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I have a client who has asked for commission from our company in order to give us the yearly contract for their hospital systems maintenance.

If I don't give it to him, then he will definitely approach some other company and almost all companies here give commissions to the clients in order to get the contracts.

Question 1. Is it halal in Islam that we can give commission to our clients in order to get a contract?

Question 2. Is it halal in Islam that, instead of commission, we give them a gift as 'in kind' to build business relationship with the client?

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    This is more like a bribe to get the contract. The term commission doesn't seem to fit here. – itsols Feb 18 '14 at 16:07
  • What exactly do you mean by "give commission"? – goldPseudo Apr 5 '14 at 2:24
  • why the costumer should should buy this company? if this is best choice then no commission is needed. changing name does not solve anything. entity of deed is important. – Battle of Karbala Apr 5 '14 at 15:20
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We better to be realistic, it's just bribing!! For sure haraam!

  • Anything given to someone so that he uses his position to get us something we want is bribing. Gift is something we give without any expectation.
  • It is not justice that if someone has money would be able to get a position that other poor but better people would not be able to get.
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                                     In the name of God

This is not giving commission. The term "bribery" better defines this action. In such contracts, the only thing which must be noted is to consider whether the company deserves to be given the contract or not. So, it is not permissible for the employees to get such money for the job they have been hired to do and for which they receive a salary. Nor is it permissible for the customers to entice the employees by tipping them to finish their business because this practice is bound to spread corruption.

Allamah Sayyid Muhammad Husayn at-Tabataba'i writes in his Islamic Teachings in Brief:

bribery

Receiving money or a gift in return for a judgment or for the accomplishment of a task which is the duty of the receiver is called bribery.

Bribery is a mortal sin in Islam. The person who commits this sin is deprived of many social privileges of religion (justice) and deserves Allah's punishment. This matter has been specified in the Holy Book and the ahadith.

The Holy Prophet (S) has cursed tile givers, receivers, and the mediators of bribe.

The sixth infallible Imam (as) also states: "Receiving bribe for administering justice equals blasphemy to Allah".

Surely, all these reproachments apply to the bribe taken for the judgment of truth or for administering justice. The sin of the bribe taken for the judgment contrary to truth and for unjust deeds is far greater and its retribution is much severer.

Bribery is allowed only in the case that you want to get to your right (in a way that other's right is not ignored).

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For sure it's Haram.
But, sure you can send gifts to your clients, or take all of them to a dinner when there is an occasion.
This should not be just right before contract signing, you can do this after contract signing, as an appreciation from you, or after sometimes when there is an occasion.

For thus who don't understand why it's Haram, or don't believe that, here is a reference from a trusted source (It’s in Arabic, but you can translate it)
http://fatwa.islamweb.net

  • Anyone you referred to? Please mention some references or sources that made you conclude to the above opinion . Our personal views shouldn't force anyone to believe the right thing wrong or the wrong thing right.. – Hypothetical Ninja Apr 5 '14 at 3:40
  • Are you kidding! How do you consider this as personal opinion, its a bribe and bribe is Haram. Here is a reference from a trusted source (Its in Arabic, i don't know if you can read Arabic, but you can use a translator) fatwa.islamweb.net/fatwa/… – ITProStuff Apr 5 '14 at 10:27
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According to the teachings of Islam it is haraam, whether call it commission, gift, etc caause because of the intention of the giver-to get something in return which he/she may not deserve. Even Shakespear stated that calling a rose by another name does not change it-the inverse is true, calling a rose something that has bad smell or taste, does not make it a rose. And Allah knows best.

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