Are Commissions for Government Officials Permissible?

Question,

Ustadz, we submitted a proposal to the government. Around 20 million (IDR) is almost ready to be disbursed. However, a person in the government office is asking for a 10% commission or share of the proposal funds. What is the ruling for us on giving that 10% share, Ustadz? Considering their job or duty there is specifically to manage and disburse proposals. He is even an employee there and serves as the head of his division.

Answer,

If he is an employee there or a civil servant who receives a regular monthly salary, then his request for a commission is considered ghulul (misappropriation/breach of trust), and if he required it from the beginning, it falls under risywah or bribery. Regarding ghulul, it is based on the words of the Prophet ﷺ:

مَنِ اسْتَعْمَلْنَاهُ عَلَى عَمَلٍ فَرَزَقْنَاهُ رِزْقًا، فَمَا أَخَذَ بَعْدَ ذَلِكَ فَهُوَ غُلُولٌ

"Whomever we have appointed to a job and provided with a provision (salary), then anything he takes beyond that is ghulul." (Narrated by Abu Dawud: 2943 from Buraidah bin Al-Hushaib Al-Aslami)

Mulla ‘Ali Al-Qari stated regarding this hadith:

وَالْفَرْقُ بَيْنَ الرِّزْقِ وَالْعَطَاءِ أَنَّ الْعَطَاءَ مَا يَخْرُجُ لِلْجُنْدِيِّ مِنْ بَيْتِ الْمَالِ فِي السَّنَةِ مَرَّةً أَوْ مَرَّتَيْنِ، وَالرِّزْقُ مَا يَخْرُجُ لَهُ كُلَّ شَهْرٍ

"The difference between provision (rizq) and al-‘atha (grant) is that al-‘atha is funds issued for a soldier from the baitul mal (state treasury) once or twice a year, while rizq is funds issued for him every month." (Mirqah Al-Mafatih, 6/2433) (1)

Qadhi ‘Iyadh stated:

وَكُلُّ خِيَانَةٍ غُلُولٌ لَكِنَّهُ صَارَ فِي عُرْفِ الشَّرْعِ لِخِيَانَةِ الْمَغَانِمِ خَاصَّتِهِ

"Every act of betrayal is ghulul, but in the terminology of the Shari'a, ghulul has specifically come to refer to betrayal regarding war spoils (al-maghanim)." (Masyariq Al-Anwar, 2/134)

Imam Al-Munawi said regarding this hadith:

أَيْ أَخَذَ لِلشَّيْءِ بِغَيرِ حِلِّهِ فَيَكُونُ حَرَامًا بَلْ كَبِيرَةٌ

"Meaning, if he takes something unlawfully, it becomes haram—in fact, a major sin." (Faydh Al-Qadir, 6/56)

It is narrated from the Prophet ﷺ in another report:

هَدَايَا الْعُمَّالِ غُلُولٌ

"Gifts to employees (officials) are ghulul." (Narrated by Ahmad in Al-Musnad: 23601 from Abu Humaid As-Sa’idi)

Regarding ghulul, it is a major sin. Allah says concerning it:

وَمَنْ يَغْلُلْ يَأْتِ بِمَا غَلَّ يَوْمَ الْقِيَامَةِ

"...And whoever betrays (takes ghulul), he shall come with what he took on the Day of Resurrection..." (QS. Ali-Imran: 161)

Gifts for employees who are already paid a monthly salary are considered ghulul or an act of betrayal because, in essence, providing service is part of their job for which they are already compensated. Meanwhile, the proposal funds are not his right; they are the right of the citizens who applied. If he asks for a portion of it, he is asking for what is not his. This is where the act of betrayal lies, which is why it is called ghulul. If he were trustworthy (amanah), he would perform his duties to the maximum as a requirement and exchange for the salary he receives every month.

Therefore, it is originally forbidden to give that 10% share to him even if he does not ask for it. If he asks for it, it is even more forbidden. If he makes it a requirement from the start, it falls under risywah or bribery. The companion Abdullah bin Amru said:

لَعَنَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الرَّاشِي وَالْمُرْتَشِي

"The Messenger of Allah ﷺ cursed the one who gives a bribe and the one who takes it." (Narrated by Abu Dawud: 3580, At-Tirmidzi: 1337, and Ibnu Majah: 2313)

The companion Abdullah bin Mas’ud said:

الرِّشْوَةُ فِي الْحُكْمِ كُفْرٌ، وَهِيَ بَيْنَ النَّاسِ سُحْتٌ

"Bribery in judgment is disbelief (kufr), and among the people, it is suht (forbidden wealth)." (Reported by At-Thabarani in Al-Mu’jam Al-Kabir, 9/226)

Imam Az-Zamakhsyari said:

الرِّشْوَةُ وَالرَّشْوَةُ: الْوَصْلَةُ إِلَى الْحَاجَةِ بِالْمُصَانَعَةِ

"Risywah or Rasywah: achieving a need through mutual fabrication (manipulation)." (Al-Faiq fi Gharib Al-Hadits, 2/60)

Conclusion

Whether he asks for it or not, and whether he requires it from the beginning or not, it is forbidden to give him that 10% share. Giving him that commission is equivalent to perpetuating a culture of betrayal in this country or participating in popularizing the tradition of bribery, which is filthy, impure, and loathsome—cursed by Allah and His Messenger ﷺ within the government.