Whistleblowing: A Western and Shari’ah Perspective

Abstract

The concept of whistleblowing law in Islam is unique and differs from the West as it derives from the elements of Tawhid and Shari’ah. The concept is essentially dynamic and relevant since it was initially introduced during the Islamic ruling era until the present time. The practice of whistleblowing in Islam maintains the public interest (maslahah ‘ammah) which aims in fulfilling the five objectives of Maqasid Shari’ah. On the other hand, the western whistleblowing law was developed in response to tragedies in assuring good governance and protecting the public interest, in which the ideas of good and bad are determined by social norms and not based on the scriptures. In the present time, notably, the role of whistleblower is significant to response to corruption as a global issue plaguing many nations, which causes substantial destruction to social, economic and political aspect. In this regard, the purpose of this paper is to explore and compare the concept and scope of disclosure of whistleblowing law from Shari’ah perspective and its western counterpart and how its principled conviction, upholding public interest disclosure could deal with the current phenomenon plaguing many nations, corruption. With that, the methodology employed in this paper reflected the descriptive, analytic, and prescriptive approaches by analyzing the existing laws, decided cases and literature pertaining to the conceptual and the legal frameworks of whistleblowing under the Western and Islamic jurisprudences.

To Blow or Not to Blow the Whistle? An Islamic Framework

“…This balanced universe has been created for human beings, which emphasizes the special position that God has bestowed on them as His vice-regents (Khalifa) on earth: "And [mention, O Muhammad], when your Lord said to the angels, 'Indeed, I will make upon the earth a successive authority'" (Qur'an 2:30). The viceregent position is not a privilege but a matter of trust (Amanah) (e.g., Qur'an 33:72): God entrusts the earth and its resources to human beings in order that they can monitor the well-being of society (Zainudin and Zahari 2018). To achieve this, human beings are granted free will (Ikhtyar) to make their own choices.…”

“…From an Islamic viewpoint, whistleblowing is an act of enjoining good/justice and forbidding evil/injustice to maintain the public interest, thus achieving the five goals of the Shari'ah (Zainudin and Zahari 2018). Accordingly, whistleblowing can arguably be viewed as a religious responsibility that falls on the shoulders of every Muslim (i.e., God's vice-regent), who serves God's will by ensuring that what God has commanded is carried out and what God has forbidden is abstained from to protect and preserve the public interest (i.e., religion, human selves, intellect, posterity, and wealth), which is the ultimate goal of the Shari'ah rulings.…”

“…The Qur'an takes the spread of corruption on earth as a major theme; it refers to disturbing God's balance through being unjust and encompasses a wide range of behavioral transgressions that threaten the living of a socially, economically, and ecologically balanced life (Iqbal and Lewis 2002). It is thus clear that, in Islam, Muslims are commanded by God to forbid actions pertaining to injustice/corruption in the interest of maintaining the public's balanced life and with the aim of achieving the five objectives of Islamic law (Zainudin and Zahari 2018).…”

“…Islamic ethics go beyond the organizational setting of whistleblowers (insiders vs. outsiders) by offering a comprehensive viewpoint from which to address the question of who should blow the whistle. Given the special position of humans as God's vicegerents on the earth, the responsibility for enjoining good and forbidding evil to protect the public interest and prevent corruption is placed on the shoulders of every Muslim (Zainudin and Zahari 2018): "So fear Allah as much as you are able" (Qur'an 64:16). In the same vein, Prophet Muhammad (PBUH) stated:…”

“…A few conceptual studies analyze the whistleblowing concept from specific angles in Islam; for instance, some studies explore whistleblowing in the context of the Islamic principle of enjoining good and forbidding wrong (Abd Samad and Khalid 2015). Other studies explain the whistleblowing concept based on the objectives of Islamic law (Ramli et al 2018;Solihu and Ambali 2011;Zainudin and Zahari 2018). Others focus on the Islamic concepts of forgiveness and cooperation (Ntalianis and Raja 2002).…”