Praise be to Allaah.
Firstly:
Bribery is a major sin, because of the report narrated by
Ahmad (6791) and Abu Dawood (3580) from ‘Abd-Allaah ibn ‘Amr (may Allaah be
pleased with him) who said: The Messenger of Allaah (peace and
blessings of Allaah be upon him) cursed the one who gives a bribe and the
one who takes it. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel
(2621).
So if you can get the work done without paying a bribe, then
it is haraam for you to pay it.
Secondly:
If a person who has a right cannot get his right except by
paying a bribe, then the scholars (may Allaah have mercy on him) have stated
that it is permissible for him to give the bribe in that case, and the
prohibition applies to the one who takes it and not the one who gives it.
They quoted as evidence for that the report narrated by Ahmad (10739) from
‘Umar ibn al-Khattaab, according to which the Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “One of them asks me for
something and I give it to him, and he goes out with it, carrying it under
his arm, and it is nothing but fire for him.” ‘Umar said: O Messenger of
Allaah, why do you give it to them?” He said: “They insist on asking me, and
Allaah insists that I should not be stingy.” Classed as saheeh by al-Albaani
in Saheeh al-Targheeb, 844.
The Prophet (peace and blessings of Allaah be upon him)
gave money to these people even though it was haraam for them, so as to ward
off any accusation of stinginess from himself.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: If he gives him a gift so that he will refrain from wronging him or so
that he will give him his rights, this gift is haraam for the one who takes
it, but it is permissible for the giver to give it to him, as the Prophet
(peace and blessings of Allaah be upon him) said: “I give a gift to one
of them…” End quote from al-Fataawa al-Kubra (4/174).
He also said:
The scholars said: it is permissible to give a bribe to an
official so as to ward off mistreatment, not to make him withhold a right,
but his taking the bribe is haraam. For example, if a man gives something to
a poet or someone else so that he will not tell lies about him in verse or
otherwise, or so that he will not say something about his honour that it is
haraam for him to say, it is permissible for him to give that to him, but
what he takes so that he will not wrong him is haraam for him, because he
should not wrong him anyway.
Everyone who takes money so that he will not tell lies about
people or so that he will not mistreat them, all of that is haraam earnings,
because wronging and lying are haraam anyway, so he should refrain from them
without any compensation that he takes from the one who has been wronged. If
he does not refrain from doing that unless he is paid, then this is haraam
earnings. End quote.
Majmoo’ al-Fataawa (20/252)
He also said (31/278):
The scholars said: The one who gives a gift to the one who is
in authority so that he will do something for him that is not permissible,
it is haraam for both the one who gives it and the one who takes it. This is
the kind of bribe of which the Prophet (peace and blessings of Allaah
be upon him) said: “Allaah has cursed the one who gives a bribe and the one
who takes it.”
But if he gives him a gift so that he will refrain from
wronging him or so that he will give him a right that is his due, then this
gift is haraam for the one who takes it but it is permissible for the giver
to give it to him. The Prophet (peace and blessings of Allaah be upon
him) used to say: “I give one of them something and he goes out with it
under his arm, but it is fire.” It was said: O Messenger of Allaah, why do
you give to them? He said: “They insist on asking me, and Allaah insists
that I should not be stingy.”
An example of that is giving to one who wrongs the people; it
is permissible for the giver to give to him, but it is haraam for him to
take it.
With regard to giving in the case of intercession, such as
when a man intercedes with the authorities to ask that a wrong be stopped or
so that he may be given his rights or be appointed to a position that he
deserves, so that he will be enrolled in the armed forces – and he deserves
that – or so that he will be given money that comes from a waqf for the poor
or fuqaha’ or students of Qur’aan or pilgrims and so on – and he is entitled
to that – and other types of intercession which help people to do obligatory
actions or to avoid haraam actions, in this case too it is not permissible
to accept the gift, but it is permissible for the giver to give whatever
will enable him to take his rights or ward off mistreatment. This is what is
narrated from the salaf and the major imams. End quote.
Taqiy al-Deen al-Subki (may Allaah have mercy on him) said:
What is meant by the bribe that we have mentioned is what is given so as to
ward off a right or obtain something falsely. If it is given in order to
attain one’s right, then the prohibition applies to the one who takes it.
But if the one who gives it cannot attain his rights except by this method,
then it is permissible, but if he can attain his rights without it, then it
is not permissible.
Fataawa al-Subki, 1/204
Al-Suyooti said in al-Ashbaah wa’l-Nazaa’ir (p. 150):
The twenty-seventh principle: “What is haraam to take is also
haraam to give”, such as riba, the wages of a prostitute, the fee of a
fortuneteller, bribes, and payments to wailers and musicians.
Some kinds are exempted, such as bribes paid to rulers in
order to attain one's rights and free prisoners, and giving something to one
whose slander in verse one fears. End quote.
Al-Hamawi (Hanafi) said in Ghamz ‘Ayoon al-Basaa’ir:
The fourteenth principle:
“What is haraam to take is also haraam to give”, such as
riba, the wages of a prostitute, the fee of a fortuneteller, bribes, and
payments to wailers and musicians,” except in certain cases:
1 – A bribe when one fears for one's wealth or oneself.
This applies to the giver, but for the one to whom it is
given it is haraam. End quote.
It says in al-Mawsoo’ah al-Fiqhiyyah:
In al-Ashbaah by Ibn Nujaym (Hanafi) and in
al-Manthoor by al-Zarkashi (Shaafa’i) it says: “What is haraam to take
is also haraam to give”, such as riba, the wages of a prostitute, the fee of
a fortuneteller and bribes given to a judge so thate will pass an unlawful
judgement, except in certain cases, such as a bribe given when a person
fears for himself or his wealth, or in order to free a prisoner, or for one
whose slander in verse one fears.
Dr. Wahbah al-Zuhayli said: If a bribe is the only means of
attaining a lawful purpose, then it is permissible to give it in cases of
necessity, but it is haraam for the one who takes it. End quote.
Conclusion:
It is permissible for you to give a bribe and it is haraam
for the official who takes it, but there are two conditions:
1-
You should be giving it in
order to take your rights or to ward off harm from yourself. But if you are
giving it in order to take something to which you are not entitled, then it
is haraam and is a major sin.
2-
There should be no other means
of obtaining your rights or warding off harm from yourself except this
bribe.
And Allaah knows best.