Can Bribery Be Allowed To Reclaim Stolen Rights?
Shafi'i Fiqh
Answered by Shaykh Irshaad Sedick
Question
Is it permissible to offer a bribe to reclaim one’s stolen rights when the other party is using bribery to escape justice?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
Bribery is strictly prohibited in Sacred Law, but certain exceptions exist, such as when one has no other option to get what is rightfully theirs, but even then, strict conditions should be observed.
The General Ruling on Bribery
Bribery (rishwa) is strongly condemned in Islam. The Prophet (Allah bless him and give him peace) said:
“May the curse of Allah be upon the one who gives a bribe and the one who takes it.” [Abu Dawud]
The Quran also warns:
“And do not consume one another’s wealth unjustly or send it (in bribery) to the rulers in order that (they might aid) you to consume a portion of the wealth of others unlawfully while you know (it is wrong).” [Quran, 2:188]
Based on the above and other evidence, taking and giving bribes are prohibited when used to secure what is not rightfully one’s own or to corrupt due process.
When Bribery Becomes Permissible for the Giver
Despite the general prohibition, scholars have acknowledged exceptions for the giver in cases of necessity, particularly when the person is attempting to obtain what is rightfully theirs and has no other means.
Taqiy al-Din al-Subki (Allah have mercy on him) explains:
“What is meant by the bribe we have mentioned is what is given to ward off a right or obtain something falsely. If it is given 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.” [Subki, Fatawa al-Subki]
Similarly, Imam Suyuti (Allah have mercy on him) states: “Bribes paid to rulers to attain one’s rights and free prisoners” are among the exceptions to the rule that what is haram to take is also haram to give. [Suyuti, al-Ashbah wa al-Naza’ir]
Application to Your Case
Based on the above, if:
- You are reclaiming a right that is definitely yours, and
- The legal or official channels have been corrupted or blocked (e.g., the other party uses bribery to avoid justice), and
- You have no other recourse except to offer a bribe,
Then you are not sinful for giving it, though the one who takes it is still condemned.
This falls under the principle of darura (necessity), which Sacred Law recognizes in alleviating hardship and preventing injustice.
May Allah bless and guide us all.
And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.
