Monthly Archives: February, 2013

A Little Gift for The Official

A Little Gift for The Official

Concerning Bribery

Little Gift

Rulings regarding gifts or presents to the official or authority are mainly discussed by the scholars in chapter about ruling for a gift presented to a judge. However, it also applies for all officials of a country, member of the parliament, etc.

In a book titled “Duror al-Hukkam fi Syarh Majallah al-Ahkam al-Adliyyah”: 13/95–98, it is mentioned that:

Ruling for receiving any gift presented by other due to the position held by one who received it is unlawful. The reason is when the Messenger of Allah knew that there was an employee of the bait-al mal (an institution that functions to collects zakat and the like from Islamic society and distribute it to the needy) who accepted a gift, he stood on his podium delivering his sermon and said,

“If he’s sitting at his mother’s and father’s house, will he get a prize?” (Narrated by Bukhari)

Also when Umar as the caliph knew that there was an employee of bait al mal who went back home bringing some gifts, he asked him, “Where did you get these stuffs from?”. He said that those are gifts. Hearing his answer, Umar recited in front of him the saying of the Prophet above, and he decided that those gifts were for the bait al mal.

Umar Ibn Abdul Aziz said,

إنَّ الْهَدَايَا كَانَتْ هَدَايَا فِي عَهْدِ الرَّسُولِ أَمَّا فِي زَمَانِنَا فَقَدْ أَصْبَحَتْ رِشْوَةً

“(The meaning of, -ed) A gift is a gift in the time of the Messenger of Allah, whereas in our time (the meaning of such gift, -ed) has changed into bribery.”

By these, it is not allowed (for the officials or authorities, -ed) to receive any gift from one who is not his friend nor his colleague (before he get his position, -ed) since such gift is a masked bribe.

All gifts taken by the authorities are similar in ruling as the gift received by a judge.
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