Q 1: What is the ruling of Shari`ah (Islamic law) on
a man who is given money at work without his request or manipulation.
For example, a mayor or shaykh-ul-Harah (an official who acts as a liaison officer between a small subsection of a precinct and the local police station) may be given money by the inhabitants of his precinct to give them certificates. (Part No. 23; Page No. 549) Some may give him fifty riyals and others may give him more or less. Is it permissible for him to take that money? Is this money regarded as Halal (lawful)? Can we take the following Hadith as evidence of the permissibility of this? On the authority of
Salim ibn `Abdullah ibn `Umar
who narrated from his father
`Abdullah ibn `Umar
(may Allah be pleased with them) who said:
"The Messenger of Allah (peace be upon him) used to give me from Bayt-ul-Mal (Muslim treasury) and I would say, 'Give it to one who is more in need of it than me.'” He said, “Take it. If any of this wealth comes to you without your hoping for it or asking for it, take it and keep it. If you wish, then give it as Sadaqah (voluntary charity), and if nothing comes to you, then do not hope for it.”
did not ask anyone for anything and did not refuse anything given to him."
(Agreed upon by Al-Bukhari and Muslim)
I quoted this Hadith from the book entitled, "Dalil Al-Falihin." Is the money given to an employee without asking for it or using tricks to gain it regarded as Halal?
If the reality is as mentioned, giving money to this mayor is Haram (prohibited), because it is a bribe.The Hadith of
Ibn `Umar (may Allah be pleased with them) has nothing to do with this matter, (Part No. 23; Page No. 550) because it has to do with one who is given something from Bayt-ul-Mal by the one who is in charge of the Muslims, without asking for it or hoping for it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.