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Fatwa CenterPaying a bribe and over-charging fees
Question
Three months after the end of each fiscal year we file a tax return as a mandatory government requirement. After another 3-4 months we will return to the tax authorities for issuance of tax return and assessment order against our filed tax papers. The tax department staff took some money from us for the issuance of tax assessment orders. We are bound to pay this money, otherwise they will not issue the tax return and assessment order.
Is giving this money to tax department staff on their demand for the issuance of a tax assessment order considered a bribe? Is this a sin? What is the ruling if I give money to the tax department staff on another person's behalf?
Suppose I work on another person's behalf to have his tax papers issued by tax authorities, pay the extra amount to tax staff on their demand and charge back to that person an additional amount, i.e. the tax department charges only Rs. 500, but I charge Rs. 1000 to the person and tell him that tax department charged Rs. 1000. Is this correct? Is giving money on another person's behalf and getting extra money for myself ok or a sin? Is charging extra money without informing the person Haram and a sin?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Bribery that is forbidden in Shariah is the one that is given to deny justice or to enforce injustice.
As for what a person gives only to receive his rights or to avoid an injustice which cannot be avoided otherwise, it is lawful for the giver, while it is forbidden for the receiver and hence the briber commits sin not the person who gave him the bribe. Imam Ibn al-Atheer wrote: 'What is given to get a right or to avoid an injustice is not considered a bribe'.
You may act as an agent for others but the main condition for the validity of this service is fixing a known amount for the services. Therefore, you have to ask a certain amount from your friends against your services.
As for the practice you have been doing, i.e. taking the amount and cheating your friends it is a lie, and taking their money unjustly. Hence you have to give such amount back to them and should take a known amount for your services.
The author of Kasshaf al-Qina, a Hambali scholar, wrote in his book: 'Working as an agent against unknown wages is not valid'.
Allah knows best.
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