Whistle blowing and financial rewards, any legitimacy in Islam

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 Ridwan Jamiu
• 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
•

Whistle blowing in Nigeria
Whistle blowing is recognised in almost all countries of the
world, and laws have been promulgated to protect whistleblowers 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.
• 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.
•
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).
•
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.
• 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.
• Whistle blowing, a religious imperative
The 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,”
Suratul Maidah (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,” Suratul Baqara
(Q2: 251).
‫)‪Hadith (sayings of the Prophet Muhammad‬‬
‫•‬
‫ن َّ‬
‫عن النعمان بن بشير رضي هللا عنهما َ‬
‫صلَّى َّ ُ‬
‫ع ْ‬
‫ي َ‬
‫اَّلل‬
‫الن ِب ِ‬
‫و ْ‬
‫ل ْ‬
‫م َ‬
‫ال َ‬
‫ها َ‬
‫م َ‬
‫َ‬
‫علَى ُ‬
‫م َث ُ‬
‫واقِعِ فِي َ‬
‫ك َ‬
‫ال َ‬
‫اَّلل َ‬
‫ح ُدو ِد َّ ِ‬
‫ل َ‬
‫قا َ‬
‫سل َّ َ‬
‫و َ‬
‫ه َ‬
‫ل‬
‫علَ ْي ِ‬
‫قائِ ِ‬
‫م َث ِ‬
‫ة َ‬
‫َ‬
‫م أَ ْ‬
‫ع ََل َ‬
‫وبَ ْع ُ‬
‫اب بَ ْع ُ‬
‫موا َ‬
‫ه ُ‬
‫ض ُه ْ‬
‫ض ُه ْ‬
‫م ْ‬
‫اس َت َ‬
‫ها َ‬
‫ص َ‬
‫فأَ َ‬
‫علَى َ‬
‫م‬
‫س ِفي َن ٍ‬
‫ق ْو ٍ‬
‫ن ْ‬
‫ها َ‬
‫ها إِ َ‬
‫اس َت َ‬
‫س َ‬
‫ك َ‬
‫س َ‬
‫ف َ‬
‫م ْ‬
‫ذا ْ‬
‫ين فِي أَ ْ‬
‫أَ ْ‬
‫ف ِل َ‬
‫فل َ َ‬
‫ما ِء َ‬
‫ال َ‬
‫ذ َ‬
‫م ُّروا‬
‫ق ْوا ِ‬
‫ان الَّ ِ‬
‫خ ْر ً‬
‫ق ُ‬
‫م َ‬
‫ف ْو َ‬
‫ن َ‬
‫ف َ‬
‫َ‬
‫ولَ ْ‬
‫ق ُه ْ‬
‫م ْ‬
‫قا َ‬
‫صي ِب َنا َ‬
‫الوا لَ ْو أَنَّا َ‬
‫علَى َ‬
‫م ُن ْؤ ِذ‬
‫خ َر ْق َنا فِي نَ ِ‬
‫ك ُ‬
‫هل َ ُ‬
‫ن يَ ْت ُر ُ‬
‫ق َنا َ‬
‫ف ْو َ‬
‫ن َ‬
‫وإِ ْ‬
‫ف ِإ ْ‬
‫ادوا َ‬
‫م ً‬
‫ما أَ َر ُ‬
‫وه ْ‬
‫م ْ‬
‫ن أَ َ‬
‫يعا َ‬
‫كوا َ‬
‫و َ‬
‫م َ‬
‫َ‬
‫خ ُذوا‬
‫ج ِ‬
‫علَى أَ‬
‫م ً‬
‫َ‬
‫يه ْ‬
‫ْ‬
‫ج ْوا َ‬
‫ونَ َ‬
‫ج ْوا َ‬
‫م نَ َ‬
‫يعا‬
‫د‬
‫ي‬
‫ج ِ‬
‫ِ‬
‫ِ‬
• 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
•

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.

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.
•

Maqasid Shari’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.
•

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.
 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 alBukhari)

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)


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)
• 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.
•

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
• 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
•
Eradicating corruption goes beyond whistle blowing
Dua’ of Ibadur Rahman is ‘Rabbana Hablana ...

Meaning: “Our Lord, grant us spouses and children who will be
delights of our hearts and make us leaders of the righteous,”
Suratul Furqan (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)
• 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, good governance and
citizen well-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.