Whistleblowing is an Islamic duty

Maszlee Malik, The Malay Mail

 

In embracing a spirit of a main principles of Islam, a movement of whistleblowing as a perceptible ofislahandamr ma'ruf nahy munkarhas been partial of a syariah imperatives, as great as a critical constituent of a Islamic domestic enlightenment given a days of Prophet Muhammad.

There were countless incidents during a lifetime of Prophet Muhammad where a use of whistleblowing was sanctioned.

Among them is a auspicious convention as reported by a single of his companions, Jabir garbage bin Abdullah, who listened a soothsayer say: "Discussions have been trusted (not subject to disclosure) except in three areas: "Shedding wrong blood, wrong cohabitation as great as wrong accumulation of wealth." (Narrated by Abu Dawud)

In another hadith, Zaid garbage bin Khalid reported which Prophet Muhammad said: "Shall you not tell you who is a most appropriate of witnesses? The a single who brings his sworn statement before being asked to do so, or tells his sworn statement when he is asked for it." (Narrated by Malik).

It is evident from this convention which a soothsayer was enlivening hisummahto blow a alarm voluntarily, as a dignified requisite towards a maslahah, (public interest as great as benefits of a incomparable society).

If you look during it from a point of view ofamru bil maaruf(enjoining goodness) as great as wal nahy an almunkar(forbidding wrongdoing) or from a perspective ofshahada(witness attestation), which is mandatory upon Muslims, then! alarm floating is a "duty" given a purpose of whistleblowing is a same as which of ! 'enjoini ng goodness as great as ominous wrongdoing'.

The polite as great as domestic administration department department of Prophet Muhammad (who as personality of a city state of Medina, was a showcase of competency, burden as great as transparency. These were likewise practical to a administration department department of government income as great as expenditure in a provinces.

The oft-mentioned incident involving Ibn Lutaybiyah demonstrates this principle succinctly. Functioning as anamil(tax collector), he returned to Medina loaded with taxation revenues, as great as asserted which a concrete portion of a income was given to him as tokens from sure people.

The soothsayer reminded him by saying: "What is wrong with a male whom you allocated as a taxation collector as great as he said this is for you as great as which was given to me? If he stayed in his parent's house, would something be given to him?" (Narrated by al-Bukhari)

On another occasion, a soothsayer was quoted as constantly reminding his companions by saying: "Whomsoever you designate over an affair, you shall give him provision. What he takes after which is crack of trust." (Narrated by Abu Daud)

The 4 rightly-guided caliphs, a successors of Prophet Muhammad continued a benchmarks of competency, burden as great as clarity in their administration department department of a state.

Abu Bak r, a initial caliph after a prophet, stressed a significance of burden as great as a poise of people with authority in a village in his really initial debate to a Muslim village after being elected as a caliph, saying: "Cooperate with me when you am right, though scold me when you commit error; obey me so prolonged as you follow a commandments of Allah as great as His Pro! phet; th ough spin away from me when you deviate." (Narrated by al-Hindi as great as Ibn Kathir).

His alternative companions mostly held him to account for his decisions as great as administration department department of a state.

This was additionally a position of Omar al-Khattab when he was elected to attain Abu Bakr. In his maiden debate after being allocated as caliph, Omar stressed a need for burden in his administration, as great as a rights of each empowered citizen.

It was reported which whilst Omar was once delivering a Friday sermon, an ordinary person rose as great as interrupted, saying: "O a personality of a believers, you won't attend to your oration until you insist how you came up with your prolonged skirt (the Arabian robe)."

Apparently, there was a little distribution of fabric to a people as great as given a measure of distribution as great as a tallness of Omar; he could not have done a skirt out of his share. So, a observant voice of egalitarianism unhesitatingly challenged Omar, a personality of a immeasurable caliphate.

Omar's son stood up as great as explained which he gave his share to his father, so which a skirt could be done to! fit Oma r. The observant voice then expressed his capitulation as great as sat down, as great as Omar resumed his oration (Ibn Qutaybah, 2002: 1/55).

Accountability of open administrators

Omar's policy upon burden was not singular to a obsolete style of written complaints as great as defamation from a public. As for a open offices, he determined a specific bureau to understanding with a burden of a open administrators.

The bureau was designed for a investigation of complaints opposite officers of a state which reached a caliph. When it was initial established, Om! ar alloc ated Muhammad ibn Maslamah to take a responsibility of this ombudsman-like department.

In important cases, Omar would entrust Muhammad to proceed to a location, examine a charge as great as take action. Sometimes an exploration commission was constituted to examine a charge. Whenever a officers raised complaints opposite Muhammad, they were summoned to Madinah, as great as a box was listened by Caliph Omar himself.

The caliph additionally discharged governors when a people complained opposite them. Among those discharged was a companion of Prophet Muhammad (Saad Ibnu Abi Waqqas. In a after proviso of Muslim history, a specially-designed bureau great known as Diwan al-Mazalim was determined to lift put this task, which currently can be deliberate a exemplary chronicle of a ? la mode ombudsman.

O nce, whilst delivering a sermon, Omar said: "My rights over open supports (the Baitul Mal) have been similar to those of a guardians of an orphan. If great placed in life, you will not explain anything from it. In box of need, you shall draw usually as much as it is constitutionally allowed for providing food.

"You have each right to subject me about any improper accumulation of a income as great as annuity collections, improper utilisation of a book money, sustenance of a each day bread to all, border-security arrangements as great as nuisance caused to any citizen."

He was available by historians to have released certificates, witnessed by a group of elders, to all duly allocated governors stipulating which a administrator should not float an costly h! orse, ea t white bread, wear any fine cloth or forestall a people's needs (from being satisfied).

This is only a single example of Omar showcasing a practise of clarity where a ruler, as great as a state officers, should have zero to hide from a open as great as have been open to inspection of their use of open funds.

Another example of burden as great as open airing of grievances practised during a period of a rightly-guided caliphs can be found in a important letter written by a fourth caliph, Ali ibn Abi Talib, to a administrator of Egypt, Malik al-Ashtar, as available in a gathering of Ali's letters as great as sermons, 'Nahjul Balaghah'.

In his recommendation to a governor, Ali asserts: "Out of your hours of work, fix a time for a complainants as great as for those who want to proceed you with their grievances. During this time, you should do no alternative work though listen to them as great as pay attention to their complaints as great as grievances.

'Let them verbalise unreservedly'

"For this purpose, you must prepare open audience for them; during this audience, for a sake of Allah, provide them with kindness, pleasantness as great as respect. Do not let your army as great as police be in a audience hall during such times so which those who have grievances opposite your regime might verbalise to you freely, unreservedly as great as without fear."

All of these examples spell out a significance as great as critical purpose of whistleblowing as another facet of ensuring competency, burden as great as clarity in upholding justice as great as great governance.

Whistleblowing has regularly been an integral member of a Islamic domestic culture, strongly rooted in a ontological recognition given a really beginning.

Furthermore, Muslim scholars, both a past as great as present, have been really prolific in their writings upon topics related to burden as great as a use ofmazalimandhisbah(public inquiry).
A mong a most important was 'al-Ahkam al-Sultaniyyah', a magnum musical composition of al-Mawardi (al-Mawardi, 1995), in which he dealt with both a topics ofmazalimandhisbahextensively. Another exemplary scholar, Ibn Taimiyah, additionally authored a book titled 'Hisbah', in which he discussed hisbah as a pertinent responsibility of each Muslim particular as great as additionally as an requisite upon Muslim rulers (Ibn Taimiyah, 1985).

Al-Ghazali, in a same token, dealt with a emanate of burden of a woman monarch as great as his officers in his celebrated 'Nasehat al-Mulk', which was his recommendation to a son of a sultan during his time. However, it was a distinguished vizier as great as scholar, Nizamul Muluk, who smartly deliberated these topics in a really normative meaning in his shining treatise, 'Siyasat Nameh'.

These deductive analogies, formed upon sound justification from authentic eremite texts, spell out a nobleness as great as righteousness of genuine acts of whistleblowing to inspire as great as promote competency, burden as great as clarity in a societies.

Even though there is no direct anxiety to complicated day whistleblowing per se, a principles it embraces implies which whistleblowing is partial as great as parcel of a comprehensive scheme of great governance to grasp a top goal of Islamic nicely in order to safeguard justice with integrity as great as mercy wit! hin a parameters of maqasid al-syariah.

Moreover, a use of whistleblowing is additionally deliberate an movement of worship. According to Yusuf Al-Qaradawy, "whenever a Muslim follows up great intentions with a slight action, his movement becomes an movement of worship."

Ulama should back whistleblowers

The augmenting acts of genuine whistleblowing, which you declare today, meant which all is not great with a state of trustworthiness as great as integrity of a domestic governance.

The courageous acts of a few who have sto! od up op posite a establishment to display a wrongdoings of people in open bureau as great as a gross abuse of open supports have been exemplary acts of piety in a pursuit of great governance to attain a contentment of society.

Regrettably, this eminent means is being led by a politician as great as non-scholars instead of an 'apolitical' or non-partisan entity or individuals. Civil society, free from a clutches of narrow-minded politics, should perfectly be leading this whistleblowing initiative.

We would brave supplement which Islamic-based organisations as great as Muslim scholars, given of their ontological awareness, ought to be spearheading this citizen's watchdog beginning to guard as great as protect opposite rubbish as great as detriment of open supports as great as abuses of open office.

However, disappointingly, most of a Islamic scholars (ulama), whom you had expected to be during a forefront of such righteous efforts in a area of polite as great as domestic governance, have been engrossed with 'red herring' issues which in most cases usually offer to polarise serve a multi-racial as great as multi-religious make-up of Malaysian society.

The failure of a ulama to spearhead such an beginning would send a wrong signal to a lay Muslims, as great as remonstrate them which whistleblowing is alien to a corpus of Islamic belief.

We goal which this distinguished as great as fair attempt will move a brand new chapter as great as in essence, a brand new goal in a endless episodes of a onslaught to defend democracy as great as great governance in a beloved country, Malaysia. As a consequence, you goal these efforts will evolve a some-more competent, accountable as great as pure domestic governance.

Undoubt! edly, th ere have been whistleblowing actions taken by a great adults in a past. The stream bid takes a whistleblowing beginning to a higher turn of open engagement.

The 'National Oversight as great as Whistleblowers Centre' is a really laudable bid t! o galvan ize as great as make established this endeavour, thus creation whistleblowing some-more structured, guided as great as professional.

We sincerely as great as unreservedly urge all civic-minded adults of Malaysia, regardless of race, religion as great as domestic affiliations, to await this excellent whistleblowing initiative. Above all, you strongly inspire a Muslim community, eremite scholars (ulama) as great as Islamic organisations to welcome this polite multitude beginning in a common quest of attaining competency, accountability, transparency, great governance as great as adult well-being.

We strongly believe which all these qualities have been indisputably syariah imperatives as great as main pillars of a Islamic domestic norms which all Muslims should aspire to achieve.

 

MASZLEE MALIK is with International Islamic University Malaysia, whilst MUSA MOHD NORDIN is with a Muslim Professionals Forum (MPF).