چکیده:
The general prohibition of gift-giving bribery and extortion, and their serious consequences in administrative and economic structures, necessitates a precise examination of its various types. Gift-giving bribery and extortion are not limited to the judicial domain and are also raised in other cases. In non-judicial matters, two perspectives are subject to discussion: absolute prohibition and conditional prohibition. Supporters of the first view, by adhering to certain verses, the famous narration of the Prophet (PBUH), and consensus, argue for absolute prohibition; while supporters of the second view, by adhering to the apparent meaning of the narration of Imam Reza (AS), consensus, and tanqih al-manat, argue for the conditional prohibition of gift-giving bribery and extortion. In this article, while examining the arguments of both sides, the opinion of conditional prohibition of gift-giving bribery and extortion in non-judicial matters is ultimately preferred.
خلاصه ماشینی:
In contrast, later jurists, through insight into sources and jurisprudential evidences and the refinement of the locus of cause (tanqih al-manat) of certain verses and narrations, including the narration of Muhammad ibn Muslim from Imam al-Sadiq (AS), have examined this jurisprudential branch in a reasoned, clear, and detailed manner, issuing fatwas on its conditional, rather than absolute, prohibition.
The author of Riyadh considers bribery to be definitely forbidden in the chapter of judgment, but by contemplating the cited evidences and the explanation he provides under the cited narration, it can be said that he considers bribery in non-judiciary matters to be forbidden, not in an absolute sense, but in a detailed manner on the part of the bribed; because at the beginning of his speech, he considers the prohibition of bribery to be specific to a ruling and considers the reason for its prohibition to be based on consensus by mentioning several examples of evidence — which will be mentioned.
With the explanation that since the narration is mentioned, he adopts a detailed approach to the matter and considers the prohibition of bribery in non-judiciary matters to be specific to the bribed and not the briber, expressing his reason as follows: "In any case, giving or receiving a bribe from both sides, the briber and the bribed, is forbidden.
15: 32 _ 34) In examining his view, it can be said that as mentioned, the narration of Muhammad ibn Muslim proves the permissibility of bribery or at least can prove the principle of the existence of the ruling in non-judiciary matters, not its prohibition.
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