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The Law of Bribing in Islam and Its Proposition

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Assets in Islam are well organized and complete. But, still, there are various problems regarding assets that always cause problems. One of them is the problem of bribery.

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Bribery or risywah is giving money and so on to the officer (employee), with the right to get convenience in a process or business. Bribery results from mere personal interests that cause harm to others.

قَال الْفَيُّومِيُّ : الرِّشْوَةُ – بِالْكَسْرِ – : مَا يُعْطِيهِ الشَّخْصُ لِلْحَاكِمِ أَوْ غَيْرِهِ لِيَحْكُمَ لَهُ ، أَوْ يَحْمِلَهُ عَلَى مَا يُرِيدُ

Al-Fayyumi Rahimahullah said, “Risywah (bribe) is something that is given by someone to a judge or another, so that the judge wins it, or so that the judge directs the law in accordance with what the giver risywah wants.” (Misbâulul Munir was quoted from Al-Mausû’ah Al-Fiqhiyyah Al-Kuwaitiyah, 22/219)

وَقَال ابْنُ الأْثِيرِ : الرِّشْوَةُ : الْوُصْلَةُ إِلَى الْحَاجَةِ بِالْمُصَانَعَةِ

Ibnul Atsir Rahimahullah said, “Risywah (bribe) is something that connects to necessity with persuasion.” (Misbâulul Munir was quoted from Al-Mausû’ah Al-Fiqhiyyah Al-Kuwaitiyah, 22/219)

Risywah in terms is a name that is pinned on a gift that aims to cancel the truth or to enforce or do evil (falsehood, tyranny) so that when someone gives something to someone else, not to abrogate the truth, and not to enforce or commit falsehood (falsehood, tyranny), but to get his rights, or to reject tyranny and distress from himself, his family, or his property, this is permissible. The person who gave the risywah is not sinful, but the person who took it sinned, because he took things that were not his right. (Al-Mausû’ah Al-Fiqhiyyah Al-Kuwaitiyah, 22/222)

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The Law of Bribing in Islam is Haram

Allah Subhanahu Wa Ta’ala said,

وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ

“And do not consume one another’s wealth unjustly or send it (in bribery) to the rulers in order that (they might aid) you (to) consume a portion of the wealth of the people in sin, while you know (it is unlawful).” (Surah Al-Baqarah: 188) (Also read: Virtue of the Last Two Verses Surah Al-Baqarah)

Al Haitsami Rahimahullah said, “Do not extend to the judge of your gift, that is by taking face and bribing them, in the hope that they will give the rights of others to you, while you know that it is not lawful for you.”

God’s Judgment for Bribe Givers and Recipients

عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَعْنَةُ اللَّهِ عَلَى الرَّاشِي وَالْمُرْتَشِي

From Abdullah bin ‘Amr, he said: Raslullah said, “Acts on Allah to the bribe and bribe recipient”. (HR. Ahmad, no. 6984; Ibn Majah, no. 2313. This hadith is considered a saheeh hadith by Syaikh Al-Albani and Shaykh Syu’aib Al-Arnauth)

عَنْ عُمَر عَبْدِ اللهِ بْنِ قاَلَ : لَعَنَ رَسُوْلُ اللهِ الرَاشِى، وُاْلمُرْتَشَىِ

From Ibn Umar Radhiyallahu Anhu, he said, “The Prophet Sallallaahu Alaihi Wa Sallam cursed the one who gave bribes and who accepted bribes.” (HR At-Tirmidzi, 1/250; Ibn Majah, 2313, and Hakim, 4/102-103; and Ahmad 2/164,190. Shaykh Al-Albani said, “Shahih.” See Irwa ’Ghalil 8/244)

In the Tsauban history, there are additional hadiths: “Arroisy (… and intermediary for bribery transactions).” (HR Ahmad, 5/279 in his sanad Laits bin Abi Salim, memorizing mixed, and his Shaykh, Abul Khattab majhul)

Allah Subhanahu Wa Ta’ala said,

فَهَلْ عَسَيْتُمْ إِن تَوَلَّيْتُمْ أَن تُفْسِدُوا فِي الْأَرْضِ وَتُقَطِّعُوا أَرْحَامَكُمْ أُولَٰئِكَ الَّذِينَ لَعَنَهُمُ اللَّهُ فَأَصَمَّهُمْ وَأَعْمَىٰ أَبْصَارَهُمْ

“Then will it be that if you are in power you will make damage on the face of the Earth and break the family relationship. These are the ones whom Allah hath cured, and deafened their ears, and blinded their sight.” (Surah Muhammad: 22 – 23)

Abul ‘Aliyah responded to this argument by saying, “Making damage on the surface of the Earth with bribes.”

Not only is it illegal for those who take bribes, but also for those who receive bribes. Those who accept bribes will be punished under the same law. Those who accept bribes are considered to be sympathetic to Jews who like to gain from illegitimate results.

Allah Subhanahu Wa Ta’ala said,

سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِ

“They are people who like to hear false news, eat a lot of illegitimate things.” (Surah Al-Maidah: 42)

Hasan and Said bin Jubair Rahimahullah mentioned in his commentary that what was meant was a bribe eater, and he said,

“If a Qodi (judge) accepts a bribe, it will certainly lead to kufr.”

Allah the Almighty said,

يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الْأَرْضِ حَلَالًا طَيِّبًا وَلَا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ ۚ إِنَّهُ لَكُمْ عَدُوٌّ مُبِينٌ

“O men, eat the lawful things better than what is on the Earth, and do not follow the steps of shaitan; for truly the shaitan is the real enemy to you.” (Surah Al-Baqarah 2: 168) (Also read: Virtue of the Last Two Verses Surah Al-Baqarah)

Allah the Almighty said,

وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلَالًا طَيِّبًا ۚ وَاتَّقُوا اللَّهَ الَّذِي أَنْتُمْ بِهِ مُؤْمِنُونَ

“And eat halal food that is good again from what Allah has provided for you, and fear Allah, whom you believe in Him.” (Surah Al-Maidah 5: 88)

Allah also said,

يَا أَيُّهَا الَّذِينَ آمَنُوا كُلُوا مِنْ طَيِّبَاتِ مَا رَزَقْنَاكُمْ

“O believers, eat good food from the sustenance that We give to you.” (Surah Al-Baqarah 2: 172)

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Then the Rasulullah Sallallaahu ‘Alaihi Wa Sallam tells the story of a man who is doing safar (long journey), whose hair is matted, dull and dusty, which stretches his hands to the sky and prays, “O my Rabb! O my Rabb! While the food is unclean, the drink is unclean, the clothes are unclean and he is fed with unclean food, then how can prayer be granted?” (HR. Muslim)

That is a brief explanation of the law of bribery in Islam. Bribing or accepting bribes are equally despicable acts that can destroy, so remember that fortune must be sought in a way blessed by Allah.

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Kategori : Islamic Law