Foundations and Manifestations of Asset Seizure Resulting from Bribery in Islamic Jurisprudence and Iranian Criminal Law

Abstract

Bribery is a social issue in which, according to the law, assets obtained through bribery are confiscated by the government as a form of discretionary punishment for the briber, and if the briber has gained any privileges through bribery, those privileges will be revoked. Accordingly, this study employs a descriptive-analytical method to examine the concept and nature of the crime of bribery, the punishment of the briber under the Islamic Penal Code, the cases in which the briber is exempt from punishment, legal gaps concerning bribery, and potential solutions for addressing legal ambiguities through an analysis of the perspectives of Islamic jurists and legal scholars. The findings indicate that the ownership relationship between the briber and the bribed assets is not severed, as the payment itself is unlawful and does not result in a valid transfer of ownership. Therefore, the equivalent value of the bribed asset should not be recovered from the briber. Instead, if the original asset still exists, it should be seized in its original form; otherwise, its equivalent or monetary value should be confiscated from the bribee. The notion that the briber should be compelled to reclaim their property from the bribee’s assets seems unrealistic because, in reality, the asset currently in the bribee’s possession legally belongs to the briber. Consequently, seizing the asset from the bribee effectively serves as a punishment for the briber.