Analysis of Shafi'iyah Scholars' Thoughts On Bribery (Risywah)

This research was conducted to find out how to develop the bribery law by the Syafi'iyyah scholars who established the unlawful bribery law. However, in the study, some Syafi'iyyah scholars provided legal relief by considering the situation and circumstances. This research was conducted to answer the relevance of risywah practice for Indonesia today. This study uses a qualitative research method with a literature approach. The results of the study stated that in the current context, the practice of bribery is a natural thing to do in every aspect of life, especially in the bureaucracy because people definitely like it or don't like it.


A. INTRODUCTION
Risywah is a public crime (jarimatul 'ammah) that has become entrenched and common in our country. It is entrenched because it becomes a common thing in many lines of people's lives, from the official class to the people's class. In addition, risywah is considered normal because many people do it. Currently, many people do not care about doing risywah in transactions, work, and even in law for personal or group interests.
They assume that it is legal and even considered as lawful sustenance to be enjoyed. The mafia in this country can be above the law because of bribes that gag the mouths of judges who are fond of consuming illicit assets. The culture of Corruption, Collusion and Nepotism (KKN) in this country has become fertile because it is supported by a culture of bribery/risywah which is deeply rooted.
The biggest factor that causes this is the culture of risywah in the bureaucracy, which is often masterminded by unscrupulous individuals. On the other hand, risywah is often understood as a gift for an objective form of appreciation for closeness and love. However, people often do risywah under the pretext of giving gifts. Today is rife with gifts to employees, especially government employees, or gratuities. These prizes include giving money, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, tour trips, free medical treatment, and other facilities.
In the world of education, the phenomenon of risywah can occur between lecturers and students, especially about the acquisition of grades and graduation. So, often people do not understand and cannot distinguish between risywah and gifts. Indeed, this is one of the devil's most telling tricks. They change the name of something that is haram with a name that looks beautiful, such as risywah instead of a gift or parcel, usury is replaced with flowers, adulterers are replaced with commercial sex workers and others. Finally, the culture of risywah spreads because the perpetrators argue that they give gifts. Therefore, one should be careful (wara) in accepting gifts, especially for judges, officials, or anyone who has policies in an agency or institution. Therefore, how the scholars define risywah and how the scholars determine the law of risywah which according to jumhur is haram and it is permissible to carry out risywah acts under certain conditions and actions similar to risywah itself will be discussed in this paper.

B. METHODS
The type of research is library research, namely research procedures that produce descriptive data in the form of written or spoken words from people or observed behavior. Another term in law, this research is also called normative legal research. This research is qualitative and descriptive-analytic, namely managing and describing data systematically, understanding and analyzing data. After the data is collected, then proceed with the description of the data first. The approach used is juridical-normative, namely analyzing the system.

Meaning of Risywah
Scholars have defined risywah both etymologically and terminologically. In detail, the definition of risywah in language (etymology) Bribery in Arabic is called risywah. In Lisan al-Arab Ibn Mandzur mentions the word Abul Abbas related to the origin of the word risywah. 3 The word risywah is taken from the context of a baby bird sticking its head into its mother's mouth while asking for food in its mother's beak to be fed." As for in Mu'jam al-Wasith it is mentioned that the sentence risywah comes from a meaningful word. 4 According to Abdullah Ibn Abdul Muhsin, risywah is something given to a judge or a person who has the authority to decide something so that the person who gives obtains legal certainty or obtains his desire. 5 Risywah is also understood by scholars as giving something that is a tool of persuasion to achieve a certain goal. According to the MUI, bribery (risywah) is a gift given by one person to another (official) to approve invalid acid (not true according to sharia) or invalidate a right act. So, from the various definitions above we can conclude about the definition of risywah in terminology, namely: A gift either in the form of property or other objects to the owner of an office or policyholder/power to legitimize (or launch) the invalid and invalidate the right or benefit from the path that not illegal.

Quranic Verses and Hadith about Risywah
Risywah is a crime that is forbidden in Islam as well as a reprehensible act in human life. It is said to be a crime because it is in practice loaded with manipulation and cruelty towards others. In Al-Qur'an there are several verses that are directly related to risywah. The following are the verses about risywah: a. Surat Al-Baqarah verse 188.
Means: "Do not some of you eat up your property among yourselves in vanity, and do not you bring the business property to the judge, that ye may eat up from the property of others by (the way of committing) sin, while you know. " Quoting the opinion of Imam Asy-Syaukani in Fath al Qadir al Qurtubi explains: 6 "This verse is general for all people, as well as the prohibition of eating what is forbidden of all kinds of property. It is not exempted from the above prohibition other than that specified by the proposition about the permissibility of consuming the property. If there is a proposition that denies the prohibition, then he does not include taking it in a void way but in a right way. He consumes the property in a way that is lawful and not unlawful even if the owner is not willing as in the case of the debt settlement court when the debtor does not want to pay it and then is forced to pay it. Similarly, the handing over of property is obligatory for zakat and alimony of a person who has obligated according to syar "i. In essence, property that is forbidden by sharia to be taken from its owner, then it includes consuming property in an invalid way even if the owner is Means: "These are people who love to listen to lies and consume illegally. If they come to you, decide between them, or turn away from them. if you turn away from them then they will not harm you in the least. If you judge between them, judge between them with justice. Lo! Allah loveth the righteous.
Imam at Tabari in his commentary mentions the narration from Qotadah related to the asbabun nuzul of this verse, namely: 7 "(That this verse came down) relates to the judges of the Jews who always listen to lies and accept bribes." In interpreting this verse, Imam at Thabari said, Allah SWT said in this verse while explaining that such are the characteristics of the Jews that I (Allah SWT) attribute to you, O Muhammad SAW. Their nature is always to hear a lot of false words and lies. They said to each other, "Muhammad SAW is a liar and not a prophet. Among them, some said while lying, "Indeed the law of adulterers who have been married (muhsan) in the Torah is whipped and tahmim (not stoned), and other than lying and they receive risywah from it."

c. Hadiths of the Prophet about Risywah
In a hadith narrated: 8 Means: From Abu Huraira Allaah anhu, he said: Messenger of Allah sallallaahu 'alaihi wa sallam cursed the bribe giver and bribe takers in law.
And for an action similar to bribery (risywah) in a hadith narrated: 9 Once the Prophet sallallaahu 'alaihi wa sallam hired someone from the Banu Asad whose name was Ibn Lutbiyyah to take care of zakat. The man came and said, "This is for you, and this is a gift for me." Spontaneously the Prophet sallallaahu 'alaihi wa Sallam stood on the pulpit while Sufyan said with the editor' ascend the pulpit ', he worshiped and praised Allah and then said, "What is the matter with a zakat manager that we sent, then he came and said," This is for you and this is a gift for me! " Try to just sit in his father's house or his mother's house, and see if he receives a gift or not? For the sake of the Essence in which my soul is in His hands, it is not for a person to come with a gift like a worker before but he will come with him on the Day of Judgment, then he will carry the gift around his neck. If the gift he takes is a camel, then the sound of a camel will come out. If the gift he takes is a heifer, then the sound of a cow will come out. If whatis a goat, then the sound of a goat will come out. he is carrying then he raised his hands until we saw the white of his armpits while saying, "Know, did I not tell you?" (he repeated it three times)".
From these hadiths, it is clear that Rasulullah SAW did not only curse people who did risywah or bribes. Reprimands are also addressed to people who receive risywah. So, it is very clear that the law of risywah is haram for both those who give and receive it.

Methods of scholars in Establishing the Law of Risywah
Shafi'iin establishing the law of Shafi'i scholars has a stage developed by Imam Shafi'i that is that the basics of ijtihad which later became the foothold among Shafi'i scholars are as follows: 10 Zahir al-Quran as long as no evidence confirms that what is meant is not zahir, Sunnah of the Prophet, Ijma', Qiyas, (he rejected the policy of Istihsan and Istislah) and Istidlal. Imam Syafi'i is also known as a very critical scholar and he also did not use the Qaul sahabi as the basis of argument. Because the ijtihad of the companions has the possibility of being wrong. When the ijtihad of the companion happened to match the hadith that was developing at that time, then the companions were happy, but on the contrary when their ijtihad contradicted the hadith, then the companion abandoned his ijtihad and returned to the existing hadith.
As for the verse found in QS. Al-Maidah: 42 That the meaning of "shut" is the illicit property and while the result of risywah is illicit property due to al Qurtubi. 11 "illicit wealth" is called Suht's "Suht" because it eliminates and destroys obedience. called the illicit property "Suht" because it takes away honor.
Furthermore, in the hadith of the Prophet, it has been mentioned that "the prophet cursed bribes and bribe in the lawmakers" and the Prophet condemned acts that resembled risywah, namely giving gifts to officials sent by the Prophet to take care of zakat.

"Bribery is illegal according to the consensus", either for a qadhi / judge, for employees who deal with sadaqah, or otherwise. As Allah Ta "ala says," Let not some of you consume the property of others among you in a false way and (do not) bring (the matter) of the property to the judge so that you can consume part of the property of others with ( way of committing) sin when you know "
From the opinion of the Shafi'i scholars presented can be concluded that the act of risywah is illegal because of the way to get the property falsely, and therefore they agree that it is haram to act risywah with ijma ' and there is no difference of opinion among the scholars (jumhur).

Acts Similar to Risywah
There are several terms in shari'ah terminology that have a meaningful relationship with the term risywah. These terms will be mentioned as follows: 13 First, Mushana'ah. In al-Mu'jam al-Wasith it is mentioned, the word mushana'ah has the meaning of doing something for another person so that the person does something else for him in return for his treatment. The term mushana'ah is often used as a metaphor for risywah behavior. Classical scholars often refer to risywah with the term mushana'ah.
In line with the meaning put forward by Ibn al-Atsir who defines the risywah Second, Suht. Word "Suht" linguistically means everything bad from any form of business. While according to the terminology, such means any illicit property that should not be cultivated and eaten. It is said suht because this property can remove obedience and eliminate it. The word suht is mentioned in QS. al-Maidah: 42. The scholars of tafsir interpret the word suht which is a Jewish habit as risywah. However, the word suht is a word that is still common, that is, all kinds of illicit property that should not be taken and eaten, suht includes usury, bribes, confiscation, gambling proceeds, stolen property, prostitution fees, sorcerer's dowry, and all forms of property that obtained from a false path. While risywah is more special and is part of suht.
Third, Gifts A. A gift means something given to another person out of an attitude of glorification and love. It is said ahdaytu lahu wa ilaihi "I gave him a gift". And the meaning of At-tahaadi is to give gifts to each other and the jama'nya Hadaaya and Hadaawa is the language of the people of Medina. However, not all practices of giving and receiving gifts can be justified in the Shari'ah. Among the gifts that are not allowed in Islam are gifts given to policy controllers, holders of authority and authority, people in charge of public service, and judges who want to decide a case. This is due to the motivation and hidden purpose of the gift, which is to gain benefits, employment, protection, support, and help. If it is in that form, then it is no longer a gift as defined, but a form of bribe. Al-Qardhawi mentioned that naming a bribe with the term gift would not change its status from haram to halal.
Fourth, Grant. It is a gift given to someone without expecting a specific reward and purpose? The difference with risywah is that Ar-Raasyi is the giver of a bribe to give something because there is a specific purpose and interest, while Al-Waahib or the giver of a grant gives something without a specific purpose and interest.
Fifth, Shadaqoh. It is a gift given to a person because he expects pleasure and reward from Allah SWT. As well as zakat or infaq. The difference with risywah is that a person who gives alms gives something only because he expects the reward and the pleasure of Allah alone without the worldly element that he expects from the giving.

When Is It Possible to Do Risywah
The division of risywah can be divided into two, namely haram risywah and halal risywah. For the haram has been explained above and as for the type of risywah that the scholars, especially the Shafi'i scholars, namely Ibn Taymiyyah in his book majmu 'fatwa quote a hadith narrated by Imam Ahmad ibn Hanbal that the Prophet once gave a sum of money to people who always asked-ask him. 14 "From Abu Sa`id al-Khudriy, he said Umar said, O Messenger of Allah, I heard Fulan and Fulan do well with praise while they both told that you gave two dinars. Umar said, The Prophet (peace and blessings of Allaah be upon him) said, but for the sake of Allaah the So -and -so is not like that, I gave him ten to a hundred, what he said was not like that. By Allah, one of you will surely come out (rise) by carrying the requested item from the side in the lower part of his armpit, meaning under his armpit will emit fire. Umar asked, O Messenger of Allah, why did you give them the money? Rasulullah replied, what I did will not make them bored, but they will continue to ask, while Allah is not pleased if I have a stingy nature " (Narrated by Ahmad). 15 Based on this hadith, there is an opinion about the existence of a form of bribe that can be justified, that is, a bribe made by a person to obtain the rights that he deserves or to reject harm. The original law of risywah is haram. Under certain conditions, risywah is allowed but with the following conditions: 16 First, condition of emergency referred to in this point has two meanings in particular and in general. The description is as follows: a. Emergency in a special sense is an essential interest that if not met, can lead to terrible difficulties that lead to death.
b. Emergency in the general and broader sense refers to something essential to protect and maintain the basic objectives of sharia.
In the language of Imam Syatibi something is called essential because without it, the community will be complicated by chaos, and in the absence of some of them, man will lose his balance and will be deprived of his happiness in this world and his success in the hereafter. Thus, it can be observed that the main concern of the definition of emergency according to Imam Syatibi is to protect the basic purpose of sharia, which is to protect religion, life, lineage, intellect, health, maintain and protect dignity and selfrespect. The emergency has conditions that must be met, including: (1) The emergency must be real and not speculative or imaginative, (2) No other solution has been found to overcome the suffering except that, (3) The solution (in this case the risywah taken) should not violate the sacral rights that trigger murder, apostasy, confiscation of property, or having fun with the same sex, (4) There must be a strong justification for performing such rukhsoh/relief, (5) In the view of experts, that solution should be the only solution available, (6) To take away obligations and rights lost, (7) Not excessive and become a habit, (8) To get maslahah rajihah (real benefit) not dzoniyyah (estimate), (9) Do not allow it, but deny it and always beristighfar and pray to God because it is forbidden. To take away obligations and rights lost when dizhalimi.
The type of bribery that the scholars declared halal by al-Syaukani is explicitly rejected, bribery in its specific forms and for any purpose remains haram because the hadith about the very famous risywah cannot be assessed except with acceptable evidence (strong and can be accepted), not just by unstable estimates and judgments. 17 In this case, the author agrees more with al-Syaukani without having to criticize the opinion of the majority of scholars who have agreed to legalize the type of risywah whose purpose is to defend, demand, and fight for rights and or to reject injustice. Because of the current context of Indonesia, if we follow the opinion of the majority of scholars, it will be very vulnerable to the government's failure to eradicate KKN practices in this country.

D. CONCLUSION
After discussing the risywah, the author concludes that the evidence used in banning risywah is Al-Qur'an and the hadith of the Prophet, which is found in QS. Al-Baqarah: 188 and QS. Al-Maidah: 42 and the hadith of the Prophet who comanded the actions of an officer of the amil zakat who received a gift. The methods in establishing the law of risywah used by Shafi'i scholars, among others, are; (1) Zahir al-Quran as long as no evidence confirms that what is meant is not zahir, (2) Sunnah of the Prophet, (3) Ijma', (4) Qiyas, (he rejected the policy of Istihsan and Istislah), (5) Istidlal.
And for the method of understanding used by Syfi'iyah scholars is through; First, Mantuq. That the meaning is written in QS. Al-Baqarah: 188 that Allah SWT "forbids consuming wealth in a false way" and through the understanding of this mantuq that all kinds of ways to get wealth falsely is haram and risywah is one of them. Second, Understand. That the meaning of Surat Al-Ma'idah: 42 explains consuming haraam, and it is understood that the property illegally it is a treasure that can by way of vanity as mentioned above, there are even clerics interpreted as saying that the meaning of Shut it is a bribe.