Is it permissible to take a commission for helping illegal residents regularize their status at a lower cost, using unofficial methods through a government employee? Does the principle of " دفع أعظم المفسدتين" (averting the greater of two evils) apply here? What is the ruling on informing both parties (the illegal resident and the employee) about the amount of the commission in this case and in transactions that are permissible by Sharia?
1. The aforementioned transaction for the immigration officer is impermissible, as it involves treachery, fraud, and bribery. He is entrusted with implementing the immigration system and its laws.
2. The fines imposed by the state on violators are permissible; they fall under the category of financial deterrents. Ibn Taymiyyah and Ibn al-Qayyim supported this, and it is the of Malik and Ahmad, and one of the two opinions of Al-Shafi'i, and the choice of the Islamic Fiqh Council.
3. This transaction is a form of brokerage (ju'alah). For it to be valid, the commission must be specified and known to the party from whom it will be taken.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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