc?

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Answer:

The paying of bribes

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: My question is should we continue with this business or is it Haram.

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 (bribes) to the judges so that you may devour knowingly and unjustly a portion of the goods of others.

Sunan of Abu-Dawood Hadith 3573 Narrated by Abdullah ibn Amr ibn al-'As

The Messenger of Allah (saws) cursed the one who bribes and the one who takes bribe.

To demand or accept a bribe in absolutely any form or under any guise or circumstances is absolutely forbidden in Islam. It is also categorically forbidden in Islam for one to pay a bribe to take something which does not rightfully belong to him or to get something which is the right of someone else.

The absolute majority of the scholars and the jurists in Islam are of the opinion that if one, who as a citizen has a right to get something, and someone in power or authority is blocking this right and demanding a bribe to release their right, and this evil person in authority will never release what is rightfully theirs unless and until his demand for a bribe is fulfilled ….then it is this evil person who alone will bear the burden of the sin. But if one who sincerely fears Allah and the Last Day, stands firm on the side of the truth and justice, refuses to take the easy route and pay the demanded bribe, and is willing to accept the challenges that might come his way to stay within the prescribed boundaries of Allah Subhanah, Allah will be pleased with his striving and reward him abundantly for his steadfastness, his patience, and his obedience. But if the circumstances are such that one is being blocked to get what should rightfully be theirs, and one reluctantly pays the bribe with a heavy heart, the sin is on the one who demands and accepts the bribe.

But if one pays a bribe to unjustly usurp the rights of another, or to obtain something which does not rightfully belong to him, or to influence the judgment in his favor….then indeed the person who gives the bribe and the person who accepts it, both will be in manifest sin.

Your Question: Further more is it Halal to work in a company that has interest bearing debt but company operations are Halal Like many consumer good MNC's for e.g. Unilever , Procter and gamble, Pepsi , coke cola etc?

If one works for a company whose business in its essence is declared as unlawful or ‘haraam’ by Allah and His Messenger (saws) (eg. gambling casinos, prostitution dens, bars selling alcohol, commercial banks, etc.)…..then indeed without an iota of a doubt one will share in their appropriate burden of the sin according to their level of participation.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 19 (part):

85 Whoever recommends and helps a good cause becomes a partner therein: and whoever recommends and helps an evil cause shares in the burden (of the sin): and Allah hath power over all things.

But if one happens to work in a company whose business is lawful in its essence, but the owners of the business indulge in the unlawful….the burden of the sin will be borne by those who own the business and indulge in the lawful. Provided the work one does is itself lawful, the salary such a person derives from the business will be considered lawful in the Sight of Shariah.

Thus if one happens to work for a ‘multinational’ company like Unilever, or Proctor and Gamble, or Pepsico, or Coke, etc. whose products are lawful in its essence….and if the owners of the company happen to take a commercial interest-bearing debt to run their business….they alone will be responsible in the Sight of Allah for indulging in the crime of ‘riba’. Provided the work one does for or in these companies is lawful in its essence, the salaries or benefits they derive for their lawful work will be considered lawful in the Sight of Shariah Law.

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

Your brother and well wisher in Islam,

Burhan