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Bribing The Municipality To Secure A Contract

Answered as per Hanafi Fiqh by Darulifta Azaadville

Question:

My business is in a particular field, wherein all of the income is from the government and municipalities. The municipality advertises the amounts they will pay for the service. And the bidders have to fulfill the criteria to be considered for the tender, we fulfill all these criteria. There is thus no real competition in the tender process. The bidders who pay the employees of the department get the more profitable contracts, and those who do not, get those contracts which are unprofitable. 

Will it be correct to pay these government employees, not to gain any unfair advantage in the process, but just so that we can be considered equally with the rest of the companies who apply for the tender?

If we do not pay anything to these employees then we will be greatly disadvantaged, as these departments unfortunately run on corruption.

Answer:

Allah Ta’aala has taken the sole responsibility of providing for every creation. This is mentioned in various verses of the Quraan Sharif, some of which we will quote below;

And do not kill your children for fear of poverty (fearing that you will become poor by providing for them.) We provide for you and for them as well.
[Verse 151;Surah 6]
 

The responsibility of sustaining every creature on earth rests with Allah.
[Verse 6; Surah 11]
 

Instruct your family to perform Salaah and (you) yourself must remain steadfast on it. We do not ask provision from you, but We provide for you.
[Verse 132; Surah 20]
 

How many animals do not carry their own provision (as man does)?(Despite this) Allah (still) sustains them and you as well.
[Verse 60; Surah 29]

Our sustenance has already been pre-written and we shall receive whatever is destined by Allah Ta’aala without any increase or decrease. Now, if we were unable to secure a municipal or government contract (for whatever reason) then this shouldn’t concern or worry us as Allah Ta’aala has taken the sole responsibility of providing for His servants. Therefore, trying to secure a contract through bribery is not permitted.

We as Muslims should firmly believe that if a particular contract is not secured (by us) then it was not meant for us, and on the contrary if it is meant for us then it will definitely reach us, even though others may attempt to secure it through corruption. In
conclusion, paying a bribe (which is Haraam) to secure a contract is not permitted. 

This answer was collected from the official Ifta website of Darul Uloom Azaadville, South Africa. Most of the answers are checked and approved by Mufti Muhammed Saeed Motara Saheb D.B.

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