Wrongdoing or improper conduct in an a organisation: employee's duty to 'blow the whistle' from an Islamic perspective
The Whistleblower Protection Act 2010, was enacted by the Malaysian Parliament in June 2010 in an attempt to supress corruption and to protect individuals in an organisation who attempts to expose an alleged dishonesty or illegal activity that violates the existing laws, among others. The Act enc...
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| Format: | Article |
| Language: | English |
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LexisNexis
2015
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| Online Access: | http://irep.iium.edu.my/45529/ http://irep.iium.edu.my/45529/1/WISTLEBLOWERS_IN_ISLAM.pdf |
| Summary: | The Whistleblower Protection Act 2010, was enacted by the Malaysian
Parliament in June 2010 in an attempt to supress corruption and to protect
individuals in an organisation who attempts to expose an alleged dishonesty or
illegal activity that violates the existing laws, among others. The Act encourages
and facilitates the anonymous whistleblowing of wrongdoing or improper
conduct in the public and private sector. The Act provides, inter alia,
protection of the whistleblower against the disclosure of confidential
information, immunity from civil and criminal action and protection against
retaliatory action or reprisals. The whistleblower protection however is
dependent on the fulfilment of certain requirements namely, that the
disclosure must be done in good faith with a reasonable belief of the improper
conduct to the designated enforcement agencies specified by the Act. However,
no protection is available when the complaint or communication was made to
other than the designated enforcement agency. Further, the disclosure must not
be prohibited or violates the existing written laws such as the disclosure of
customer profiles in breach of the Financial Services Act 2013 or the
dissemination of information classified as an official secret under the Official
Secrets Act 1972, among others. Having said the above, this article explores the
whistleblowing from the Islamic perspective in the context of employment
relationship. |
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