عنوان مقاله [English]
“Bribery” and to “receive any item of value” from some one to defend him and to infringe or deny the rights of others is unlawful and against the shari'ah (Islamic law) and the law and all Islamic religions hold that it is unlawful; In another word, there is consensus among Muslims regarding this rule. Undoubtedly, one who conducts bribery performs an unlawful act. In some cases bribery does not infringe or deny the rights of others, rather it restores the actual rights of some one. Given that, it will not render the bribe lawful for the bribe recipient. But a question arises here as to whether the act of bribe-giver for restoration of his right is also unlawful and forbidden? Sometimes there is no way but to give bribe to restore one’s right and sometimes there are other ways too. It is understood from the review of the arguments, proofs, and the viewpoints of the jurisprudents in this article that in the case that there is no way but to give bribe for the restoration of right, bribery is lawful for bribe-giver to the extent that it is necessary, but it is unlawful for the bribe-recipient.