What legalizes the gift for the employee

The Lawful Bribe

What legalizes the gift for the employee

Gifts, given to the employee or worker is legal, as long as it fulfills several requirements below:

Firstly, the consumer’s gift is not a stipulation for the employee to serve him, which originally is his obligation. If the gift functions as stipulation for the service, then the gift will turn into a bribe. But if the consumer was forced to bribe to get his right then the sin is not his, but it belongs to the employee who stipulated and received it.

Secondly, what causes the consumer to give it is not the status of the receiver as an employee or a worker in that institution, because it is not allowed to give gifts because of the service given by an employee or a worker.

Thirdly, the gift doesn’t make its giver to be prioritized, rather than a more deserved person or party, and it also doesn’t cause its giver to obtain something that is not his right.

Fourthly, the existence of that gift is known and agreed by the company owner (the commissary), or whoever represents the commissary.

Reference: http://www.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&lang=A&Id=52923

Author: Ustadz Aris Munandar, MPi

Article of www.Syaria.com

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