WHISTLE-BLOWING

GEN 4100- Unit 7

Units Topics
1 History of Ethical Studies and Human actions
2 Muslim viewpoints on Professionalism
3 Muslim Position on Environmental Protection
4 Unethical issues in Engineering Practices
5 Health Protection from an Islamic Perspective
6 Islamic View on natural Disasters and Harmful Hazards
7 Whistle-blowing and Engineering Preventive ethics
8 Social & Global Responsibilities of Muslim Engineers
9 Engineers Workplace Environment
10 Islamazing Codes of Engineering Ethics & Societies
 WHISTLE-BLOWING

It is an act by an employee of
informing the public or higher
management of unethical or illegal
behaviour by an employer or
supervisor.

Making public accusations

concerning misconduct by ones
organization.
MAIN REASONS FOR WHISTLE
BLOWING

A criminal offence.
Breach of legal obligation.

Miscarriage of justice.

Danger to the health or safety of any

individual.
Damage to the environment.

A deliberate cover-up of information

tending to show any of the above
mentioned issues.
WHEN SHOULD WHISTLEBLOWING BE
ATTEMPTED?
1. Need to avoid a great harm that could affect
people.

2. Proximity: being on a very clear position to

report the facts of the problem.

3. Capability: must have reasonable chances of

success in stopping the harmful activity.

4. Last Resort: only if there is no other who is more

capable or more proximate to blow the whistle and
all other lines of actions have been consumed.
Moral conditions for whistleblowing

Itis a moral & religious duty of the engineer to engage in

whistleblowing when the following conditions are met:
1. The situation is classified as Haram
2. The product will cause a serious and considerable harm to the
public.
3. Concerns have been made known to the superiors and got no
satisfaction from their immediate superiors, all channels have been
exhausted within the corporation including the board of directors.
4. The whistle blower must have documented evidence that would
convince the reasonable, impartial observer that his view of
situation is right and the company view is wrong.
5. Expectation of positive result in releasing information to public.
TYPES OF WHISTLE BLOWING
 1- Internal whistle blowing: when an employee goes over
the head of an immediate supervisor to report the problem to a
higher level management.

2- External whistle blowing: occurs when the employee

goes outside the company and reports wrongdoing to newspapers
or law-enforcement authorities.

3- Anonymous whistle blowing: occurs when the

employee who blow the whistle refuses to reveal his name when
making his accusations.

4- Acknowledged whistle blowing: occurs when the

employee puts his name behind the accusations and is willing to
whistle blowing the scrutiny brought on by his accusations.
 STAGES OF WHISTLE-BLOWING

Step 1: Recognition, Event seen as risk or possible

wrongdoing.

Step 2: Assessment, Choosing between neglect,

exit, and voice.

Step 3: Action, Blowing the whistle

(recipient/content/form).

Step 4: Reactions, by the addressee and/or the

organization and its members.

Step 5: Evaluation, of reaction as success or failure

(back to step 3?)
 CONT

Internal Appeal Option

A. individual Preparation

1. Maintain the record of event.

2. Refer to the companys internal appeal process.
3. Be familiar with the laws which may protect you.
4. Identify alternative courses of action.
5. Decide on the account of favourable outcome.
CONT.
B. Communicate with your immediate
supervisor
1. Initiate informal discussion
2. Make a formal written appeal
3. Indicate your intention of starting internal process
of appeal

C. Initiate Appeal Through the Internal Chain

of Command
1. Maintain formal contacts as to where the appeal stands
2. Inform your intention to pursue an external solution
CONT.

External Appeal Option

A. Individual Action
1. Engage legal counsel
2. Contact your professional society
B. contact your client (when Applicable)
C. contact the media
PREVENTING WHISTLE BLOWING
Four ways to solve the whistle blowing problem
within a corporation:

1- There must be a strong corporate ethics culture. (a

clear commitment to ethical behavior by both employers and
employee).

2- There should be clear lines of communication within

the corporation.

3- All employees must have meaningful access to high

level managers in order to bring their concerns forward.

4- There Should be willingness on the part of

management to admit mistakes publicly if necessary.
 WHISTLEBLOWING: ISLAMIC
PERSPECTIVE
Whistleblowing and the concepts of Amr bil Maaruf and nahy aani al- munkar
(Enjoining Good and forbidding Evil), Nasihah(Advice) & Sulh & Islah (Reform &
Arbitration)

-Definitions:

1- Al Maruf: The noun is derived from the Arabic verb arafa, which
means to know; so linguistically maruf literally means something which is
known.
- A similar noun to maruf is al-Mustahsan or what is desirable or
preferable.
- Legal definition: A noun that composes any matter which is
obedience to Allah (swt) and His Messenger (saw), whether wajib (obligatory)
or mandoub (recommended).

2- Munkar: This noun means the opposite of Maruf.

A similar noun to munkar is al-Mustahjan which means
undesirable/rejectable/deniable.
- Legal definition: A noun composes any disobedience to Allah (swt)
and His Messenger (saw), whether haram (prohibited) or makruh (dislike).
 REMOVING THE MUNKAR

1. Changing munkar (tagheer al munkar) by

hand/body

2. Forbidding munkar (nahi anil munkar) by

tongue/talks/books, etc

3. Rejecting munkar (al bara minal munkar)

by heart an d walk away (lowest level of iman)
CONDITIONS TO CHANGE/FORBID/REJECT
EVIL

1. Verify reality of the munkar (Dont hurry to accuse. Verify

before accusing)
a. Is it known by necessity
b. Is the person mature
c. Is the person sane
d. Is the person Muslim

2. The Munkar must be present

a. Place of munkar.
b. Committed on the spot.
c. Remains of munkar (i.e. sign of it).

3. The Munkar must be public and not private(haram to

spy).

4. The Munkar must not be a matter of dispute i.e. not

known by necessity.
CONT..

5. To change munkar by what is permissible.

6. Not to lead to greater munkar.

- Islah:To develop the ability to use

determination in following the Ahkaam of Shariah
and Forcefully refrain ones Nafs from indulging in
Sins.
- Nasihah: means sincerity; it is striving to
seek the best outcome in any situation.
 MANNERS OF GIVINGNASIHAH

1- SEEKING THE PLEASURE OF ALLAH BY

GIVINGNASIHAH

2- NOT SLANDERING THE ONE BEING ADVISED

3- NASIHAH IS TO BE GIVEN IN SECRET

4- NASIHAH IS TO BE GIVEN WITH KINDNESS,

GENTLENESS AND SOFTNESS

5- DO NOT COMPEL OTHERS TO FOLLOW

ONE'SNASIHAH

6- CHOOSING THE PROPER TIME TO GIVENASIHAH

7- NASIHAH THAT IS AGAINST ISLAM IS NOT TO BE

FOLLOWED
 FROM THE QURAN

1- "Let there arise out of you a group of people inviting to all that is
good (Islam), enjoining Al-Ma`ruf (i.e., Islamic Monotheism and all that Islam
orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all
that Islam has forbidden). And it is they who are the successful.''(3:104

2- "You (true believers in Islamic Monotheism, and real followers of

Prophet Muhammad (sallallaahu alayhi wa sallam) and his Sunnah) are the
best of peoples ever raised up for mankind; you enjoin Al-Ma`ruf (i.e., Islamic
Monotheism and all that Islam has ordained) and forbid Al-Munkar
(polytheism, disbelief and all that Islam has forbidden)''.(3:110)

3- "Show forgiveness, enjoin what is good, and turn away from the
foolish (i.e., don't punish them).''(7:199)

4- "The believers, men and women, are Auliya' (helpers, supporters,

friends, protectors) of one another; they enjoin (on the people) Al-Ma`ruf (i.e.,
Islamic Monotheism and all that Islam orders one to do), and forbid (people)
from Al-Munkar (i.e., polytheism and disbelief of all kinds, and all that Islam
has forbidden)''.(9:71)

5- The hypocrites men and women, are from one onother: they enjoin
evil and forbid good
 From the Sunnah:

1. The Messenger of Allah (sallallaahu alayhi wa sallam) said,"Whoever amongst

you sees an evil, he must change it with his hand; if he is unable to do so, then
with his tongue; and if he is unable to do so, then with his heart; and that is the
weakest form of Faith".[Muslim].

2. The Messenger of Allah (sallallaahu alayhi wa sallam) said,"Never a Prophet had

been sent before me by Allah to his people but he had, among his people, (his)
disciples and companions, who followed his ways and obeyed his command. Then
there came after them their successors who proclaimed what they did not practice,
and practiced what they were not commanded to do. And (he) who strove against
them with his hand is a believer; he who strove against them with his heart is a
believer; and he who strove against them with his tongue is a believer ; and beyond
that there is no grain of Faith". [Muslim].

3. The prophet (SAW) says: "May I tell you who is the best witness? He who testify his
witness before asked to do so".
4. The Prophet (sallallaahu alayhi wa sallam) said,"The
likeness of the man who observes the limits prescribed by
Allah and that of the man who transgresses them is like the
people who get on board a ship after casting lots. Some of
them are in its lower deck and some of them in its upper
(deck). Those who are in its lower (deck), when they require
water, go to the occupants of the upper deck, and say to
them : `If we make a hole in the bottom of the ship, we shall
not harm you.' If they (the occupants of the upper deck) leave
them to carry out their design they all will be drowned. But if
they do not let them go ahead (with their plan), all of them
will remain safe".

5. The Messenger of Allahsaid,"Thedinisnasiha(good

counsel/sincere conduct). Thedinisnasiha.
Thedinisnasiha."They asked, "To whom, Messenger of
Allah?" He said,"To Allah and His Book and His Messenger
and the Imams of the Muslims and the common people."
 WHISTLEBLOWING AND ITS RELATION TO GHIBAH (BAD-
MOUTHING) FADIHAH, FITNAK & FUHSH (SCANDAL AND RUMOR
MONGERING)

{And follow not (O man i.e., say not, or do not or witness not) that of
which you have no knowledge. Verily! The hearing, and the sight, and
the heart, of each of those one will be questioned (by Allh)} [Surat Al-
Isr 17:36].

{O you who believe! Avoid much suspicion; indeed some suspicions are
sins. And spy not, neither backbite one another. Would one of you like
to eat the flesh of his dead brother? You would hate it (so hate
backbiting). And fear Allh. Verily, Allh is the One Who forgives and
accepts repentance, Most Merciful} [Surat Al-Hujurt 49:12]

{O you who believe! If a Fsiq (liar - evil person) comes to you with any
news, verify it, lest you should harm people in ignorance, and
afterwards you become regretful for what you have done} [Surat Al-
Hujurat 49:6].

{Woe to every slanderer and backbiter.} [Surat Al-Humazah 104:1];\

 FROM THE SUNNAH
1- It is narrated by Abu Huraira that the Messenger of Allah, peace
and blessings of Allah be upon him, has said Do you know what is
backbiting? They said: Allah and His Messenger know best. He said:
Your talking about your brother with something that he hates. It was
said to him: What is your opinion about this that if I actually find (that
failing) in my brother which I made a mention of? He said: If it is
actually found (in him) what you assert, you in fact backbit him, and if
that is not in him it is a slander. [Reported by Muslim].

2-The Prophet (peace and blessings of Allaah be upon him) said: No

person who spreads nameemah will enter Paradise.

3- Abu Barzah al-Aslami said: The Messenger of Allaah (peace and

blessings of Allaah be upon him) said: O you who have spoken the
words of faith but faith has not truly entered your hearts! Do not
backbite about the Muslims, and do not seek out their faults. For
whoever seeks out their faults, Allaah will seek out his faults, and if
Allaah seeks out a persons faults He will expose him even in his own
house.
 WHEN GHAIBAH IS ALLOWED?

Imam an-Nawawi said in hisexcellentbookRiyaadh-us-Saaliheen, chapter

256:You should know that backbiting is permissible for specific
legislated reasons unreachable except by (way of backbiting) they are the
following six reasons:

1.The firstis complaining ofoppression,so it is permissible

for the oppressed person to present his case to the Muslim ruler or
Muslim judge or someone of similar stature and authority to assist in
removing the oppression. He can say:I have been wronged by such and
such a person.

2.The secondis seekingassistance in changing evil

(munkar)and refuting the disobedient until they return to what is
correct. So one can say to the one who has the ability to change the evil:
Such and such a person has done this, so advise him. Or something
similar and that he intends to reach this disobedient one by way of
removing the evil, so if he intends other than that then it is not
permissible.
 3.Thirdlywhenone seeks fatwa.So he says to the mufti:
My father has oppressed me, or my brother, or my husband, or such
and such has done this, does he have right to? And what is the way to
sincerity (ikhlaas) and obtaining my rights and repelling oppression?
or something along the lines, so this is permissible by necessity.
However it is better to say: What do you say regarding a man, or
person, or husband, if his condition is such and such? So he obtains
his purpose without specification, but being specific is permissible, as
we will mention in the hadeeth of Hind, Allah willing.

4.The fourthreason iswarning the Muslims from

eviland advising them and that is from several aspects:
A.)From it is thedisparagement of the criticized peopleby way of
the reliable and trustworthy witnesses. That is permissible by
consensus of the Muslims rather it is obligatory by necessity.
B.)From it is whena man inquires about someonebefore marriage,
or entering into a business partnership with someone, or safekeeping
something with someone or doing business with someone. It is
obligatory upon the one advising not to conceal his condition rather he
should mention the shortcomings he has with the sole intention of
advising him.
 C.)From it is ifone sees a person of fiqh frequenting an
innovator or a faasiq (a person engaged in disobedience)and
taking knowledge from him, and he fears that he may affect him
(with his innovation or fisq) then it is upon him to advise of his
condition on the basis that he intends to advise. And this is
where error may occur, the person who speaks of the individual
could be envious and Shaytaan (may Allahs curse be upon him)
may deceive him into thinking he is advising with compassion,
it is necessary to be aware of this (type of fitnah).

D.)From it is one who has position but he does not establish it,
whether it is because he is not fit for it, or he is onewho is
corrupt, or neglectful, or something similar to these examples.
It is obligatory to mention that to the one in authority so as to
remove him and replace him with one more befitting. He should
make him aware of his condition so he can be dealt with and
urge him to improve or be replaced with someone else.
 5.The fifthreason is concerning the one
whoopenly commits disobedience or
innovationlike openly drinking alcohol, taking the
property of others, taking taxes not legislated or
other issues of falsehood, then it is permissible to
mention what he does publicly. It is not permissible
to mention other faults he may have except those we
have mentioned before.

6.The sixth reason is to describe someone. Soif a

man is known by a nicknamesuch asThe Weak-
eyedThe LameThe Deaf oneThe Blind o
neThe Cross-eyedand other similar names. It is
permissible to describe him for identification but
unlawful to indicate his deficiencies. If one can
describe him another way then it is best