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Competence and Merit are Fundamental Criteria for Appointments
Author : Dr. Mufti AbdulHakim Tawfeeq
Date Added : 23-10-2024

Competence and Merit are Fundamental Criteria for Appointments

 

Introduction

Praise be to Allah, the Lord of the worlds, and blessings and peace be upon the one after whom there is no prophet.

His Majesty King Abdullah II of Jordan released the sixth discussion paper on October 11, 2016, which focuses on the rule of law. This paper includes several topics, all of which establish the principle of the rule of law as a foundation for a civil state. Among the issues discussed in this paper is the principle of merit and the importance of adhering to it in matters of employment. His Majesty stated: "It is essential to adhere to the principle of competence and merit as the fundamental and sole criterion for appointments."

So, what is the meaning of merit, its ruling, its evidence, the benefits of adopting merit, and the consequences of disregarding this standard?

Definition of Merit

Linguistically, "merit" refers to worthiness [1].

Technically, merit refers to "a set of personal attributes in an individual, including professional competence, administrative efficiency, and other qualities that are left to the discretion of the administration [2]." The deserving person is the one who is "most suited for a task and best able to fulfill its requirements [3]."

Article 41, Paragraph (A) of the Jordanian Civil Service Regulation [4] states: "Appointments in civil service positions are made according to the needs approved in job formation tables to ensure the employment of the best competencies based on merit and qualifications."

Ruling on Appointments Based on Merit and Qualifications

It is a religious obligation. Al-Shatibi [5] said: "The grand or minor leadership positions must be entrusted only to those who meet the required conditions, not to just anyone. All other positions follow this principle; the Sharia law demands that these roles be given only to those qualified to perform them." If someone unqualified is appointed, the appointment is invalid. Ibn Abidin [6] mentioned: "If the ruler appoints a teacher who is not qualified, the appointment is invalid. Therefore, it is obligatory for those in charge to appoint suitable individuals to these positions and remove them from those who are not qualified."

Evidences Supporting the Appointment of Qualified Individuals

Evidence for appointing competent individuals can be derived from the Qur'an, the Sunna, the traditions of the Companions, and rational reasoning, as follows:

1- From the Qur'an: Allah Says (What means): "One of the women said, 'O my father, hire him. Indeed, the best one you can hire is the strong and the trustworthy." [Al-Qasas/26]. Al-Nasafi [7] comments that the use of the past tense in "hired" indicates that his strength and trustworthiness were well-established. The phrase "the strong and the trustworthy" is comprehensive, as when these two qualities are combined in the person managing your affairs, your concerns will be relieved, and your goals will be fulfilled.

2- From the Sunna: The Prophet (PBUH) said to Abu Dharr when he asked to be employed: "O Abu Dharr, you are weak, and it is an Amanah (trust), and on the Day of Judgment, it will be a cause of shame and regret, except for those who take it with its due right and fulfill their responsibilities [8]." Al-Nawawi [9] explains that this hadith is a significant principle in avoiding positions of authority, especially for those unable to fulfill their duties. Even though Abu Dharr was trustworthy, the role requires a combination of strength and trustworthiness to be adequately fulfilled.

3- From the Traditions of the Companions: Umar Ibn Al-Khattab (May Allah Be Pleased with him) said: "O people, I have been appointed over you, and if I did not hope to be the best among you, the most capable of handling your affairs, and the most able to bear the weight of your concerns, I would not have accepted this role [10]." Commenting on this, Al-Aqqad [11] noted that the most deserving person to lead is the one most capable of performing the duties of leadership, not merely someone with the right to govern.

Achieving Goals and Interests: Appointing the most qualified individuals is essential for achieving the required objectives in governance and public service. Ibn Taymiyyah stated: "Knowing who is most suitable for the position depends on knowing the purpose of the role and the means to achieve it. The essential goal of leadership positions is to preserve religion and manage worldly affairs in a way that upholds the religion. Therefore, the person who meets the qualifications for the public office must be chosen [13]."

Benefits of Adopting Merit and Qualifications

The success of any administration in implementing its policies largely depends on how well it selects qualified, trustworthy employees and appoints them to positions that match their abilities, qualifications, and readiness [14]. This leads to the following benefits:

1- Improved performance, higher standards, and increased productivity [15]: Relying on merit and qualifications has a significant positive impact on the efficiency of civil service, as it ensures that positions are filled with employees who can perform their duties competently and effectively [16].

2- More effective achievement of goals and completion of tasks with higher quality and lower cost, both in production and in workforce development and training [17].

Consequences of Ignoring the Merit Criterion

Some scholars from the past have recognized the importance of relying on merit and the negative consequences of neglecting it. Among them is Al-Mawardi in his book [Advice to Kings pp.18] where he said: "The king should strive to select his officials—whether ministers, scribes, judges, or governors—from people of religion, reason, trustworthiness, competence, and independence. If a person lacks trust, he will betray. If betrayal occurs in such matters, it may lead to widespread harm or deep-rooted corruption. If a person lacks competence for the responsibilities assigned to him, the work will fall apart and scatter."

Therefore, some of the disadvantages of ignoring the merit criterion can be summarized as follows:

First: Leading to administrative corruption due to the poor selection of employees [19].

Second: Causing unjust equality between a competent employee and an incompetent one [20].

Third: Killing ambition and initiative in the hearts of outstanding employees and weakening their enthusiasm for work [21].

In conclusion, the good or poor selection and appointment of state employees—through applying or ignoring the merit and qualifications standard—directly impacts the state's reputation, dignity, and respect both locally and internationally. As "the public servant is the state's tool and true representation, and people see the state through him [22]."

Our last prayer is that praise be to Allah, The Lord of The Worlds.

 

References:

 [1] Check: Al-Fayrouzabadi, Al-Qamus Al-Muheet, Chapter of Ra, Section of Jeem, Word (J-D-R).

[2] Habish, Fawzi, The Public Employee – His Rights and Duties, p. 87, The Arab Organization for Administrative Sciences, League of Arab States.

[3] Al-Mawardi, Abu Al-Hasan Ali bin Muhammad bin Habib (1983). Advice to Kings (Edited by Khidr Muhammad Khidr), 1st ed., p. 187, Al-Falah Library, Kuwait.

[4] Law No. (82) of 2013 and its amendments up to 1/5/2017.

[5] Al-Muwafaqat, 1st ed., Dar Al-Kutub Al-Ilmiyya, p. 104.

[6] Hashiyat Ibn Abidin, 1st ed., Dar Ihyaa Al-Turath Al-Arabi, vol. 6, p. 266.

[7] Tafsir Al-Nasafi, vol. 3, p. 233, Dar Al-Fikr.

[8] Narrated by Muslim in Sahih Muslim, Book of Governance, Chapter on the Dislike of Leadership Without Necessity, Hadith 1825.

[9] Sahih Muslim with Commentary by Al-Nawawi, vol. 2, p. 166, Dar Al-Fikr.

[10] Al-Aqqad, Abbas, The Genius of Umar, p. 108, Jordanian Family Library, Jordanian Ministry of Culture.

[11] Ibid.

[12] Islamic Governance in Reforming the Ruler and the Ruled, p. 139, 1st ed., Dar Ibn Al-Haytham, Cairo.

[13] Abu Hajir, Majid Mahmoud Saeed, The Rules of Islamic Governance in Appointing State Employees in Islam, p. 82, Dar Al-Thaqafa, Amman.

[14] Habish, Fawzi, Public Employment and Personnel Management (262), p. 81, The Arab Organization for Administrative Sciences, League of Arab States.

[15] Ibid, p. 87.

[16] Ammar, Husni Hassan, Personnel Management, Institute of Public Administration, Saudi Arabia, p. 175.

[17] Yaghi, Dr. Muhammad Abdul Fattah, Ethics in Public Administration, p. 258, No Edition.

[18] Edited by Khidr Muhammad Khidr, 1st ed., Al-Falah Library, Kuwait, p. 187.

[21] Ibid.

[22] Jaafar, Dr. Muhammad Anas Qasim, Fundamental Principles of Public Employment in Islam, Dar Al-Nahda Al-Arabiya, Cairo, p. 13.

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

What is the ruling on giving Zakah (obligatory charity)to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

Is it permissible for the woman who is observing Iddah after the death of her husband to exchange calls with her relatives and husband`s family call?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for the woman who is observing Iddah* after death of husband to exchange calls with them; however, when she speaks to non-Mahrams , she shouldn`t be soft of speech and she should be straight to the point. This because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzaab/32]. And Allah The Almighty Knows Best.
 

 [1] The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

I want to buy a house by having a loan from a bank?

If taking a loan from usrious banks it is impermissible; on the other hand, if this took place through Islamic ones then it is permissible to get the loan, since Allah the Most Exalted Said (What means): "And Allah has made buying lawful and forbidden usury (riba)." And Allah Knows Best.

 

 

 

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..