Working with partners who offer bribes to obtain contracts
13-11-2017 | IslamWeb
Question:
Assalaamu alaykum. Our friends have a logistics services company. They asked me to extend that company and open a consultancy with the same name. Now, when I get the license for the consultancy, they will be our partners. All the transactions will take place only on my signature, and I will be signing the contracts. They (our friends) have good relations with companies whom we may get contracts from. The problem is that it is almost impossible to get a contract without bribing the contractee (one of the managers). So they talk with one of the committee members (managers) and give him a share in the benefits (for example, they give him 10% of the benefit for giving them a contract). In this case, is it allowed for me to work with them as a partner or not? Can I work with them as a subcontractor? Considering that all the the transactions will happen through my account and that I will be signing the original contract, can I work with them as an employee? In this case I will get a salary for the projects, but I will still be signing the contract with the project provider. With respect.
Answer:
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ʻalayhi wa sallam, is His slave and Messenger.
The condition for working with your friends in opening a branch for the company or working as an employee or subcontractor is that you do not get involved in any unlawful activities or help others commit them. Any work in the company wherein you get involved in unlawful activity or help others commit it is impermissible for you to work in. If you find work in the company that is free of these violations of the Shariah, then there is no harm in it.
If the consultancy extension involves engagement in what you mentioned of bribing company managers to accept cooperation with them and grant them the contracts and you cannot prevent them from doing this, then it is impermissible for you to take part in it lest you become a partner in sin; Allah, the Exalted, says (what means): {And cooperate in righteousness and piety, but do not cooperate in sin and aggression.} [Quran 5:2]
As for the ruling on working in this company as a subcontractor or otherwise, the condition stated at the beginning of the fatwa is what determines it.
Allah knows best.