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).”
Author: Ustadz Aris Munandari, S.S., M.PI.
Article of www.syaria.com