It is not permissible (1) to take any money (2) from a person guilty of illicit sexual intercourse, a thief, a highway robber, or anyone similar in exchange for waiving the prescribed punishment—whether for the public treasury or for anyone else. Money taken to waive a prescribed punishment is foul, unlawful gain. If one in authority does this, he combines two grave evils:
The first is waiving the prescribed punishment, and the second is consuming unlawful gain. He thereby abandons an obligation and commits a forbidden act. Allah Most High says, “Why do the rabbis and religious scholars not forbid them from saying what is sinful and devouring unlawful gain? How wretched is what they have been doing!” [al-Māʾida: 63]. He also says concerning the Jews, “They are avid listeners to falsehood and devourers of unlawful gain” [al-Māʾida: 42]. This was because they consumed unlawful gain through bribery, known as al-birtīl (3), though it is sometimes called a “gift” or given other names. Whenever one in authority consumes unlawful gain, he will have to listen to lies, including false testimony and the like. The Messenger of Allah (peace and blessings be upon him) cursed the briber, the bribe-taker, and the intermediary—the person who goes between them. This was narrated by the compilers of the Sunan collections (4).
It is related in the two Sahih collections (5) that two men brought their dispute before the Prophet (peace and blessings be upon him), and one of them said: