The Lawful and Unlawful In Regards

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The Lawful and Unlawful In Regards Bribery and Wasteful Spending

Taking a bribe is one way of consuming someone else's wealth wrongfully. A bribe refers to any kind of property which is offered to a judge or public servant in order to obtain a decision in favor of oneself or against a rival, to expedite one's own affair, or to delay that of one's competition, and so on. Islam has prohibited the Muslim to approach the officials of a government or their subordinates for the purpose of offering them a bribe; it has prohibited the latter to accept it; and it has prohibited that any third person should arrange matters between the givers and the takers of the bribe. Allah says: “And do not consume your property among yourselves wrongfully, nor seek access to judges by means of it in order that you may sinfully consume a portion of peoples' wealth, while you know (what you do).” (2:188)

The Prophet said in regards to Bribery: "Allah's curse is on the one who offers the bribe and on the judge who accepts it." (Ahmad, al-Tirmidhi) Thawban said, The Messenger of Allah cursed the one who offers the bribe, the one who receives it, and the one who arranges it. (Ahmad) If the recipient of the bribe accepts it in order to do injustice, his sin is the greater, while if he intended to do justice, it was his simple duty for which no payment was needed. The Prophet sent 'Abdullah bin Rawahah to the Jews to estimate what they owed as taxes on their palm trees. The Jews offered him some money as a gift. He told them, "What you have offered as a bribe is haram and we do not accept it." (Malik)

The intention of the Islamic Shari'ah is to prohibit bribery in any shape or form. Thus, referring to a bribe as a "gift" does not transfer it from the realm of the haram to that of the halal. A hadith states, “When we (the Prophet) appoint a person to a position, we take care of his provision. If he takes anything beyond that, it is an illegal gain. (Abu Daoud.) Caliph 'Umar bin 'Abd al-'Aziz was given a gift which he refused. On being told that the Prophet had accepted gifts, he said, "To him it was a gift, but to us it is a bribe."

The Prophet sent a man to collect zakat from the Azd tribe The Prophet sent a man to collect zakat from the Azd tribe. On returning to the Prophet he kept something for himself, telling the Prophet "That is for you and this is for me as a gift." The Prophet became angry and said: “If what you say is right, would these gifts have reached you if you had remained in your father's or your mother's house? He then continued, Why should a person employed by me say, 'That is for you and this is for me as a gift?' Did gifts reach him while he lived in his mother's house? By Him in Whose hand is my soul, no one takes something wrongfully without Allah's making him carry it on the Day of Resurrection. So let none of you come on the day of Resurrection carrying a braying camel, a mooing cow, or a bleating goat which he received in this manner.” He then raised his hands high in supplication and said, “O Allah, have I conveyed the message?” (Bukhari and Muslim.)

If someone finds himself in a situation in which all avenues of redressing a wrong done him, or recovering a right which has been forfeited, are blocked except through the payment of a bribe, it is preferable that he wait patiently until Allah opens to him a better way of redressing the wrong or recovering his rights Still, should he resort to bribery, the sin of it will not be on him provided he has tried all other lawful avenues Some scholars have deduced this from ahadith reporting that the Prophet gave charity to some people who were persistent in begging although, in fact, they did not deserve to receive charity. 'Umar reported that the Prophet said, 'One of you takes charity from me and carries it away under his arm, and it is (Hell)-fire for him.' 'Umar asked, 'O Messenger of Allah, how can you give it to him, knowing that it is fire for him?' The Prophet replied, 'What am I to do? They ask from me persistently, and Allah has forbidden me to be closed- handed.' (Abu Y'ala AND Ahmad.)

Just as the wealth of others is sacred and any violation of it, whether secret or open, is prohibited, in like manner a person's own wealth is sacred with respect to himself; he should not waste it by extravagant spending The Qur'an says, “Do not give your wealth, to the weak-minded, but feed and clothe them from it and speak to them words of kindness.” (4:5) In this ayah Allah refers to the wealth of the weak-minded as "your wealth," since the wealth of the individual is also the wealth of the ummah. Islam is the religion of justice and moderation, and the ummah of Islam is the "middle nation." The Muslim must be just in all his affairs. This is why Allah has prohibited to the Believers wastefulness and extravagant spending, as He has likewise prohibited them from greed and miserliness. Allah says: “O children of Adam, wear your beautiful apparel at every place of worship, and eat and drink but do not be wasteful; indeed, He does not like the wasteful.” (7:31)

Wasting wealth also means to spend it, in large or small amounts, on what Allah has prohibited, For example, alcoholic beverages, drugs, gold and silver utensils, and the like, or to squander it on things which are of no benefit either to oneself or others, since the Prophet prohibited the squandering of wealth. (Bukhari.) Giving away so much in charity that one has nothing left for the necessities of life also constitutes wasting of wealth. Allah says: “ ...They ask thee what they should spend (in charity). Say (Spend) what is beyond your needs....” (2:219)

So thus we learn: To offer Money or gifts to people of authority as a means of benefiting yourself or over turning a bad decision against yourself is considered bribery in Islam and is unlawful Also having nice things as a result of money is lawful in islam as long as we are not living above our means. To live above one's means is to waste one's wealth Also to purchase things that are not lawful is considered a form of wasting money and must be avoided.