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.

 

The published article reflects the opinion of its author

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

What is the ruling on the prayer of the individual following the imam whose prayer is broadcasted via television?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Sihhat al-Iqtida’) is that the Imam and the follower (Ma’mum) must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcast via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.