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Corruption in Islam:
Corruption has a devastating impact on the economy and the society and that is why Islam
strictly prohibits bribery. This is what the Hadith and the Qur‟an have to say about it:
"God cursed the one who pays a bribe, the one who takes it and the mediator between the two".
Hadith
"And when it is said to them, "Do not cause corruption on the earth," they say, "We are but
reformers!" Qur‟an 2:11
"If one of you sees something wrong, let him change it with his hand; if he cannot, then with his
tongue; if he cannot, then with his heart and that is the minimum required by faith". “Hadith
From reading the second Hadith, it would be hypocritical of us not to speak of the corruption
plaguing the majority of Arab-Muslims countries that represent 20% of the total Muslim
community worldwide.
Ranking of corruption in Arab Muslim countries:
Although Islam strictly prohibits bribery, it is commonplace in most of these countries.
According to the reputable site Transparency.org which evaluates corruption in 183 countries
each year, here is the result for 2011 and the listing of the Arab countries starting from the least
corrupt:
Qatar is ranked #22, United Arab Emirates # 28 (which precedes Israel, Portugal and Spain);
Bahrain #46, Oman #50, Kuwait #54, Jordan #56, Saudi Arabia #57, Tunisia #73, Morocco #80,
Egypt and Algeria #112, Syria and Lebanon #134, Mauritania #143, Yemen #164, Libya #168,
Sudan #177, Iraq #175, Somalia #178.
We would like to add these three non-Arab countries which are at majority Muslims: Iran is
ranked #120, Pakistan #134, Afghanistan #180.
Palestine is not on the list because it is still not recognized as a state, but its leaders (former and
actual) have diverted millions of dollars in donation money intended for their own people.
The Corruption starts at the highest level of these countries:
On several occasions, foreign companies wishing to invest in some of these countries (which,
would ease the unemployment rate) reported having to pay substantial bribes in order to win the
contract to the highest authorities of these countries (which are installed in power for life) either
directly to the presidency, to the monarchy or to the generals and colonels (for countries with
authoritarian military).
To the government employees:
In most of these countries, bribes are also common practice among state employees, from the
customs at the borders, police officers… to the people in charge of delivering administrative
documents. And when corruption affects the justice system, do not expect a fair trial.
Given that these Muslims (the corrupt ones) very well know that according to the Hadith that
God have cursed the one who pays a bribe, the one who takes it and the mediator between the
two, here is the phrase they use when paying a bribe: "Consider this as a gift."
Do they really believe that God does not know the contents of their hearts or what their
intentions are? While God says in the Qur'an: " You shall observe God; God is fully aware of the
innermost thoughts". Qur'an 5:7
And in case they did not know what being cursed means (as described in the Hadith):
The curse is a state of calamity insured by God that the cursed person will not receive mercy or
forgiveness from God and will be banished from entering Paradise as was Satan when he was
cursed and ordered out of paradise forever.
According to the Chambers 20th Century Dictionary, corrupt means debased, dishonest, putrid,
bribed, tainted etc. Corruption generally means financial irregularities, and bribe is a part of it.
The lust for money and the desire to become rich in a short period of time is the main motive
behind it. Overpowered by greed, man loses the sense of good and evil, legitimate and
illegitimate and acquiring wealth means success to him. And greed is in every man‟s heart:
“And greed is close to hearts.” (Al Nisa: 128)
In the present age, corruption has become so common place that it has become a topic of serious
discussion on national and international level. Corruption has affected the lives of both the
common people and the elite and the economy so much that it has given rise to public
movements and has even become the forerunner of political revolution in many countries of the
world. Corruption in the bureaucracy and the government of the Arab countries was one of the
reasons behind the recent revolution and coup there. The unrest due to the high level of
corruption has taken the shape of public movement in India too.
It does not however mean that today only the ruling class --- ministers, political representatives
or bureaucrats are corrupt. In fact, every section of the society is neck deep in the mire of
corruption. Whether it is a doctor, a teacher, a judge, a lawyer, a businessman or a farmer, no one
can claim to be above corruption.
If we study the Quran in the context of corruption, we will find that the Quran has not only
pointed out and condemned corruption in the religious belief (idol worship etc.) but is has also
pointed out and opposed social and economic ills. Corruption has existed in every society in
every age. Therefore, the Quran also speaks about corruption. It tells the tales of different nations
that were exterminated in punishment to their social and moral wrongdoings. The nation of Saba
was destroyed because of their ingratitude to God; the nation of Prophet Louth was exterminated
for their sexual perversion; the nation of Noah was uprooted for their total disobedience and
mischievousness. There was the nation of the Prophet Shuaib. The Quran calls them the residents
of Madian. They would indulge in corruption while weighing or measuring things. While selling
their wares they would not give full measure to the buyers or would not weigh things honestly in
order to make more profit. It was the primitive form of corruption. The practice had become so
widespread among them that it had got common acceptance in the same way as bribery has
assumed the status of an indispensible tool. On the one hand, Prophet Shuaib (AS) preached the
oneness of God and Namaz and on the other; he started opposing their practice of weighing or
measuring dishonestly therefore cheating people. He would ask the people to be honest to their
brethren. The people of Madian, who were already unhappy with Prophet Shuaib‟s opposition of
the religion of their forefathers, came out into the open in his opposition when his opposition of
their corrupt practices started affecting their business. They threatened him with stoning to death:
“And to the people of Madian, we sent their berother Shuaib. He said, O my people serve Allah;
you have no deity other than He. Do not give short measure and weight. Though I see you in a
state of prosperity, I fear for you the scourge of a day that will encircle you. And O my people
give full measure and weight justly and do not defraud of their goods and do not spread mischief
in the land. The residue (after giving full measure) is best for you, if you are believers. Any how
I am not a guardian over you. “They replied, O Shuaib, Does your salat teach you this that we
should give up all those deities whom our forefathers worshipped or that we should have no right
on our goods to dispense with them as we please. Indeed you are the only generous and righteous
man (left in the land).” (Hud: 84-87)
When Prophet Shuaib insisted that they should give up their corrupt ways, they said bitterly:
“They answered, “O Shuaib, We do not understand much of what you say. Indeed we see that
you are a powerless man among us. Had it not been for your family, we would have stoned you
to death long before this for you are not strong enough to prevail over us.”(Hud: 91)
The conversion mentioned above is meaningful in many ways. It shows that the people of
Madian were well-to-do. They indulged in corruption only to make maximum profit. It means
that the lust for making more money or profit is at the root of corruption. Another point that
becomes clear from the conversation is that the true Deen (faith) does not only preach the
oneness of God but also lays stress on honesty, justice, righteousness and piety as well. Islam
was opposed so vehemently because it did not preach only the oneness of God permitting all the
evil practices as was allowed with idol worship but because it wielded a blow to all the social
and economic malpractices at the same time. The Jews of Arab had become the diehard enemies
of Islam because it had declared riba (interest) a major sin and declared it haram. The Jews of
Arab ran money lending business at a very high interest rate. Anyone who once borrowed money
from them at interest would be indebted to them for life because of their compound interest
rates. The same situation arose when consumption of wine was declared haram by the Quran.
The business of liquor collapsed at once.
The Quran says that God inspired the invention of the weighing scale and revealed the Quran.
The Quran was revealed for correcting the faith of the man while the scale was inspired for
honesty in business transactions.
“God is one who sent forth the holy book on the right path and the scale too.” (Al Shoura: 17)
The scale is mentioned on yet another occasion:
“We sent forth our messengers with clear signs and revealed the book along with them and the
weighing scale so that people remain on the right path.” (Al Hadeed: 25)
The Quran also says:
“And he mounted the skies and put the scale so that you do not do injustice while weighing.” (Al
Rahman)
Some exegetes believe that the scale is only a symbol here. But I believe that it represents the
physical weighing scale. God instructed Noah to build the ark under His inspiration and
instructions. He taught David how to make weapons and tools out of iron. So he also inspired
man to make the weighing scale so that he can do business honestly and justly thus earning by
legitimate means. The weighing scale has been an indispensible tool for weighing and
measuring. The man of this modern and scientific age has not been able to create an alternative
to this primitive tool. This tool is in the use of man in its original form since its invention.
Similarly, the Quran too exists in its original form since its revelation and has been the final
authority on good and evil. This is the reason God mentions the Quran and the scale in the same
vein.
“Do not spread mischief on earth” also calls for explanation. To spread „fasad‟ (mischief,
corruption) is used in three contexts in the Quran. Firstly, it means causing violence and
bloodshed without justification. Secondly, it means introducing corrupt practices and ideas in the
faith. And thirdly, it means violating the natural order. When a milkman mixes water with pure
milk, he violates the natural order or spreads „fasad‟ (mischief). When a businessman weighs
dishonestly, he spreads fasad; when a farmer uses unnatural or unethical means to increase the
production of vegetables and fruits, he violates the natural order. The nation of the Prophet Louth
did not cause violence and bloodshed but they were guilty of committing an unnatural act
violating the natural order. When a school teacher exchanges good quality of rice meant for mid
day meal for children with poor quality of rice with a rice trader for making extra money, he
commits corruption or spreads mischief.
“And give unto orphans their property and do not exchange (your) bad things for (their) good
ones; and devour not their substance (by adding it) to your substance. Surely, this is a great sin.
“(Al Nisa: 2)
In this modern age, wealth is not buried under the earth for protection but other safer means are
available. In the present age, gold and silver are put in bank lockers where they lie uselessly for
decades causing huge loss to the economy. Big industrialists, politicians and rulers deposit their
ill-gotten money in Swiss banks where it is difficult to trace them. These safer means of keeping
illegitimate wealth have only promoted corruption and people‟s lust for money today knows no
bound. Our politicians, rulers and bureaucrats are racing with each other in plundering public
wealth by depriving people of their rightful share. The Quran says about such men:
Inventories of questions:
Corruption may take place at any stage in the process of tendering for, awarding and
performing
Public contracts for works, supplies or services. Various forms of corruption can be identified
throughout
The four principle stages of the public procurement process:
a) Identification of needs.
b) Definition of specifications.
c) Awarding of the contract.
d) Performance of the contract.
1. Mechanisms used during the identification of needs:
It has been observed that before a contract is put out to tender, during the phase of determining
project needs, two methods may be used to favor one candidate over another. The first is to
distort or falsify. Needs so that projects can be launched which are unnecessary or bigger than
planned. The second method is to commission onerous or unjustified studies.
Modified or falsified needs:
Changing or falsifying needs is a way of justifying purchases, works or services that are often
Unnecessary or disproportionate to actual needs. The initiators of the project outline the
justifications of needs in an explanatory report. In many cases these project officials can only be
reprimanded for benign "mistakes" such as wrongly estimating stocks, replacing equipment that
could have been repaired or failing to look for alternative solutions. However, these justifications
can conceal corruption.
Unnecessary, falsified or subjective studies:
Studies are often essential in order to identify needs, but can also be used for corrupt ends.
Examples include small-scale studies commissioned from a favored firm without
consultation or studies that are commissioned but never delivered or claimed, even though
advances have been paid. In some cases, several organizations submit identical studies,
simultaneously or over a period of time. For example, an initial study is commissioned from a
competent organization. The results of the initial study are then passed on to fictitious firms that
plagiaries them, generating very substantial margins that can be shared with the decision-maker
through a slush fund, using false invoices Instead of commissioning studies from independent
organisations, the decision-maker can have them carried out in-house. Internal units may bias
their studies. Deliberate omissions can then be used later to justify an award of contracts. Usually
this leads to a negotiated procedure, which is generally unpublicized and is without competitive
tendering.
2. Mechanisms used during the definition of specifications:
It has been determined that there are many ways of concealing corruption in the process of
drawing up specifications. However, they are not easy to identify, particularly when controllers
are not familiar with the technical aspects of a given project. Claims, especially those made by
unsuccessful bidders, must be checked quickly and thoroughly so as to ensure that controllers are
not used unknowingly to eliminate a chosen candidate.
Misevaluated project estimate:
The project estimate is a crucial and often complex element in the procurement process. In the
most complex cases, the project is estimated in two stages: a summary estimate formulated at the
same time as the initial study and a final estimate, drawn up together with the specifications. A
contract estimate can be deliberately under- or overstated. Underestimation is frequent and can
unduly facilitate the authorization to begin a project. The necessary supplements will
subsequently inflate the initial cost, because the winner of the initial contract will inevitably
be the beneficiary of the supplements, which are rarely negotiable, enervating substantial
margins that facilitate corruption. Purchases or works may be overestimated when the decision
maker is certain that a contract will be awarded. The awardees of the contract will thus have a
comfortable margin, part of which may be returned to the decision-maker without increasing the
initial cost. The decision-maker may even be perceived as a good manager and re-elected for
another term, since the project required neither re-evaluation nor supplemental costs.
Preference for a single supplier:
A single supplier may be favored for a contract. Two methods are frequently used to justify
awarding a contract to a given firm: choosing services covered by an exclusive right; or
commissioning studies or specifications from an operator linked to a group, another of whose
subsidiaries will then bid for the contract. In the second case, the subsidiary has exclusive access
to inform motion that other bidders do not have.
Inaccurate data:
The intentional use of inaccurate data can conceal corruption. In this case, a favored firm is told
about incomplete or inaccurate information deliberately included in the specifications. The firm
ma y discount a particularly onerous condition in its estimate and win the contract by making a
bid that is lower than other bids but provides for a higher margin nevertheless. In another
example, a firm makes a low overall bid to win the contract but charges high unit prices for the
goods or services needed to continue the work, without a new tender. The additional work,
carried out by the contractor and paid at the stated unit price, generates a substantial profit.
Excessive specifications:
Imposing specifications that are much more rigorous than general standards can be another
method to disguise corruption. In this technique, the official responsible for certifying the work
is an accomplice. The official states that the work is in conformity with specifications, when in
fact it is not. As long as the work meets generally accepted standards, safety certification
agencies do not conduct further inspections.
Imposed requirements for maintenance:
Some equipment and material need maintenance that can be provided only by an installer
with an exclusive right. In such cases the purchase contract is negotiated on particularly
advantageous terms, but the maintenance is later carried out under conditions imposed by
the supplier. This technique is encountered particularly in contracts involving computers and
office equipment. Another technique along similar lines is the purchase of state-of-the-art
equipment that is incompatible with the decision-makers existing equipment. At some point,
the decision-maker will be obliged either to make expensive modifications to make existing
equipment compatible or to replace it completely.
3. Mechanisms used in the awarding of the contract:
The most frequent offences in the awarding of contracts involve circumventing the
application of regulations. The main techniques to conceal corruption are splitting contracts,
reducing publicity, misusing procedure and skewing selection criteria.
Split contracts:
This method consists of splitting a large contract into several smaller ones that are not
subject to public procurement regulations. The same firm does all the work but the bills
are submitted under different company names. In the case of several companies taken over by a
competitor, this is very easy, as acquired companies maintain their own distinct identity.
Reduced publicity:
Splitting contracts can also reduce competition, especially from foreign firms by circumventing
the requirement for publication of calls for tender (in the Official Journal of the European Union,
for example). Fraudulent operators can reduce publicity in other ways, such as publication in a
journal with limited circulation or in domestic journals only or by making false claims of
urgency that requires a shorter tender period. Wrongdoers can eliminate publicity entirely by
using as justification spurious legal grounds such as state secrecy, exclusive rights, research or
experimental work or additional supplies.
Misuse of procedure:
There are two types of misuse of procedure that deserve particular attention: an open but
inconclusive call for tenders and a restricted call for tenders. Given that it is difficult to know the
outcome of an open call for tenders, and in order to reduce the risk of an unknown bidder beating
a favorite, the tender procedure is replace end by a negotiated procedure. The reason generally
put forward for not awarding a contract on completion of the tender procedure is that the bidders'
prices exceed the total envelope available. A restricted call for tenders is justified in principle by
the technical complexity of the operation or by the existence of patents or exclusive processes.
However, the procedure may be misused in order to eliminate rivals, since in some cases
work is sub-contracted to firms that do not have the required qualifications.This procedure
may also give rise to conspiracies between candidates on a list of possible renderers. It is a real
danger, since mergers and acquisitions have reduced the number of specialists, whether for
works, supplies or services. It can also be noted that it may be perilous to try to break up a
conspiracy, since the claimed "victims" can bring a complaint against the decision-maker for
favoritism.
Biased criteria:
Some of the bid selection criteria contained in public procurement regulations may be
deliberately chosen for their subjective nature, enabling the classification of bids to be changed.
This is the case, for example, with the "architectural aspect" or "environmental appropriateness"
of a project. The criteria may also be revised by the members of the awarding commission when
the bids are opened, for example by creating or modifying weightings allocated to each criterion
or by adding further criteria.
Inability or failure to apply penalties:
In certain cases it may prove impossible to sanction failure to comply with
specifications, either because the necessary clauses have been removed from the contract or
because the decision-maker does not enforce them.
Omission of mandatory clauses:
Mandatory clauses are sometimes inexplicably omitted from the specifications or
contractual documents, especially the general administrative terms. They are often penalty
clauses for non-compliance with terms or conditions of the contract, such as missed
deadlines, modification of equipment between order and delivery, obvious computational
errors, etc. These omissions cannot be mere oversight, because the master documents used to
draw up the contract contain all these clauses; and several deliberate steps must be taken in order
to eliminate them.
Non-enforcement of penalty clauses:
Where penalty clauses do exist, fraudulent intent may be revealed by the contracting
authority's failure to take action against contractual non-compliance. If the amount of work
has been wrongly estimated or essential services have not been provided, the fault generally lies
with the contractor, design firm, technical controller, etc. and not with the contracting authority.
Yet no steps are taken to sanction the initiators, despite the contractor's claims and the need
for supplements to t he initial contract. On the contrary, as the initiators‟ profits are
proportionate to the volume of work, they are actually rewarded for their faults.

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Overview of literature

  • 1. Corruption in Islam: Corruption has a devastating impact on the economy and the society and that is why Islam strictly prohibits bribery. This is what the Hadith and the Qur‟an have to say about it: "God cursed the one who pays a bribe, the one who takes it and the mediator between the two". Hadith "And when it is said to them, "Do not cause corruption on the earth," they say, "We are but reformers!" Qur‟an 2:11 "If one of you sees something wrong, let him change it with his hand; if he cannot, then with his tongue; if he cannot, then with his heart and that is the minimum required by faith". “Hadith From reading the second Hadith, it would be hypocritical of us not to speak of the corruption plaguing the majority of Arab-Muslims countries that represent 20% of the total Muslim community worldwide. Ranking of corruption in Arab Muslim countries: Although Islam strictly prohibits bribery, it is commonplace in most of these countries. According to the reputable site Transparency.org which evaluates corruption in 183 countries each year, here is the result for 2011 and the listing of the Arab countries starting from the least corrupt: Qatar is ranked #22, United Arab Emirates # 28 (which precedes Israel, Portugal and Spain); Bahrain #46, Oman #50, Kuwait #54, Jordan #56, Saudi Arabia #57, Tunisia #73, Morocco #80, Egypt and Algeria #112, Syria and Lebanon #134, Mauritania #143, Yemen #164, Libya #168, Sudan #177, Iraq #175, Somalia #178. We would like to add these three non-Arab countries which are at majority Muslims: Iran is ranked #120, Pakistan #134, Afghanistan #180. Palestine is not on the list because it is still not recognized as a state, but its leaders (former and actual) have diverted millions of dollars in donation money intended for their own people. The Corruption starts at the highest level of these countries: On several occasions, foreign companies wishing to invest in some of these countries (which, would ease the unemployment rate) reported having to pay substantial bribes in order to win the contract to the highest authorities of these countries (which are installed in power for life) either directly to the presidency, to the monarchy or to the generals and colonels (for countries with authoritarian military). To the government employees: In most of these countries, bribes are also common practice among state employees, from the customs at the borders, police officers… to the people in charge of delivering administrative documents. And when corruption affects the justice system, do not expect a fair trial. Given that these Muslims (the corrupt ones) very well know that according to the Hadith that God have cursed the one who pays a bribe, the one who takes it and the mediator between the two, here is the phrase they use when paying a bribe: "Consider this as a gift."
  • 2. Do they really believe that God does not know the contents of their hearts or what their intentions are? While God says in the Qur'an: " You shall observe God; God is fully aware of the innermost thoughts". Qur'an 5:7 And in case they did not know what being cursed means (as described in the Hadith): The curse is a state of calamity insured by God that the cursed person will not receive mercy or forgiveness from God and will be banished from entering Paradise as was Satan when he was cursed and ordered out of paradise forever. According to the Chambers 20th Century Dictionary, corrupt means debased, dishonest, putrid, bribed, tainted etc. Corruption generally means financial irregularities, and bribe is a part of it. The lust for money and the desire to become rich in a short period of time is the main motive behind it. Overpowered by greed, man loses the sense of good and evil, legitimate and illegitimate and acquiring wealth means success to him. And greed is in every man‟s heart: “And greed is close to hearts.” (Al Nisa: 128) In the present age, corruption has become so common place that it has become a topic of serious discussion on national and international level. Corruption has affected the lives of both the common people and the elite and the economy so much that it has given rise to public movements and has even become the forerunner of political revolution in many countries of the world. Corruption in the bureaucracy and the government of the Arab countries was one of the reasons behind the recent revolution and coup there. The unrest due to the high level of corruption has taken the shape of public movement in India too. It does not however mean that today only the ruling class --- ministers, political representatives or bureaucrats are corrupt. In fact, every section of the society is neck deep in the mire of corruption. Whether it is a doctor, a teacher, a judge, a lawyer, a businessman or a farmer, no one can claim to be above corruption. If we study the Quran in the context of corruption, we will find that the Quran has not only pointed out and condemned corruption in the religious belief (idol worship etc.) but is has also pointed out and opposed social and economic ills. Corruption has existed in every society in every age. Therefore, the Quran also speaks about corruption. It tells the tales of different nations that were exterminated in punishment to their social and moral wrongdoings. The nation of Saba was destroyed because of their ingratitude to God; the nation of Prophet Louth was exterminated for their sexual perversion; the nation of Noah was uprooted for their total disobedience and mischievousness. There was the nation of the Prophet Shuaib. The Quran calls them the residents of Madian. They would indulge in corruption while weighing or measuring things. While selling their wares they would not give full measure to the buyers or would not weigh things honestly in order to make more profit. It was the primitive form of corruption. The practice had become so widespread among them that it had got common acceptance in the same way as bribery has assumed the status of an indispensible tool. On the one hand, Prophet Shuaib (AS) preached the oneness of God and Namaz and on the other; he started opposing their practice of weighing or measuring dishonestly therefore cheating people. He would ask the people to be honest to their brethren. The people of Madian, who were already unhappy with Prophet Shuaib‟s opposition of the religion of their forefathers, came out into the open in his opposition when his opposition of their corrupt practices started affecting their business. They threatened him with stoning to death:
  • 3. “And to the people of Madian, we sent their berother Shuaib. He said, O my people serve Allah; you have no deity other than He. Do not give short measure and weight. Though I see you in a state of prosperity, I fear for you the scourge of a day that will encircle you. And O my people give full measure and weight justly and do not defraud of their goods and do not spread mischief in the land. The residue (after giving full measure) is best for you, if you are believers. Any how I am not a guardian over you. “They replied, O Shuaib, Does your salat teach you this that we should give up all those deities whom our forefathers worshipped or that we should have no right on our goods to dispense with them as we please. Indeed you are the only generous and righteous man (left in the land).” (Hud: 84-87) When Prophet Shuaib insisted that they should give up their corrupt ways, they said bitterly: “They answered, “O Shuaib, We do not understand much of what you say. Indeed we see that you are a powerless man among us. Had it not been for your family, we would have stoned you to death long before this for you are not strong enough to prevail over us.”(Hud: 91) The conversion mentioned above is meaningful in many ways. It shows that the people of Madian were well-to-do. They indulged in corruption only to make maximum profit. It means that the lust for making more money or profit is at the root of corruption. Another point that becomes clear from the conversation is that the true Deen (faith) does not only preach the oneness of God but also lays stress on honesty, justice, righteousness and piety as well. Islam was opposed so vehemently because it did not preach only the oneness of God permitting all the evil practices as was allowed with idol worship but because it wielded a blow to all the social and economic malpractices at the same time. The Jews of Arab had become the diehard enemies of Islam because it had declared riba (interest) a major sin and declared it haram. The Jews of Arab ran money lending business at a very high interest rate. Anyone who once borrowed money from them at interest would be indebted to them for life because of their compound interest rates. The same situation arose when consumption of wine was declared haram by the Quran. The business of liquor collapsed at once. The Quran says that God inspired the invention of the weighing scale and revealed the Quran. The Quran was revealed for correcting the faith of the man while the scale was inspired for honesty in business transactions. “God is one who sent forth the holy book on the right path and the scale too.” (Al Shoura: 17) The scale is mentioned on yet another occasion: “We sent forth our messengers with clear signs and revealed the book along with them and the weighing scale so that people remain on the right path.” (Al Hadeed: 25) The Quran also says: “And he mounted the skies and put the scale so that you do not do injustice while weighing.” (Al Rahman) Some exegetes believe that the scale is only a symbol here. But I believe that it represents the physical weighing scale. God instructed Noah to build the ark under His inspiration and instructions. He taught David how to make weapons and tools out of iron. So he also inspired
  • 4. man to make the weighing scale so that he can do business honestly and justly thus earning by legitimate means. The weighing scale has been an indispensible tool for weighing and measuring. The man of this modern and scientific age has not been able to create an alternative to this primitive tool. This tool is in the use of man in its original form since its invention. Similarly, the Quran too exists in its original form since its revelation and has been the final authority on good and evil. This is the reason God mentions the Quran and the scale in the same vein. “Do not spread mischief on earth” also calls for explanation. To spread „fasad‟ (mischief, corruption) is used in three contexts in the Quran. Firstly, it means causing violence and bloodshed without justification. Secondly, it means introducing corrupt practices and ideas in the faith. And thirdly, it means violating the natural order. When a milkman mixes water with pure milk, he violates the natural order or spreads „fasad‟ (mischief). When a businessman weighs dishonestly, he spreads fasad; when a farmer uses unnatural or unethical means to increase the production of vegetables and fruits, he violates the natural order. The nation of the Prophet Louth did not cause violence and bloodshed but they were guilty of committing an unnatural act violating the natural order. When a school teacher exchanges good quality of rice meant for mid day meal for children with poor quality of rice with a rice trader for making extra money, he commits corruption or spreads mischief. “And give unto orphans their property and do not exchange (your) bad things for (their) good ones; and devour not their substance (by adding it) to your substance. Surely, this is a great sin. “(Al Nisa: 2) In this modern age, wealth is not buried under the earth for protection but other safer means are available. In the present age, gold and silver are put in bank lockers where they lie uselessly for decades causing huge loss to the economy. Big industrialists, politicians and rulers deposit their ill-gotten money in Swiss banks where it is difficult to trace them. These safer means of keeping illegitimate wealth have only promoted corruption and people‟s lust for money today knows no bound. Our politicians, rulers and bureaucrats are racing with each other in plundering public wealth by depriving people of their rightful share. The Quran says about such men: Inventories of questions: Corruption may take place at any stage in the process of tendering for, awarding and performing Public contracts for works, supplies or services. Various forms of corruption can be identified throughout The four principle stages of the public procurement process: a) Identification of needs. b) Definition of specifications. c) Awarding of the contract. d) Performance of the contract.
  • 5. 1. Mechanisms used during the identification of needs: It has been observed that before a contract is put out to tender, during the phase of determining project needs, two methods may be used to favor one candidate over another. The first is to distort or falsify. Needs so that projects can be launched which are unnecessary or bigger than planned. The second method is to commission onerous or unjustified studies. Modified or falsified needs: Changing or falsifying needs is a way of justifying purchases, works or services that are often Unnecessary or disproportionate to actual needs. The initiators of the project outline the justifications of needs in an explanatory report. In many cases these project officials can only be reprimanded for benign "mistakes" such as wrongly estimating stocks, replacing equipment that could have been repaired or failing to look for alternative solutions. However, these justifications can conceal corruption. Unnecessary, falsified or subjective studies: Studies are often essential in order to identify needs, but can also be used for corrupt ends. Examples include small-scale studies commissioned from a favored firm without consultation or studies that are commissioned but never delivered or claimed, even though advances have been paid. In some cases, several organizations submit identical studies, simultaneously or over a period of time. For example, an initial study is commissioned from a competent organization. The results of the initial study are then passed on to fictitious firms that plagiaries them, generating very substantial margins that can be shared with the decision-maker through a slush fund, using false invoices Instead of commissioning studies from independent organisations, the decision-maker can have them carried out in-house. Internal units may bias their studies. Deliberate omissions can then be used later to justify an award of contracts. Usually this leads to a negotiated procedure, which is generally unpublicized and is without competitive tendering. 2. Mechanisms used during the definition of specifications: It has been determined that there are many ways of concealing corruption in the process of drawing up specifications. However, they are not easy to identify, particularly when controllers are not familiar with the technical aspects of a given project. Claims, especially those made by unsuccessful bidders, must be checked quickly and thoroughly so as to ensure that controllers are not used unknowingly to eliminate a chosen candidate. Misevaluated project estimate: The project estimate is a crucial and often complex element in the procurement process. In the most complex cases, the project is estimated in two stages: a summary estimate formulated at the same time as the initial study and a final estimate, drawn up together with the specifications. A contract estimate can be deliberately under- or overstated. Underestimation is frequent and can unduly facilitate the authorization to begin a project. The necessary supplements will subsequently inflate the initial cost, because the winner of the initial contract will inevitably be the beneficiary of the supplements, which are rarely negotiable, enervating substantial margins that facilitate corruption. Purchases or works may be overestimated when the decision
  • 6. maker is certain that a contract will be awarded. The awardees of the contract will thus have a comfortable margin, part of which may be returned to the decision-maker without increasing the initial cost. The decision-maker may even be perceived as a good manager and re-elected for another term, since the project required neither re-evaluation nor supplemental costs. Preference for a single supplier: A single supplier may be favored for a contract. Two methods are frequently used to justify awarding a contract to a given firm: choosing services covered by an exclusive right; or commissioning studies or specifications from an operator linked to a group, another of whose subsidiaries will then bid for the contract. In the second case, the subsidiary has exclusive access to inform motion that other bidders do not have. Inaccurate data: The intentional use of inaccurate data can conceal corruption. In this case, a favored firm is told about incomplete or inaccurate information deliberately included in the specifications. The firm ma y discount a particularly onerous condition in its estimate and win the contract by making a bid that is lower than other bids but provides for a higher margin nevertheless. In another example, a firm makes a low overall bid to win the contract but charges high unit prices for the goods or services needed to continue the work, without a new tender. The additional work, carried out by the contractor and paid at the stated unit price, generates a substantial profit. Excessive specifications: Imposing specifications that are much more rigorous than general standards can be another method to disguise corruption. In this technique, the official responsible for certifying the work is an accomplice. The official states that the work is in conformity with specifications, when in fact it is not. As long as the work meets generally accepted standards, safety certification agencies do not conduct further inspections. Imposed requirements for maintenance: Some equipment and material need maintenance that can be provided only by an installer with an exclusive right. In such cases the purchase contract is negotiated on particularly advantageous terms, but the maintenance is later carried out under conditions imposed by the supplier. This technique is encountered particularly in contracts involving computers and office equipment. Another technique along similar lines is the purchase of state-of-the-art equipment that is incompatible with the decision-makers existing equipment. At some point, the decision-maker will be obliged either to make expensive modifications to make existing equipment compatible or to replace it completely. 3. Mechanisms used in the awarding of the contract: The most frequent offences in the awarding of contracts involve circumventing the application of regulations. The main techniques to conceal corruption are splitting contracts, reducing publicity, misusing procedure and skewing selection criteria.
  • 7. Split contracts: This method consists of splitting a large contract into several smaller ones that are not subject to public procurement regulations. The same firm does all the work but the bills are submitted under different company names. In the case of several companies taken over by a competitor, this is very easy, as acquired companies maintain their own distinct identity. Reduced publicity: Splitting contracts can also reduce competition, especially from foreign firms by circumventing the requirement for publication of calls for tender (in the Official Journal of the European Union, for example). Fraudulent operators can reduce publicity in other ways, such as publication in a journal with limited circulation or in domestic journals only or by making false claims of urgency that requires a shorter tender period. Wrongdoers can eliminate publicity entirely by using as justification spurious legal grounds such as state secrecy, exclusive rights, research or experimental work or additional supplies. Misuse of procedure: There are two types of misuse of procedure that deserve particular attention: an open but inconclusive call for tenders and a restricted call for tenders. Given that it is difficult to know the outcome of an open call for tenders, and in order to reduce the risk of an unknown bidder beating a favorite, the tender procedure is replace end by a negotiated procedure. The reason generally put forward for not awarding a contract on completion of the tender procedure is that the bidders' prices exceed the total envelope available. A restricted call for tenders is justified in principle by the technical complexity of the operation or by the existence of patents or exclusive processes. However, the procedure may be misused in order to eliminate rivals, since in some cases work is sub-contracted to firms that do not have the required qualifications.This procedure may also give rise to conspiracies between candidates on a list of possible renderers. It is a real danger, since mergers and acquisitions have reduced the number of specialists, whether for works, supplies or services. It can also be noted that it may be perilous to try to break up a conspiracy, since the claimed "victims" can bring a complaint against the decision-maker for favoritism. Biased criteria: Some of the bid selection criteria contained in public procurement regulations may be deliberately chosen for their subjective nature, enabling the classification of bids to be changed. This is the case, for example, with the "architectural aspect" or "environmental appropriateness" of a project. The criteria may also be revised by the members of the awarding commission when the bids are opened, for example by creating or modifying weightings allocated to each criterion or by adding further criteria. Inability or failure to apply penalties: In certain cases it may prove impossible to sanction failure to comply with specifications, either because the necessary clauses have been removed from the contract or because the decision-maker does not enforce them.
  • 8. Omission of mandatory clauses: Mandatory clauses are sometimes inexplicably omitted from the specifications or contractual documents, especially the general administrative terms. They are often penalty clauses for non-compliance with terms or conditions of the contract, such as missed deadlines, modification of equipment between order and delivery, obvious computational errors, etc. These omissions cannot be mere oversight, because the master documents used to draw up the contract contain all these clauses; and several deliberate steps must be taken in order to eliminate them. Non-enforcement of penalty clauses: Where penalty clauses do exist, fraudulent intent may be revealed by the contracting authority's failure to take action against contractual non-compliance. If the amount of work has been wrongly estimated or essential services have not been provided, the fault generally lies with the contractor, design firm, technical controller, etc. and not with the contracting authority. Yet no steps are taken to sanction the initiators, despite the contractor's claims and the need for supplements to t he initial contract. On the contrary, as the initiators‟ profits are proportionate to the volume of work, they are actually rewarded for their faults.