Giving and
taking bribe are haram in Islam. No one deny it. But the question is, what if,
paying bribe the only way to get our right? Or in some cases, how if paying the
bribe is the only way to defeat the evil greater than the bribe? For example,
in the time of election between the evil side and the good side. If the good
side choose to buy the vote so the evil can’t win, does it still consider haram
or halal?
The haram
of risywah (bribe) is mentioned in the Quran Surah al-Baqarah verse 188:
وَلَا
تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ وَتُدْلُوا۟ بِهَآ إِلَى ٱلْحُكَّامِ
لِتَأْكُلُوا۟ فَرِيقًۭا مِّنْ أَمْوَٰلِ ٱلنَّاسِ بِٱلْإِثْمِ وَأَنتُمْ
تَعْلَمُونَ ١٨٨
Meaning: Do
not consume one another’s wealth unjustly, nor deliberately bribe authorities
in order to devour a portion of others’ property, knowing that it is a sin.
And
explicitly mentioned in the hadith:
Abu
Hurayrah RA narrated that the Prophet SAW (Peace be upon him) cursed the bribe giver,
its taker and the one who acts as intermediary between them. [Ahmad]
But in the
case of mentioned above (giving bribe to take our right and defeat the evil) many
Islamic scholar allowed it until there is a better way to deal with it. In this
case, the one who sinned is the one who take the bribe and not the one who
briber as long as there is no other way to get their right or to defend against
the evil.
There is a
hadith that become reference in this case. Once upon a time there is a guy who
ask the prophet to give him the charity while he is not deserving it, and
Prophet Muhammad give him the charity to him. In the other hand, Prophet said “Indeed,
some of you come out with the charity from me on his armpits, even though it is
hell fire for him”. Then Umar said “O Prophet, how you still give it to him,
and you know it is hell for him?”. The Prophet said “So what I have to do? He
refused to ask except from me, while Allah refuse me to be stingy”. Hadith
narrated by Imam Ahmad.
The
condition faced by Prophet Muhammad made him give it the charity to the one who
does not deserve it while Prophet knew it will become hell for him. In this
case, defeating evil and taking our right is more priority (qiyas aulawi).
In the other approach, bribing to get the right and defeat evil can also
meaning we buy the truth.
Book reference:
1. Yusuf
al-Qardhawi, Halal wa al-Haram, page 288.
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