Bribery: Islamic Rulings on Purchasing Agents Taking Profits and Kickbacks
Practical Laws of Islam as per the teachings of Imam Khamenei
Bribery: Islamic Rulings on Purchasing Agents Taking Profits and Kickbacks
English:
Question #1247:
An agent has a job of purchasing goods for a governmental department or private company. He, in spite of the existence of various sources, refers to an acquainted one in this regard and makes a condition with the seller that in return for his buying from him he would share the profit.
1. According to sh ar‘, what is the ruling of making such a condition?
2. May the ruling differ in case that his boss or the superior official sanctioned this?
3. What is the view of the seller’s offering a price higher than the normal market price for the same good and making the deal accordingly?
4. If the seller gives a share to the purchasing agent, then what is the ruling concerning both the seller and the agent?
5. If, in addition to his job in the said department, the purchasing agent works in marketing for another company, and for the process of buying goods for this department he does marketing for the company, is he allowed to obtain a percentage of profit from the company?
6. If one has obtained a gain in one of the above mentioned ways, what is his Islamic duty regarding this money?
Answer #1247:
1. It is not in accordance with Islamic law and, so, it is void.
2. Because the permission of the boss or the superior official in this respect lacks any shar‘ī and legal validity, it is void.
3. Should the price be higher than the usual one in the market or he could buy the same for a lesser price from the market, the principle contract made is invalid.
4. It is impermissible. Besides, any money the purchasing agent receives for this purpose should be returned to the department he works in.
5. He has no right to receive any percentage and any money he received, he is obliged to deliver to the department for which he works as purchasing agent. Also, if the contract he made is against the interests of the department, it is originally void.
6. The illegal money he received should be given to the department he works in as a purchasing agent.