Whistle blowing and financial rewards, any legitimacy in Islam

1. Whistle blowing and financial rewards, any legitimacy in Islam Being a speech delivered at the Islamic Forum, the Syrian Club, Ribadu Road, Ikoyi on 27th-jumada II-1438/23rd-February-2017 Imam RidwanJamiu

2. Who is a whistle-blower?Whistle-blower is one who reveals a wrongdoing or informs authorities about a misconduct. That is one who discloses the illegal or immoral acts of another person. • Origin • Sports referees blow whistle to announce a foul conduct. Police used it in the past. Hunters use it to alert others of a

3. Whistle blowing in Nigeria • Whistle blowing is recognised in almost all countries of the world, and laws have been promulgated to protect whistle-blowers as well as to check malicious report. The Federal Executive council of Nigeria in December 2016 announced through the Ministry of Finance its 9-point agenda on whistle blowing. The agenda is meant to serve as an interim policy pending when the National Assembly passes a substantive law on whistle blowing. The policy sets out the information required, procedure of conveying the information, rights and entitlements of the whistle-blower. According to the Minister of Information and Culture on February 12, 2017, the recent recovery of 151 million dollars and 8 billion naira loots and about 10 million dollars from a former MD of NNPC is a proof that the policy is yielding.

4. Scope of whistle blowing • The recent Ministry of Finance policy on whistle blowing is limited to mismanagement or misappropriation of public funds and assets. But going by the recent police reform launched by the current Inspector General of Police Ibrahim Idris in November, 2016 on Police Complaint Rapid Response Unit (PCRRU), it appears that the Federal Government aims at a holistic approach to eradicate corruption and indiscipline by encouraging whistle blowing.

5. Purpose of whistle blowing initiative • Many countries have introduced whistle blowing provisions to help deter corrupt behaviour and guide formal investigations in to them. • Corruption is like a plague which inflicts colossal loss to lives and property and erodes moral fabric of the society. The cost of corruption has been estimated at US$ 148 billion a year in African countries alone which accounted 25 percent of their GDP (Jorge, Smith and Piet, 2007).

6. Whistle blowing and financial rewards, any legitimacy in Islam • Legal status of whistle blowing in Islam • Considering its objectives, whistle blowing is legitimate in Islam when it is done in good faith and not malicious. Whistle blowing falls under the gamut of Hisbah, which is an Islamic institution meant to promote virtue and eradicate evils in the society –Amr bil-ma’aruf wan Nahyu an al-munkar. The Qur’an is replete with verses encouraging believers to join in the struggle to eradicate vices and promote virtues.

7. Allah says, • “Let there be among you a community calling to virtue, and advocating righteousness, and deterring from evil. These are the successful,” Surah Al-Imran (Q3:104). Therefore, success and prosperity of any society lies in finding a group (like Civil societies and individuals) that speaks against evil and commends/rewards virtue. This is where whistleblowers fall.

8. Whistle blowing, a religious imperativeThe Qur’anic provisions • Allah says, • “Cooperate with one another in [promoting] virtue and righteousness, and do not cooperate in sin and hostility. Fear Allah. Allah is severe in punishment,” SuratulMaidah (Q5:2) • Allah says, • “If Allah does not restrain some people by means of others, the earth would be completely corrupt. But Allah is gracious towards mankind,” SuratulBaqara (Q2: 251).

9. Hadith (sayings of the Prophet Muhammad) عن النعمان بن بشير رضي الله عنهما عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَثَلُ الْقَائِمِ عَلَى حُدُودِ اللَّهِ وَالْوَاقِعِ فِيهَا كَمَثَلِ قَوْمٍ اسْتَهَمُوا عَلَى سَفِينَةٍ فَأَصَابَ بَعْضُهُمْ أَعْلَاهَا وَبَعْضُهُمْ أَسْفَلَهَا فَكَانَ الَّذِينَ فِي أَسْفَلِهَا إِذَا اسْتَقَوْا مِنْ الْمَاءِ مَرُّوا عَلَى مَنْ فَوْقَهُمْ فَقَالُوا لَوْ أَنَّا خَرَقْنَا فِي نَصِيبِنَا خَرْقًا وَلَمْ نُؤْذِ مَنْ فَوْقَنَا فَإِنْ يَتْرُكُوهُمْ وَمَا أَرَادُوا هَلَكُوا جَمِيعًا وَإِنْ أَخَذُوا عَلَى أَيْدِيهِمْ نَجَوْا وَنَجَوْا جَمِيعًا

10. An-Nu’man ibn Basheer reported: The Prophet, peace and blessings be upon him, said, • “The parable of those who respect the limits of Allah and those who violate them is that of people who board a ship after casting lots, some of them residing in its upper deck and others in its lower desk. When those in the lower deck want water, they pass by the upper deck and say: If we tear a hole in the bottom of the ship, we will not harm those above us. If those in the upper deck let them do what they want, then they will all be destroyed together. If they restrain them, then they will all be saved together.” • Source: Ṣaḥīḥ al-Bukhārī 2361

11. Application of Hadith Nu’man to Nigerian context • The Hadith gives a lucid parable. The ship we board is Nigeria. The lost we cast is perhaps our votes and general election. The election places different people in different positions. All members of the crew are collectively responsible to protect the ship. Those who do evil and engage in corruption must be warned and exposed by the righteous patriots. Else, all will be destroyed. Hence, we should blow whistle to protect public interests and public security.

12. Narrated Anas: Allah's Apostle said, "Help your brother, whether he is an oppressor or he is an oppressed one. People asked, "O Allah's Apostle! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?" The Prophet said, "By preventing him from oppressing others." • The Prophet said, “Whoever sees a wrongdoing should change it with his hand (power and influence), if he is not able, he should change it with his tongue, if he is unable, he should change it with his heart. The later being the weakest faith.

13. MaqasidShari’ah (Shariah Objectives) • Shari’ah aims at achieving 5 goals: protection of faith, life, intellect, progeny and property. Whatever constitutes a real or imminent threat to the protection of these necessities of life is considered in Islam as a Munkar – evil against which Muslims as individuals and group must struggle to restrain or remove.

14. Governance during the Prophetic Era • The civil and political administration of the Prophet Muhammad (pbuh), as leader of the city state of Madinah, was a showcase of competency, accountability and transparency. These were similarly applied to the administration of government revenue and expenditure in the provinces.

15. The oft-mentioned incident involving Ibn Lutaybiyah demonstrates this principle succinctly. Functioning as an Amil (tax collector) he returned to Madinah loaded with tax revenues, and asserted that a substantive portion of the revenue was given to him as tokens from certain people. The Prophet (pbuh) reminded him by saying: “What is wrong with the man whom we appointed as a tax collector and he said this is for you and that 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, the Prophet (pbuh) was quoted as constantly reminding his companions by saying: “Whomsoever we appoint over an affair, we shall give him provision. What he takes after that is breach of trust.” (Narrated by Abu Daud)

16. The four-guided Caliphs, the successors of Prophet Muhammad (pbuh) continued the benchmarks of competency, accountability and transparency in their administration of the state. • There were numerous incidents during the lifetime of the Prophet (pbuh) which sanctioned the practise of whistleblowing. Amongst them is a Prophetic tradition as reported by one of his companions, Jabir bin Abdullah who heard the Prophet (pbuh) said: “Discussions are confidential (not subject to disclosure) except in three places: “Shedding unlawful blood, unlawful cohabitation and unlawful accumulation of wealth“. (Narrated by Abu Dawud)

17. Whistle blowing and Islamic stance on gossip and backbiting and breach of trust • Islam generally forbids gossip and backbiting. See for example Quran 49:11. But there are exemptions to this general regulation. One of which is giving sincere advice or reporting anyone whose conduct is a threat to public interest. If the conduct doesn’t constitute a threat to the public, it is advisable that the perpetrator be privately admonished. In all, casting aspersion or damaging honor of another person without proof or certainty is known as Buhtan –libel or slander, which attracts a stiff punishment here and hereafter.

18. Whistle blowing and pecuniary reward: the Islamic stance • Whistle blowing is a moral obligation. It is a pertinent responsibility of every Muslim which should be done conscientiously hoping to get reward from Allah. There is no blame however for receiving monetary compensation from government for example if there is one. Government may stipulate some pecuniary reward in order to encourage this goal of community policing and Hisbah. Law enforcement agents must be assisted with tip-offs in order to clamp down on criminals. This comes under the principles of ‘al-Ja’alah’ in Islamic jurisprudence

19. Allah says, • “They said, "We are missing the measure of the king. And for he who produces it is [the reward of] a camel's load, and I am responsible for it.“ • They said, "By Allah, you have certainly known that we did not come to cause corruption in the land, and we have not been thieves.“ • The accusers said, "Then what would be its recompense if you should be liars?" • [The brothers] said, "Its recompense is that he in whose bag it is found - he [himself] will be its recompense. Thus do we recompense the wrongdoers." Q12/72-75

20. Eradicating corruption goes beyond whistle blowingDua’ of Ibadur Rahman is ‘RabbanaHablana ... • Meaning: “Our Lord, grant us spouses and children who will be delights of our hearts and make us leaders of the righteous,” SuratulFurqan (Q25:74). That is, make us examples and role models in righteousness. Be the change you want to see in the society. Change starts with you. • The Prophet (pbuh) was quoted as constantly reminding his companions by saying: “Whomsoever we appoint over an affair, we shall give him provision. What he takes after that is breach of trust.” (Narrated by Abu Daud)

21. Allah says, • “Whoever acts dishonestly will bring his dishonesty on the Day of Resurrection. Then every soul will be paid in full for what it has earned, and they will not be wronged, “ Surah AL- Imran (Q3:161). • In conclusion, we strongly encourage the Muslim community, religious scholars (Ulama) and Islamic organizations to embrace this civil society initiative in our shared quest of attaining competency, accountability, transparency, goodgovernance and citizenwell-being. We strongly believe that all these qualities are indisputably Shariah imperatives and pivotal pillars of the Islamic political norms that all Muslims should aspire to achieve.