Money Politics, Gifts or Bribes?

Giving gifts is an act that is highly recommended in Islam because it can foster feelings of affection. However, in a political or campaign context, giving goods, money or facilities to potential voters is often claimed to be a “gift” or “alms”.

Is this claim true?

What is the jurisprudence regarding this matter? Is it still a free gift or has it changed to risywah (bribe)?

Gift facts and risywah in jurisprudence

Understand the difference between sunnah gifts and risywah (bribery) which is anathema is the main key in this problem. Legitimate, A gift is the giving of property to another person without compensation (‘iwadh) with the aim of ennobling and establishing affection.

This is as said by the Prophet sallallaahu ‘alaihi wa sallam,

Compromise and love each other

“Give each other gifts, you will love each other.” (HR. Al-Bukhari in Al-Adab al-Mufrad NO. 594)

As for risywah (bribery), then among the best meanings is the meaning conveyed by Imam Al-Jurjani God bless. As quoted by Sheikh Athiyah Salim in his book, “Ar-Risywah”, Imam Al-Jurjani God bless say,

What is given to cancel a right or to realize evil

“(Risywah is) sesomething given to cancel a right/entitlement or to justify falsehood.” (Book of Ar-Rishiwah, matter. 125)

Fiqh experts emphasize that the main point of difference lies in motive and impact. If the gift is intended to influence a decision concerning another person’s rights or to overturn the truth, then the gift is a bribe and not a gift.

In a political context, giving is rarely (or almost never) done except with the aim of getting the recipient to vote. So, this motive changes the status of the gift from “gift” to “bribe”.

Reasons for prohibiting bribery in money politics

Risywah (bribery) in politics is illegal and even brings God’s wrath Drug. Because:

There is a prohibition on consuming property carelessly

Allah Drug said,

And do not spend your wealth among yourselves unjustly, and do not lead it to the authorities to consume part of people’s wealth unjustly, even though you know.

“And do not let some of you consume other people’s property among you in a wrong way and (don’t) bring (the problem of) that property to the judge, so that you can consume some of other people’s property by (committing) sin, even though you know about it.” (QS. Al-Baqarah: 188)

Al-Hafizh Ibnu Katsir explains in his interpretation that this verse includes the act of giving bribes to authority holders in order to win a matter or take another person’s rights unjustly.

This of course applies in reverse, including the giving of “gifts (bribes)” by potential authority holders with the aim of influencing someone’s decision in determining their choice as well as the recipient’s reciprocal desire to side with the giver. In this case, an example is the desire for the recipient to vote for him in a political contest (election).

God’s curse on the giver and receiver risywah

Narrated from Abdullah bin ‘Amr May Allah bless him and grant him peacehe said,

Rasulullah SAW cursed people who gave bribes and people who accepted bribes.

“The Messenger of Allah, may God bless him and grant him peace, cursed the bribe giver and the bribe taker.” (HR. Abu Dawud no. 3580, Tirmidhi no. 1337, and Ibnu Majah no. 2313. Ratified by Sheikh Al-Albani in Sahih al-Jami’ NO. 5092)

The meaning of “curse” is expulsion from God’s grace. In the rules of ushul fiqh, any act that is threatened with anathema shows that the act is a major sin. (kaba‘And).

Why campaign rewards are categorized risywah?

Some might argue, “I gave this money as alms because they are poor people”; or, “This is a gift as a token of introduction.” However, from the perspective of jurisprudence, there are several strong reasons why this gift is still punished risywah (bribe):

There is an element of interest

A sincere gift is selfless, there is no desire in the heart except love and affection. Meanwhile, in a campaign, giving is done at a certain moment (election period) and is aimed at potential voters. This shows the desire and intention for the recipient to respond with a vote when voting. Ibn Al-Qayyim God bless in his book, Ar-Ruuh, say,

What differentiates gifts and bribes – even though the form is suspect – lies in the intention. The intention of the bribe giver with a bribe is to achieve the invalidation of a right or the realization of a falsehood. This briber was cursed on the tongue of the Messenger of Allah – may God bless him and grant him peace – so if he bribed to expel injustice from himself, then only the briber was chosen to be cursed.

As for Al-Mahdi, his intention was to attract love, knowledge and virtue. If his intention is to get a reward, then he gets a reward, and if his intention is to get something, then he is generous.

“The difference between a gift and a bribe – although similar in form – lies in the intention. What is meant by bribery is bribery carried out to revoke and cancel a right or support falsehood. People like this were cursed through the mouth of Rasulullah SAW. If he bribes to reject injustice from himself, then only the recipient of the bribe is cursed.

As for the person giving the gift, the aim is to attract love, acquaintances and good deeds. If he intends to get a reward, then he is a person who is full of calculations in his giving. If he intends to seek profit, then he is a greedy and selfish person.”

Voter status as “testifier” (trust)

In the electoral system, Every vote is a form of testimony from voters that the candidate is worthy of leading. Selling votes is the same as giving false testimony because of fees and assets. Meanwhile Allah Drug said,

So avoid abominations towards idols and avoid speaking lies.

“So stay away from unclean idols and stay away from lying words (false testimonies).” (QS. Al-Hajj: 30)

There are rules “Sad Adz-Dzarai” (closing the gap of damage) in Islamic law

Even if someone claims that he is only giving “transportation money” without forcing people to vote for him, Islam still prohibits it. This is to close the doors and loopholes for manipulation of the leadership system. If this door is opened, then positions will only be occupied by rich people, not competent and devout people.

Providing leadership candidates to voters who meet the criteria “hadaya al-ummal” (gifts for officials/employees)

As in the hadith of Ibn al-Lutbiyyah, where the Prophet rebuked the zakat officers who received gifts by saying,

Doesn’t he sit at his mother’s or father’s house and see whether he is given a gift or not? None of you will carry anything unless he brings it on the Day of Resurrection. If it were a camel, it would groan, or a cow, it would moo, or a sheep, it would bleat. Then he raised his hands so that he could see the purity of his armpits, then he said. Oh my God, have I delivered the message? Oh my God, have I delivered the message?

“Why doesn’t he just sit at his father’s or mother’s house and see whether he is given a gift or not?”

Then he continued, “None of you will come with anything from it (property to which he is not entitled), unless he will come with it on the Day of Resurrection. If it were a camel, it would have a roaring sound; or a cow, it will have a mooing sound, or a sheep bleats.”

Then he raised his arms until we saw the white part of his armpit. Then she said, “Oh my God, have I given birth? Oh my God, have I given birth?” (HR. Abu Dawud no. 2946)

The logic is: If the candidate is not running, will he give the money/goods to the community? If the answer is “no”, then the gift is purely due to position/vote factors, which means it is haram.

What if we have already accepted?

This is a question that comes up frequently. If someone has accepted the money out of ignorance or economic compulsion, what should he do?

1) Repent to God: Regrets his actions and is determined not to do it again.

2) Don’t get attached to the giver: Even though you have received the money, don’t feel obliged to vote for the person if they are not worthy. The obligation to vote for the best and most trustworthy person takes precedence over simply “retribution” for disobedience.

3) Cleaning property: The cleric suggested that the money he received be channeled for public benefit (public facilities), not for personal needs, because its status is treasure that is haram in terms of the way it was obtained.

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Money politics destroys the order of justice. As Muslims, we are commanded to maintain our trust. Our voice is a mandate, and our position is a burden that will be accounted for in the afterlife.

Rasulullah sallallaahu ‘alaihi wa sallam warn,

Whoever employs a man from a group, and in that group there is someone more acceptable to Allah than him; He betrayed God, betrayed His Messenger, and betrayed the believers.

“Whoever appoints someone to lead from a group, even though in that group there is someone who is more pleasing to Allah than him, then indeed he has betrayed Allah, His Messenger, and the Muslims.” (HR. Al-Hakim in his book Al-Mustadrak ‘ala As-Shahihain NO. 7218. He said: This is a hadith which has an authentic message, but they (Imam Bukhari and Muslim) did not narrate it.)

Let’s protect ourselves and our families from haram wealth. Don’t let us exchange God’s extensive mercy for a few temporary rupiah.

By Allah, Ta’ala.

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Writer: Muhammad Idris, Lc.

Article Muslim.or.id