The definition of bail is:

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.

As we know, bribery is a major sin in Islam.

Narrated by Ahmad (6791) and Abu Dawood (3580) from ‘Abd-Allaah ibn ‘Amr (may Allaah be pleased with him) who said:

The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who gives a bribe and the one who takes it.

Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (2621).

To me, I think that it is kind of bribery as you are paying money to the court to get out of jail which in my opinion is a kind of bribery. The prisoner is bribing the court to release him.

Question: Is paying bail classed as bribery in Islam? Does it mean paying bail is a sin?

  • You thinking that bail is bribery does not make it bribery, a bribe in the Oxford dictionary is defined as "Dishonestly persuade (someone) to act in one's favour by a gift of money or other inducement." – Aboudi May 14 '17 at 19:35
  • Bail is not paid as a price to free a convicted criminal from prison. It is paid as a guarantee that an accused (possibly innocent) person will not run away while investigation is happening and is refundable when the investigation is complete ... this makes it very different from bribery. – UmH May 15 '17 at 4:38

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