Articles

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.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.
However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.
Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

What is the ruling on tasting food while fasting?

Tasting food while fasting is disliked (makruh). However, if any part of the food reaches the body cavity (jauf), the fast becomes invalid.

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.