Rulings reageding Bribing to Get a Job
Question: “I
found three opinions regarding is it lawful or not to give an amount of
money to certain people to get a job, whether it is given to private or
public company. First, it is lawful to do so. Second, it is lawful to
do so but with requirement that the applicant is qualified to work at
that field, his action doesn’t break other people’s chance, the job is a
legal one, and there is an urgent demand to work on that field. Third,
it is allowed in private institution with the requirements above, but it
is not allowed in state institutions. Which of three opinions is the
strongest? “Answer: The second opinion, which allows one to hand over an amount of money to get a job, with certain requirements already mentioned in the question, is the better and the closer one to the truth. whether in the private or the state institutions, By fulfilling the requirements, it is clear that the person is eligible for the position.
By that, money that he gave was unlawful for one who received it, but it was alright for the giver, because it was given to obtain his right proven by his eligibility to fill the position, and this bribery didn’t harm anyone. Giving a sum of money to the authority to eliminate other people’s right – based on private interest of those who gave their money- is an unlawful act, due to Allah’s decree,
وَلاَ تَأْكُلُواْ أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ
وَتُدْلُواْ بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُواْ فَرِيقاً مِّنْ
أَمْوَالِ النَّاسِ بِالإِثْمِ وَأَنتُمْ تَعْلَمُونَ
‘Do not usurp one another’s possessions by false means, nor
proffer your possessions to the authorities so that you may sinfully and
knowingly usurp a portion of another’s possessions. (Q.s. Al-Baqarah/The Cow:188)This verse is the reason why there are hadith which forbid people to give presents to the authority, because such present would trigger oppression and transgression of others’ rights.
Doing favor in sins is an unlawful action in shari’a, as mentioned in Allah’s decree:,
وَتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالعُدْوَانِ
“rather, help one another in acts of righteousness and piety, and
do not help one another in sin and transgression. Fear Allah: Surely
Allah is severe in retribution.” (Q.s. Al-Maidah/The Table Spread:2).”Source: http://www.ferkous.com/rep/Bi54.php
Author: Ustadz Aris Munandari, S.S., M.PI.
Tag :
fatwa
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