Think Big Dream High, E58- Self Interest, Public Interest
And Allah SWT’s ruling
Conflict Of Interest
1.Interest by way of interpretation
can mean the benefit gained by one party such as that obtained by an
individual, a group, organization or for the public. Allah SWT is not looking
for any benefit or kindness from His living creations. All of our good deeds,
the benefits and interest will revert to us eventually.
2.All parties have the right, to
care and to defend their interests. Nobody can question this. All of us work
hard and put in our best effort to obtain the benefits and goodness for
ourselves and our group. We work, run businesses etc to earn a decent living.
All of our noble efforts will InsyaAllah be accepted by Allah SWT.
3.Issues of concern is when there is
a clash of interests. For instance between self interest and public interest.
Obviously the public interest must be given priority over and above self
interest. A clash of interest happens
say an individual, a public servant with authority uses his position to wrongfully
benefit or gain an advantage for
himself. This wrongdoing has affected the public’s interest to the extent that
the public has to pay more to obtain a certain service. The prices have to be
adjusted higher to cover for the ‘under-table’ money paid to the public servant
or his nominee.
4.The border between self interest
and Allah SWT’s ruling is clear. Do what is asked of you based on the teachings
of Islam and avoid all wrongful doings. The border between self interest and
public interest is also clear. Give priority to public interest over and above
self interest. The border between public interest and Allah SWT’s ruling is
also clear. Those things implemented for public interest must not be against Allah
SWT’s rulings.
1.The
conflict of interests happens when the person approving the project or the
person that can influence the decision to approve the project collude with the
contractor that has been identified earlier to be offered the particular
project. There is an element of graft in this case.
2.The
people that can influence the decision to approve the project could be the
children, son-in-law, husband or wife, relatives, close friends, cronies,
nominees, proteges or any parties
related to those approving the project. There have been cases where the nominees were found to posses various
bank accounts either locally or overseas on behalf of wife, children, son-in-law, or cronies of the person making the decision.
Tips
1.
Avoid from the very beginning being involved in any business transactions that
could possibly result in conflict of
interests. For example, do not accept any invitation for appointments out of
the office with parties that have business dealings with our organization. Even
if the meeting is important, its best to have a third party present.
2.
Make it compulsory for declaration of assets on an annual basis for all senior
or key positions in the government department or organizations. For example,
Managing Director, Government Department Secretary General, Purchasing Manager
etc or maybe even for all employees.
3.
Those who felt they are in a situation of conflict of interests should
refrained themselves from making decisions that can benefitted the parties that
have connection or family relationship with them. For example, we are involved
in making the decision to choose the supplier for our organization. One of the
bidders happen to be our in-law or cousin.
4.
Request for a third party evaluation or expert advise i.e. organization or
individuals with the necessary expertise to propose the companies that are
capable of implementing and developing a particular project. The final decision
must therefore take into account the assessment by the third party and not for
reasons of having conflict of interests.
5.
Have a code of ethics that list down clearly the things that can and cannot be done
by every employee in the organization. The listing should cover various aspects
of management, religion, social interaction, welfare, finance, business
dealings or activities including the aspects of benefit and punishment.
6.
Refrain from accepting appointment as a Board Member, Advisor receiving lucrative benefits such as company
car or allowances etc. from any companies that we have been involved in
awarding a mega project or investment. For example as head of the organization,
we are the key person responsible in approving the purchase of a building owned by company A at an exorbitant sum
of RM500 million. Now that we have
retired or resigned from our job with the government, Company A offered us the
position of Executive Director in their organization. Declined politely the
offer, no matter how tempting the offer sounds.
7.
Make available an early warning system, monitoring system, immediate counseling
and benchmark on the social standing, lifestyle and behavior of every employee
in an organization. This system must be informed in writing as soon as the
employee reported for duty. For example it is public knowledge that an employee
has bought a new car, way beyond his means. The Head of department can make an
enquiry as to how he can afford to purchase the car.
8. A person wanting to always do the right thing in
life need to deepen their religious knowledge to control their willful desires in
wanting to accumulate wealth, women and money. Whenever the opportunity arose for
a breach of power to occur, then that person need to istighfar, zikir and doa
so that Allah SWT will protect them from
being involved in any wrongful doings.
9. Those
in power and with authority need to have expert advise from the Islamic
scholars before making any kind of policies, programmes or public statements
that might be construed as containing elements against the teachings of Islam.
10.As
a professional who always think big and dream high, we must all the time avoid
totally being involved in transactions or activities that have elements of
conflict of interests and against Allah SWT’s rulings.
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