Praise be to Allah, the Lord of all that exist, Blessing and Peace be upon the trustworthy prophet, to his family and companions and those who follow them in performing good deeds until the day of resurrection. Then after that:
Due to many requests received by ARMM-Regional Darul Ifta’ of the Philippines to issue an Islamic Opinion on Bribery, the muftis of Darul Ifta’ conveyed their third en-banc meeting held in Cotabato City on 26/1/1437 H corresponding to 8/11/2015 G.
The committee met to review the researches presented and drafted the proposed fatwa, after a thorough study and review, the ARMM Regional Darul Ifta’ in the Philippines issued the following:
Bribery is considered as among the cause of moral deterioration, spreading of calamities on earth, it contains factors that ruin individuals and community religiously, morally, socially and economically.
Among the best definition of the word “bribery” is what Jurjiani’s said:” what offers to make the false right or to make the right false) which is the nearest to what the Holy Qur’an refers in Surah al-Baqarah, verse-188, Allah said:
” And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving), nor give bribery to the rulers (judges) before presenting your cases) that you may knowingly eat up a part of the properties of others sinfully”. Al-Baqarah-188.
This verse is general in prohibiting eating up of other’s property unlawfully in whatever way and character especially in bribing the rulers to eat up a part of the others property sinfully.
The clearest hadith phrase on bribery is the hadith narrated by Abdullah bin Omar-may Allah be pleased with them both –in five (hadith books), he said: the messengers of Allah peace be upon him said:” Allah’s curse is upon the one who bribes and the one who accepts it”. And Thauban’s hadith narrated by Ahmad in its meaning, he added the term “Ar-Rais” meaning the one who is meddling between the bribing and the one accepting it, he is adding that and reducing that. Also, Abu Hurairah’s hadith adding the term “FilHukm” in rendering court decision”. Reported by Ahmad and Abu Dawod.
The origin of bribe prohibition is in rendering court decision because one of the parties in the case bribing the judge by giving valuable gift or paying some amount of money to issue the decision in his favor. The jurists included on that, all things that can make the false right or make the right false among others is vote buying in the elections.
In consideration of aforesaid, the Regional Darul Ifta sees that vote buying in elections is falling under bribery which Allah cursed the briber, the receiver and the middle man between them if it is meant to make the right false and the false right, contrary to what is paid to achieve the right or paid in compensation of an injustice because these are not considered bribe.
Bribery in elections is prohibited, its middle men are committing sinful act, because it is in the form of prohibited bribe in Islamic law; all concern shall avoid this unethical act and stand united together in combating it, because Allah commands honesty and to elect the good leader, prohibits bribery, dishonesty, shameful ethic and spreading corruption on earth.
Allah the Almighty knows best, His Blessings and Peace be upon our prophet Muhammad ﷺ to his family and companions.
Signed by Darul Ifta’ members in Zamboanga City on 12/29/2015.
Darul Ifta Members:
(SGD) Dr. AboulkhairS. Tarason
(SGD) Morad T. Amanoddin
(SGD) Sharif JulAsiri J.Abirin
(SGD) Abdulgani A. Alawi
(SGD) Samsodin M. Dimaporo