Gratification and Conflicts of Interest in Islamic Criminal Law

Abstract

Although gratification has been extensively examined within anti-corruption and administrative law scholarship, limited attention has been given to its conceptualization as a conflict-of-interest offence within the framework of Islamic criminal law. This study addresses this gap by examining how gratification received by public officials can be reinterpreted through the doctrines of risywah, ghulūl, and khiyānah, while assessing its implications for ethical governance and public accountability. Employing normative legal research with conceptual and doctrinal approaches, the study analyses classical Islamic legal sources, contemporary legislation, fatwas, and relevant scholarly literature using qualitative content analysis. The findings demonstrate that gratification connected to public office constitutes an illicit benefit that transcends cultural expressions of courtesy because it creates institutional conflicts of interest and compromises impartial decision-making. From the perspective of Islamic criminal law, such practices fulfil the substantive characteristics of risywah and represent a breach of public trust (amānah), thereby violating the objectives of maqāṣid al-sharīʿah, particularly the protection of wealth, justice, and public welfare. The study proposes an integrated Islamic governance framework that combines criminal law principles, ethical accountability, and institutional oversight to strengthen anti-corruption strategies. This framework extends existing scholarship by positioning conflict of interest as a central normative category in contemporary Islamic criminal law discourse on public integrity.