Date : 02-07-2023

Question :

A tax consultant and auditor who is working for a certain company demanded an increase to his fees, so the company commissioned the Financial Manager to handle that matter. However, the latter asked the consultant to pay him a sum of money in return for approving that increase. What is the ruling of Sharia on this?


The Answer :


All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.


 


It is forbidden for an employee to take money for personal benefit, especially in connection to his work, for this is a door for corruption and evil as far as the job and its responsibilities are concerned. Narrated Abu Humaid As-Sa`idi: Allah's Messenger (PBUH) employed an employee (to collect Zakat). The employee returned after completing his job and said: "O Allah's Messenger (PBUH)! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet (PBUH) said to him: "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Messenger (PBUH) got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said: "Now then! What about an employee whom we employ and then he comes and says: "This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet (PBUH) added: "I have preached you (Allah's Message)." Abu Humaid said: "Then Allah's Messenger (PBUH) raised his hands so high that we saw the whiteness of his armpits." [Bukhari].


 


In addition, Buraida reported the Prophet (PBUH) as saying: “When we appoint someone to an administrative post and provide him with an allowance, anything he takes beyond that is unfaithful dealing." [Abu Dawood]. It was narrated from Ahmad Ibn Hanbal that the Messenger of Allah said: "Gifts given to an employee beyond the allowance provided to him is unfaithful dealing." This is one of the most evident proofs in this regard.


 


In conclusion, it is forbidden for the Financial Manager to take any sum to his personal benefit and it is also forbidden for the tax consultant to give him that. This is since Almighty Allah Says (What means): "Help one another to righteousness and piety; do not help one another to sin and enmity." [Al-Mai`dah/2]. And Allah And Allah, The Most Exalted Knows Best.