Is accepting a gift by a judge permissible?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Accepting a gift is generally considered to resemble bribery (*rishwa*) because it is typically intended to sway the judge's heart toward favoring the giver in legal matters. Masruq stated that if a judge accepts a gift, they consume illicit earnings (*súht*), and accepting a bribe can lead to disbelief (*kufr*). Evidence supporting prohibition comes from the report of Abu Hamid al-Sa'idi, where the Prophet Muhammad (peace be upon him) strongly condemned an agent who took gifts, stating that anyone taking anything in such capacity will carry it on their neck on the Day of Judgment if it was an animal. The fact that the gift arises concurrent with the acquisition of authority indicates it is given for the sake of that authority, serving as a means to incline the judge towards the giver against the opponent.
Supporting text
If a gift was given to the judge prior to the assumption of office, accepting it after the appointment is permissible because its reason was not related to the authority. Al-Qadi recommends that the judge abstain from accepting gifts. If the judge realizes the gift is being presented in the presence of adversaries or during active legal deliberation, accepting it is forbidden, as it then constitutes a bribe. This prohibition is the position of Al-Shafi'i.