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 on swearing on the Holy Quran and breaking that oath?

It is impermissible to swear on the Holy Quran in vain, and it is also impermissible to subject it to such an act since breaking the oath after swearing on the Quran entails an expiation.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty 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.