Question
Mr. Mufti! As far as I know, the government invites tenders for the purchase of saplings at different times under the tree planting program. The government gives priority to those who submit tenders at the lowest rate within the stipulated time. In this case the matter is that if there is an opportunity to collect the desired amount of saplings from different nurseries for ten rupees, then the application is submitted with a profit of Rs. 12 plus Rs. 12 for each sapling. But in order to get the application approved by the government, the concerned officials at this stage attached two more rupees and said that the price of the tree would be 14 rupees in the tender. As a result, the government has agreed to pay exactly 14 rupees per tree. But I get 12 rupees. The remaining two rupees are deducted by the officers as commission fee for ancillary work. In some cases, the lowest rate is 14 taka given by me among others who have submitted tenders. The rest may be 15 rupees or more. In this case, if I agree to pay two rupees per tree outside the actual price, the workers are interested in giving priority to my application. So do I have the opportunity to accept the tender subject to this condition? Especially when my rate is comparatively lower than others. Besides, even if I don't take this tender, I will give it to others on the condition of paying similar commission ?! 8651922151
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
In the case in question, the condition of giving commission to the people concerned is not permissible, which includes bribery. And it is not permissible to give or take bribes. Everyone takes it this way, or even if they don't take it themselves, others will take it this way - it would not be permissible to submit a tender with a bribe on these pretexts. And it is completely illegal for the concerned officials to take the two rupees. This is a way of eating the wealth of others unjustly, which is forbidden in the Qur'an. Because, performing all the office work is the general responsibility of all these officers. For this they get salary and allowance. The condition for paying extra money for this is to demand a bribe. And the hadith has come, Abdullah bin Amr. Said- Cursed be the Messenger of Allah, may Allah bless him and grant him peace, and peace be upon him. Allah's Messenger (peace and blessings of Allah be upon him) cursed both the bribe-giver and the bribe-taker. -Jame Tirmizi, Hadith 1338 Therefore, it is obligatory to refrain from engaging in such business. Note that the real thing to do in these cases is to voluntarily refrain from giving commission whatever else you do. How to get tenders without commission - to adopt that approach. In this way, if everyone does it at the individual level, mass awareness will be created gradually. If we can build a social boycott against all such unjust transactions including tender trade, change will come one day, InshaAllah. 3127129892
- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
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Source
- আলজামে লি আহকামিল কুরআন,কুরতুবী, Part: 2, Page: 225
- ফাতহুল কাদীর, Part: 6, Page: 371
- রদ্দুল মুহতার, Part: 5, Page: 362
- শরহুল মাজাল্লা, আতাসী, Part: 6, Page: 41
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