Unethical issues in Engineering Practices presentation

UNETHICAL ISSUES IN ENGINEERING PRACTICESGEN 4100-

Unit 5

Units Topics

1 History of Ethical Studies and Human actions

2 Muslim viewpoints on Professionalism

3 Muslim Position on Environmental Protection

4 Unethical issues in Engineering Practices

5 Health Protection from an Islamic Perspective

6 Islamic View on natural Disasters and Harmful Hazards

7 Whistle-blowing and Engineering Preventive ethics

8 Social & Global Responsibilities of Muslim Engineers

9 Engineer’s Workplace Environment

10 Islamazing Codes of Engineering Ethics & Societies

UNETHICAL ISSUES IN ENGINEERING PRACTICES

The nature of Engineering corruption

Engineers can misuse the truth in many different ways including:

1. Lying:

- Intentionally or at least knowingly convey false or misleading information. (intention to deceive)

2. Deliberate Deception:

- If an engineer discusses technical matters in a manner implying knowledge that he in fact does not have to impress an employer of potential customer he is certainly engaging in deliberate deception even if he is not lying.

3. Withholding Information:

- If an engineer deliberately fails to bring up some of the negative aspects of a project he is promoting to his superior he engages in serious deception even though he is not lying.

CONT….

4- Failing to Adequately Promote the Dissemination of Information:

-The paramount ethical obligation of engineers is to protect the health and safety of the public. This may require to disclose information to avoid a disaster.

5. Failure to seek out of the truth:- Honest engineer is one who is committed

to finding the truth not simply avoiding dishonesty. Ex: using a suspected inaccurate data without further inquiry. Honesty = responsibility

6. Revealing Confidential or Proprietary Information:

- Engineers in private practice might be tempted to disclose confidential information without the consent of the client, wither it is given by the client himself or discovered in the process of work.

- Using designs of a former employer can be dishonest.

- Using ideas one developed while working for a former employer can be questionable especially if those ideas involve

trade secrets, patents, licensing arrangements.

7. Allowing One’s Judgment to Be Corrupted:

- Professional judgment is an important part of professional service. Allowing this to be corrupted or unduly influenced by conflict of interest or other extraneous considerations is another type of misleading the truth. (Choosing an equipment of good quality but some more innovative lines may be better).

Trimming: “the smoothing of irregularities to make the data look extremely accurate and precise”.

Cooking “retaining only those results that fit the theory and disregarding others”

Forging “inventing some or all the research data that are reported, and even reporting experiments to obtain those date that were never been performed”

1- Gifts and bribery from Islamic Perspective.

Definition:

1- Wrongdoing on the part of an authority or powerful party through means that are illegitimate, immoral, or incompatible with ethical standards. Corruption often results from patronage  and is associated with bribery.

2- In its broadest sense, the concept of bribery “is having someone who is in authority do a favor by promising him or providing him with some benefits in ways that are against the fundamental principles and rules of society”.

3- Bribery or rishwah refers to the act of offering or giving riches in all its forms with the intention of persuading the receiver to provide special favor or to act dishonestly and illegally.

Corruption and Bribery: Facts & Data

Islam & Bribery

Taking a bribe is one way of consuming someone else's wealth wrongfully. A bribe refers to any kind of property which is offered to a judge or public servant in order to obtain a decision in favor of oneself or against a rival, to expedite one's own affair, or to delay that of one's competition, and so on. Islam has prohibited the Muslim to approach the officials of a government or their subordinates for the purpose of offering them a bribe; it has prohibited the latter to accept it; and it has prohibited that any third person should arrange matters between the givers and the takers of the bribe.

Bribery in the Quran Allah Ta'ala says: And do not consume your property among yourselves wrongfully, nor seek access to judges by means of it in order that you may sinfully consume a portion of peoples' wealth, while you know (what you do). (2:188)  

K Nوا Nل Kك UتRSأ U ل KحNكYSام UلRى ال ا إ RSهU K ب Nوا RاطUSلU وRتNSدKل Kب Uال Nم ب Rك Kن Rي Nم ب Rك وRال KSمR K أ Nوا Nل Kك R تRSأ وRال

RمNونR ]البقرة : RعKل NمK ت Rنت U وRأ Kم Uث Uاإل YاسU ب مKوRالU النR z مyنK أ [188فRرUيقا

 And thou seest many of them vying one with another in sin and transgression and their devouring of illicit gain. Verily evil is what they do.

RتKح �Sالس NمUهU Kل كR دKوRانU وRأ NSعK U وRال Kم Uث ارUعNونR فUي اإل RSسN KهNمK ي z مyن RثUSيرا ى ك RرRSتRو

RعKمRلNونR ]المائدة : K ي Nوا Rان KسR مRا ك Uئ Rب [62ل 

Why do not the rabbis and the priests forbid their evil speaking and their devouring of illicit gain? Verily evil is their handiwork.

RتKح �Sالس NمUهU Kل كR KمR وRأ Uث UهUمN اإل وKل RSن قRع NارRSب KحR �ونR وRاأل Uي بYSان Yالر NمNاه RSهK Rن R ي RوKال ل

RعNونR ]المائدة : RصKن K ي Nوا Rان KسR مRا ك Uئ Rب [63ل And believe in that which I reveal, confirming that which ye possess already (of the Scripture), and be not first to disbelieve therein, and part not with My revelations for a trifling price, and keep your duty unto Me.

R وYلR كRSافUر� بUSهU وRالR K أ NونNSوا Rك R ت NمK وRال ا مRعRك RSمy z ل دyقا RSصNم NتKل RزSنR ا أ RSمU K ب وRآمUنNSوا

YقNونU ]البقرة : YايR فRات Uي z وRإ Uيال z قRل RمRنا Uي ث Rات Uآي K ب وا NرR ت KشR [41ت 

And purchase not a small gain at the price of Allah's covenant. Lo! that which Allah hath is better for you, if ye did but know.

نU NمK إ Yك يKSر� ل Rخ Rو NSه Uه �Sالل RدSنUا ع RSمY Uن z إ Uيال z قRل RمRنSا هU ث �Sالل Uد KSهRعU K ب وا NرR ت KSشR R ت وRالRمNونR ]النحل : RعKل NمK ت Nنت .[95ك

BRIBERY IN THE SUNNAH

1- The Prophet (peace be on him) said, "Allah's curse is on the one who offers the bribe and on the judge who accepts it." (Reported by Ahmad, al-Tirmidhi, and Ibn Hibban in his Sahih.)

2- Thawban said, The Messenger of Allah (peace be on him) cursed the one who offers the bribe, the one who receives it, and the one who arranges it. (Reported by Ahmad and al-Hakim.)

If the recipient of the bribe accepts it in order to do injustice, his sin is the greater, while if he intended to do justice, then it was his simple duty for which no payment was needed.

3- The Prophet (peace be on him): sent 'Abdullah bin Rawahah to the Jews to estimate what they owed as taxes on their palm trees. The Jews offered him some money as a gift. He told them, "What you have offered as a bribe is haram and we do not accept it."(Reported by Malik)

4- From Buraydah from the Prophet (SAW): “Whoever we appointed upon a task and provided sustenance (rizq) for him, then whatever he takes after that is illicit wealth (ghulul)”.

5- Al-Bukhari narrated from Abu Hamid As- Saidi: “that the Prophet (SAW) appointed ibn al-Lutaybiyya upon the sadaqat of Banu Sulaym. When he came to the Messenger of Allah (SAW) and he accounted him, he said: This is what is for you and this is a gift given to me. So the Messenger of Allah (SAW) said: ‘Why did you not sit in the house of your father and the house of your mother until your gifts came to you if you are truthful?’ Then the Messenger of Allah (SAW) stood and gave a khutbah to the people. He praised Allah and extolled Him then said: ‘As for what follows, verily I appointed men from among you upon matters over which Allah appointed me. Then one of you comes to me saying: ‘This is for you and this is a gift presented to me.’ Why did he not sit in the house of his father and the house of his mother until his gifts came to him if he is truthful? For by Allah, none of you will take anything from it without due right except that he will come carrying it on the Day of Judgement.’”

It is not surprising that Islam has prohibited bribery and that it is severe against all those who participate in it. The proliferation of bribery in a society leads to corruption and oppression: unjust decisions are made and just ones are blocked, undeserving persons are given chances and deserving ones are passed over, and the spirit of greed permeates the society in place of the spirit of dutifulness.

Why bribery is not tolerated and unethical? Bribery corrupts our free market economic system

and is anti-competitive. It is a sellout to the rich: it corrupts the justice and

public policy and allowing the rich to set the rules. It treats people as commodities that can be

bought and sold.(degradation to human beings)

When a gift becomes a bribe?

Usually the boundary between a gift and a bribe is subtle.

Gifts of nominal value such as mugs or calendars with a vendor’s logo are just an advertising tool. Dining with a customer or supplier is also an acceptable practice especially if each one of them pay his share.

Costly gifts or meals especially when they are not equally shared tend to lead to abuse and corrupt behavior.

KICKBACKS Prearranged payments made by contractors to

companies or their representatives in exchange for contracts actually granted. In a true "kickback" arrangement, a seller "kicks back" some of the sales proceeds to the buying company's agent. The buyer's agent demands and/or accepts the money as a condition for steering the deal to the seller, and, of course, the buying company doesn't know that its own employee or agent is getting this money.

Kickbacks are akin to but not exactly the same as "bribes", "finder's fees", and "commissions".

In many (most) countries of the world, "kickbacks" are routine, expected and legal, even if not quite ethical. In such countries, sellers know that they will make no sales unless a portion of the price is kicked back to the buyer's agent, and buyer-companies know that their employees and agents are soliciting and accepting kickbacks.

ExtortionIt is the act of threatening someone

with harm (that the extorter is not entitled to inflict) to obtain benefits to which the extorter has no prior right.

Grease PaymentsThese are offered to facilitate routine

bureaucratic decisions, such as hastening the passage of goods through customs.

CONFLICT OF INTERESTS

Definition:- A potential conflict exists when there is a

possibility that an individual’s outside financial interests could directly and significantly affect the individual’s professional actions or decisions.

- It take place when someone in a position of trust such as engineer has contra professional and personal interests, circumstances that potentially jeopardizes discharging professional obligations properly.

Types of conflict of interest:

1- Self dealing: in which public and private interests collide.

2- Family interests: in which a spouse, child or other close relative has a role in the way justice is being discharged.

3- Social status: in which rich and poor are treated differently.

4- Able and disable.

5- Outside employment: in which the interests of one job contradict another.

6- Gifts: from friends who also do business with the person receiving the gifts. 

The Quran insist on the elimination of conflict of interests from the professional and managerial practices.

Allah s.w.t says in the Quran:

ا - 1 RSهU هKلR UلRى أ اتU إ RSانRمR K األ ؤد�وا NSن تR NمK أ ك NرNم

K أ RSي Rه �Sالل Yن إنNأ Pاس STالن NنYيNت[م بYمNكNا حNذP وNإPالYعNدYل ا (UتNحYك[م[واY ب zيرUصR مUيعzا ب Rس RانR �هR ك UنY الل UهU إ Nم ب RعUظNك UعUمYا ي �هR ن UنY الل  )4:58 إ

 BEHOLD, God bids you to deliver all that you have been entrusted with unto those who are entitled thereto, and whenever you judge between people, to judge with justice. [75] Verily, most excellent is what God exhorts you to do: verily, God is all-hearing, all-seeing!

2 - K وا NSSنRآم RينUذ YSSا ال RSSه� يR ا أ RSSى يNلNع Yو NTلNو Pه qTلPاء لNدNه ]Tش Pط YTسPقYالP وSامPينN ب NTق Yوا ]Tك[ون

وYلNى Nه[ أ qTالل Nا ف ير{ NTق Nف Yو

Nا أ �TيPن Nغ Yك[نNن يP PينN إ ب Nر YTقNاألNو PنYيNد PTالNوYال PوNأ Yك[م PTس أNنف[

دPل[وا YTعNت TنNى أNو NTهYال Yوا ]TعP الN تNتSب Nا ف NTمPهP ا ب RSمU UنY اSلل�SهR كRSانRS ب Sإ RSف K وا NSضUرKعN وK تR Sأ K RلKSوNوا Uن ت SK وRإ

ا ( zيرU ب Rخ RونNلRمKعR ) 4:135ت O YOU who have attained to faith! Be ever steadfast in upholding equity,

bearing witness to the truth for the sake of God, even though it be against your own selves or your parents and kinsfolk. Whether the person concerned be rich or poor, God's claim takes precedence over ]the claims of[ either of them. [150] Do not, then, follow your own desires, lest you swerve from justice: for if you distort ]the truth[, behold, God is indeed aware of all that you do

3 K Nوا YذUينR آمRن �هRا ال يR Rا أ PالYقPسYطP وNالN - ي هNدNاء ب وSامPينN لPلqهP ش[ Nق Yك[ون[وا

رNب[ Yق Nأ Nه[و Yل[واPدYاع Yل[واPدYعNت Sال Nى أNلNع � وYم Nآن[ قNن Nش Yك[مSنNمPرYجNيوNى YقSلتPل)  RونNلRمKعR UمRا ت Uير� ب ب Rخ Rه� UنY الل �هR إ K الل YقNوا ) 5:8 وRات

 O YOU who have attained to faith! Be ever steadfast in your devotion to God, bearing witness to the truth in all equity; and never let hatred of any-one [19] lead you into the sin of deviating from justice. Be just: this is closest to being God-conscious. And remain conscious of God: verily, God is aware of all that you do

4 NهYد NSSشR غR أ NSSلK Rب Yى ي ت Rح Nن RSSسKحR Uي هUيR أ Yت ال USSب Y Uال U إ Uيم Rت Kي الR ال RSSم K وا NSSب RرKقR R ت - وRالعNهNا YTو[س SالP ا إ }Tس YفNف[ ن�TلNTن[ك Nال Pط YTسPقYالP انN ب Nيز PTمYالNو NلYTيNTكYال Yوا ]TفYو

NأNوTىNب Yر ]Tا قNذT NنTا NTك Yو NTلNTوT Yوا]TلPد YTاع Nف Yم]TتYل PذNا ق[ TإNو KمN Uك K ذRل وا NSفKو

R هU أ �Sالل Uد KSهRعU SبRو )  Rون NرY RذRك NمK ت Yك RعRل UهU ل Nم ب ) 6:152وRصYاك

and do not touch the substance of an orphan - save to improve it-before he comes of age." [149] And ]in all your dealings[ give full measure and weight, [150] with equity: ]however,[ We do not burden any human being with more than he is well able to bear; [151] and when you voice an opinion, be just, even though it be ]against[ one near of kin.[152] And ]always[ observe your bond with God: [153] this has He enjoined upon you, so that you might keep it in mind. 

COPYRIGHTS ISSUES IN ENGINEERING PRACTICES

Because engineers are essentially designers, they create what is called intellectual property.

  What is intellectual property?  It is a patented invention, a trade secret, or a copyrighted

material.  A patent: It is a legal document defining ownership of a

particular area of new technology.  It grants inventor exclusive rights to an invention for 17 years

in exchange for disclosing it to the public.  Pure ideas cannot be patented such as mathematical theorem.  An invention must be some product or process that embodies

the idea.  

A trade secret: is a secret formula, pattern or device that is used in a business and provides a commercial advantage.

  A trade secret can be bought, sold and licensed.

The difference between a patent and a trade secret can be seen from two angles:

A trade secret remains intellectual property forever not just 17 years. (coca cola formula).

While the law prohibits others from using a patented idea, it only prohibits others from stealing a trade secret.

Copyrighted Material: Copyright is a form of protection provided to the authors of “original works” and includes such things as literary, dramatic, musical, artistic, and certain other intellectual creations, both published and unpublished. Copyright does not protect ideas. It only protects the specific and original expression of the idea

What about software?

The legal status of software is confusing because it has gone through several stages of development and involves both copyright and patent law.

Currently it is generally accepted that software can be copyrighted and that both algorithms and software can be patented under the category of methods or apparatus.

A patent may be refused for software that merely automates a procedure that was once done by hand.

Islamic perspectiveBasically, there are three opinions among the scholars concerning the question of copyrights:First opinion: says that such a practice is an Islamically acceptable practice and that the implications of copyright laws are to be respected by Muslims. This opinion is definitely the opinion of the majority of the scholars who have discussed this issue in detail. it is the view of the majority of contemporary scholars and it is also upheld by the Majma al-Fiqhi of the OIC and the Standing Committee of Religious Scholars of Saudi Arabia. The international Jurisprudence Academy (of the OIC) came to the following conclusion: “Writing or inventing something is a private write that belongs to the individual. In today’s contemporary world’s practices, it actually has a material value to it that people can make money from. These rights are to be respected from a Shareeah perspective and it is impermissible to transgress them” (Journal of Majma al-Fiqh al-Islaami, volume no. 5, part 3, p. 2267.)

Second Opinion: those who oppose the concept of copyright include Muhammad Shafee (the former mufti of Pakistan) and other scholars

  Third opinion: is that copyright laws and principles are to be

upheld and respected except with regard to material related to the religion. 

  Numerous arguments have been given by the scholars in favor of

the issue of copyright. Therefore, only some of the more important points will be touched upon here.

Thus, for example, The Standing Committee of Religious Scholars of Saudi Arabia was asked about the permissibility of copying software which had been copyrighted. They were also asked if it would make any difference if it were from a Muslim or non-Muslim company. Their response was that it is not permissible to make a copy of a program if its provider prohibits it, unless they explicit permission to do so. They then quoted the hadith of the Prophet,

Yم PهPوط ر[ ش[ عNلNى Nم[ونPل Yم[سYال “The Muslims must abide by conditions that they lay

down.”

 (The essence of the argument here is that when a person buys a book or software which is copyrighted, they are essentially agreeing to the conditions of that copyright which is clearly stated on the product that they are purchasing and which is not something new or strange to the purchaser. Hence, the purchaser must fulfill the condition that he has agreed to.) They then quoted the hadith,

]هYن Pم نNفYس� PيبPطPب SالPإ امYرPئ� مNال[ ل� PحNي Nال “No wealth of a Muslim can be taken except

with his approval.”

It does not matter whether the producer of that software were a Muslim or a non-harbinon-Muslim, as the rights of a non-harbi non-Muslim are to be respected like that of a Muslim.

In addition, some scholars quoted the following hadith from Sahih al-Bukhari,

PهSالل كPتNاب[ ا ر{ YجNأ PهYيNلNع Yت[مYذ NخNأ ا Nم Sق NحNأ SنPإ “That which you have the most right to take

wages/reward for is the Book of Allah.”

This was stated by the Prophet (peace and blessings of Allah be upon him) in response to some Companions who objected to another Companion receiving a sheep as wages for reciting the Quran as an incantation. Further note that the wording used by the Prophet (peace and blessings of Allah be upon him) is both general and unconstrained. This hadith is quoted in response to those who argue that one cannot benefit from religious knowledge in any way and, thus, copyright on books or other material related to the religion is forbidden.

In another hadith, the Prophet (peace and blessings of Allah be upon him) was speaking to a man who had virtually nothing to offer as a marriage dower. The Prophet (peace and blessings of Allah be upon him) finally asked him if he knew any of the Quran. When he answered in the affirmative, the Prophet then said,

Pآن Yر الYق[ YنPم NكNع Nم ا NمPب ا NهNت[ك YحNكYنN أ Yد Nق “I marry her off to you for what you have of the Quran.”

(Recorded by al-Bukhari and Malik.) This demonstrates that this knowledge is a type of wealth and can

be treated as such. When the Prophet (peace and blessings of Allah be upon him) was

asked about the best of earnings, he replied, ور بYر[ Nم بNيYع� وNك[ل� PهPدNيPب Pل ج[ Sالر عNمNل[ “What a person earns by his hand and every honestly

executed sale transaction.” (Recorded by Ahmad and others.)

Obviously, the production of a book or a lecture or anything of that sort falls under what a person earns by his hand and is one of the best means by which one can support himself and earn a living

In addition to what was said above scholar further argue that if the country has accepted the concept of copyright and has made transgressions against copyrights illegal, then one must obey such laws. They stated, “If the country prohibits that, then it is not allowable, as Allah has ordered that those in authority are to be obeyed in any matter that is not disobedience to Allah and this is not disobedience to Allah…” .

  Finally, this has become the convention or urf when it comes to

dealing with books and other such material, in order to protect the work of the original individual and to distribute that work and to make it available to the public. Such urf or convention, unless it can be proven to violate a clear command of the Quran and Sunnah, has its place in Islamic Law as a basis for law and practice.

  A smaller number of arguments are advanced against the

practice of copyright. The strongest among them are three:

(1) There are no texts in the Quran and Sunnah that clearly support this practice.

(2) Copyright is a form of “concealing knowledge”. (3) No one possesses knowledge from an Islamic perspective and

hence copyright must be forbidden.

We shall respond to these arguments as follows:

Firstly: they are not explicitly mentioned in the Quran or Sunnah.

Simply because something is not directly mentioned or alluded to in the texts, it does not necessarily mean that it is either prohibited or permissible. Some further study needs to be done and that requires a scholar who is familiar with the tools and methodology of deriving conclusions from the Quran and Sunnah.

Second: copyright is a form of “concealing knowledge,”:  The reality is virtually the exact opposite. Copyright is a

means of providing for the means of spreading of knowledge. Without such a law and protection for the work of an individual, whereby he can earn an income via such work, the individual would not have the means and wherewithal to do research.

Third: no one “owns knowledge” from an Islamic perspective and therefore copyright could not possibly be valid.

  It must be realized that this is now what copyright is about at all. Copyright

provides knowledge and allows people to use such knowledge but it does not allow them to use the knowledge in the same format (by simply copying, for example) or without attributing the works and results to its doer. Furthermore, if one is using exactly what the originator produced, then one is obliged to pay the originator for what he has produced.

  Since there is nothing specific about the concept of copyright in the Quran and

the Sunnah nor is it something directly similar to a principle of any text, the issue of copyright must be seen in the light of the bigger picture of the overall goals of the Shareeah. It is well-established among the scholars that the five major goals of the Shareeah are the preservation of religion, life, familial relations, mental capacity and wealth. Again, when seen in the larger picture, copyright aids in the protection of religion (by preserving knowledge, encouraging research, allowing for the publication of books and lectures and so on) as well as wealth (what a person or company invested in a work is protected and he has the right to demand his remuneration for his work).

Copyright is not about harming other Muslims or preventing them from any knowledge but it is about supporting the infrastructure of developing Islamic research and Islamic products, making them more available to all and more beneficial to all. The goal is that no one profits unfairly from exploiting the work that others have done and concerning which they may need some remuneration.

PIRACY

AN ISLAMIC PERSPECTIVE

Piracy

Definition: illegal copying, distribution, or use of software.

Types of software piracy include:

Soft-lifting: Borrowing and installing a copy of a software application from a colleague.Client-server overuse: Installing more copies of the software than you have licenses for.Hard-disk loading: Installing and selling unauthorized copies of software on repaired or new computers.Counterfeiting: Duplicating and selling copyrighted programs.Online piracy: Typically involves downloading illegal software from peer-to-peer network, Internet auction or blog.

Data & Facts

Software piracy directly affects the profitability of software industry. While software piracy is a prevalent in countries of various geographic, cultural and economic natures, it is widespread phenomena in Eastern Europe (68%), Latin America (65%), and Middle East Asia & Africa (60%). (Business Software Alliance, 2008).

Software piracy is one of the most influential factors threatening the software industry in its effort to create a global marketplace for its products.

According to the BSA, the software industry lost US$48 billion worldwide from piracy in 2008, US$8 billion more than the prior year. The rate of software piracy reached 38% worldwide in 2007.

Factors that explain the software piracy phenomena

These factors are grouped into four categories:

1-Economic Factors: Researchers have long recognized the importance of software price in piracy. The Gross Domestic Product (GDP) per capita is inversely related to software piracy level. Given the decrease in software prices, it may be that a country’s GDP has a less effect on piracy than it did some years ago.

2-Technical Factors: Software piracy is assumed to be more prevalent in nations with a weak IT infrastructure since the quality of available software is lower. Thus, people often copy and work with pirated software.

3.Regulatory Factors: Developing countries may unintentionally encourage software piracy by imposing high tariffs, hence increasing the cost of software. It is also believed that lack of penalties for buying pirated software are also reasons for piracy growth.

4. Social/Cultural Factors: These factors refer to the prevailing social and cultural attitudes shared by members of a society. Many studies have indicated that the culture factor influences a country's software piracy rate.

SOLUTIONS??? Code Key:  Before fully installing the software on your

computer, you must provide the specific code key that came with the software.

Open Source: Open source software is described as a free software that anyone can download from the Internet.

A hardware key: it is a device that is used for anti-piracy.

Anti-Piracy Software: Anti-piracy software is used to prevent illegal duplication or illegal use of copyrighted software.

Fair Prices.

ISLAMIC VIEW OF SOFTWARE PIRACY

All Muslims are requested to behave according to Islamic jurisprudence. Islamic clerics view copyright as a contract. Allah says in the Qur'an, "O you who believe, fulfill the contracts. Thus a Muslim should fulfill the contract of a copyright. A Muslim's wealth is forbidden for others to use without his permission In the Islamic thought, individuals are entitled to enjoy the fruits of their own labor, and to preserve their properties. Copyright is like money, which no one is permitted to take except through Shari`ah-based contracts. This is the case whether the owner of these programs is a Muslim or non-Muslim individual, or a Muslim or non-Muslim state.

Confidentiality in Engineering

An Islamic Perspective

Confidentiality in Engineering

An Islamic Perspective

Definition:

What sort of information are engineers obligated to keep confidential?

This question leads to another two important questions:

1- What is meant by the term confidential information? 2- How can we identify what data should be kept confidential?

Answer to the 1st question: Confidential information: is information which prima

facie ought to be kept secret. Within governmental agencies and other private companies engineers

and other employees are usually expected to withhold information labeled “confidential” from unauthorized people both inside and outside the organization.

Answer to the 2nd question: Criteria for identifying what information should be treated as

confidential is difficult to answer. Yet usually it is accepted among professionals and engineers that:

1- Engineers shall treat information coming to them in the course of their assignments as confidential. (code of ethics for engineers)Problem with this definition: too broad.2- It is any information which if it became known it would cause harm to the corporation or client.Problem with this definition: which information would produce that result?3- Any information which the employer would like to have kept secret in order to compete effectively against business rivals.

Related Terms: Privileged information: literally it means

available only on the basis of special privilege such as the privilege accorded an employee working on a special assignment. it covers information which has not yet become public or widely known within an organization.

Proprietary information: is information which a company owns or is the proprietor. It is used in a legal sense, and normally it refers to new knowledge generated within the organization which can be legally protected from use by others.

Moral basis of the confidentiality obligation: Three questions:

1- Upon what moral basis does confidentiality obligation rest?

2- Why are employers allowed to determine the nature of information?

3- What are the moral limits on the confidentiality obligation of employees?

- The major ethical theories can be applied to answer these questions. -They all agree that employers have some moral and institutional rights to decide what information can be released publicly. (to protect the interests of the company, safety and wellbeing of the clients and consumers)

1- For example, Duty ethicists will emphasize the basic duties of both employers and employees to maintain the trust placed in them at the time they committed themselves to an employment agreement and not to abuse the property of others.

2- Utilitarians will view the authority of employers to determine the rules governing confidentiality as justified to the extent that it produces the most good for the greatest number of people.

Confidentiality and changing Jobs

- The obligation to protect confidential information does not cease when employees change jobs.- The relationship of trust between employer and employee in regard to confidentiality continues beyond the formal period of employment.

ISLAMIC PERSPECTIVE ON CONFIDENTIALITY General concepts:

1- The protection of interests. (both individual & collective).

2- The prevention of harms (both individual & collective).3- Islam Sanctions legislations that fit the crimes

committed.

- The Shari'ah seeks to protect and maximize the interests on the one hand and to prevent and minimize corruption on the other hand. It also allows good and useful things, forbids evil and harmful things, eases the effort of Allah's slaves and lessen the difficulty that they might encounter.

Allah says: "And has imposed no difficulty on you in religion." (22:78) "Allah intends every facility for you; He does not want to put you to difficulties." (2:185) Also, the Prophet states: "No harm is inflicted or reciprocated in Islam."

4- The main objectives of Shariaah. The general interests or benefits that are protected by Islam are as follows:

a- Necessities or Essentials. (faith, life, lineage, intellect and property).

b- Complementary benefits. These are defined as benefits, which seek to remove severity and hardship that do not pose a threat to the very survival of normal order.

c- The Embellishment. they are in the nature of desirabilities as they seek to attain refinement and perfection in the customs and conduct of people at all levels of achievement.

THE PROHIBITION OF DISCLOSING SECRETS

- Islam urged its followers to keep and protect their secrets.The Quran: Allāh, Exalted is He says, "Allāh commands you to return the things you hold on trust to their owners"; "If you leave things on trust with one another the one who is trusted must deliver up his trust."  "You who have faith! Do not betray Allāh and His Messenger and do not knowingly betray your trusts." "It is the believers who are successful, …., those who honour their trusts and their contracts…such people are the inheritors, who will inherit Firdaws, remaining in it timelessly, forever."  

|And if thou fearest treachery from any folk, then throw back to them (their treaty) fairly. Lo! Allah loveth not the treacherous. R ] 58األنفال : [

and that surely Allah guideth not the snare of the betrayers. ] 52يوسف : [

The Sunnah:1.On the authority of Abū Hurayrah that the Messenger of Allāh (peace be upon him) said, "The signs of the hypocrite are three: when he speaks he lies; when he makes an oath he breaks it; and when he is entrusted with something he betrays that trust." The version of Muslim has the additional wording, "Even if he fasts, prays and thinks that he is a Muslim.“

2.The Messenger of Allāh (peace be upon him) said, "There is no faith for the one who has no amānah and no religion for the one who does not keep his promises.“

3. The Messenger of Allāh (peace be upon him) said, "The first thing to be lifted from this nation will be trust (amānah), and the last thing to remain of their religion will be the prayer, and it is possible that one praying have no lot with Allāh, Exalted is He.

4. On the authority of Abū Hurayrah (RA) that the Messenger of Allāh (peace be upon him) said, "Discharge the trust to those who entrust you and do not act treacherously to those who act so with you."

5. On the authority of `Ubādah bin as-Ŝāmit that the Messenger of Allāh (peace be upon him) said, "Guarantee me six and I will guarantee you Paradise: be truthful when you speak; fulfil your promises; carry out what you are entrusted with; safeguard your private parts; lower your gaze; and restrain your hands."

6. On the authority of Abū Hurayrah that the Messenger of Allāh (peace be upon him) said, "The Muslim is one from whose tongue and hand the Muslims are safe. The believer is one to whom the people would entrust their blood and property.“

7. On the authority of Jābir bin `Abdullāh that the Messenger of Allāh (peace be upon him) said, "When a person speaks, then turns [left and right], that speech becomes an amānah."

8- The prophet also said: Gatherings are held in trust.

9- Anas Ibn Malik, may Allah be pleased with him, said:"The Prophet, confided to me a secret which I did not disclose to anybody after him“.  In another version, she asked Anas for what purpose the Prophet, sent him."It is something secret" said Anas. Thereupon she said, "Do not then divulge the secret of Allah's messenger".

-Fudayl bin `Ayād said, 'The foundation of faith in our view, after the testification of Tawĥīd and after attesting that the Prophet (peace be upon him) conveyed the message and after the performance of the obligations, is: being truthful in speech; preserving the trusts; leaving off treachery; fulfilling promises; joining the ties of kinship; and giving sincere advice to all the Muslims.‘

Why Secrets Are To Be Kept? Remember: (They (employee) committed

themselves to an employment agreement and not to abuse the property of others).

First: For detriments/harms caused by divulgence in most cases.

A Muslim should not do things to the detriment of his brother Muslims. It is not permissible for him to wilfully harm or be the cause of harm to his brother as Allah, highly exalted be He says in surat Al Ahzab:

“AND THOSE WHO ANNOY THE BELIEVING MEN AND THE BELIEVING WOMEN WITHOUT THERE EARNING IT, SHALL SURELY BEAR THE GUILT OF CALUMNY AND MANIFEST SIN”.

Detriments that may result from divulgence of secrets are various. Here are some:

A. Psychological and Moral Detriments:- It may damage the relation with one's kindred, the fact which will eventually mean disruption of family ties and social relations.

B. Physical Detriments:- If secret is revealed one way have to face a prescribed punishment or penalty.

C. Professional Damages:- If they feel that their secrets are at hazard clients of professional men may avoid dealing with them or avoid giving information needed to successfully carry out any assignment they are entrusted with, and thus they, as well as their professions in general, are deprived of so many a chance of success.

D. Financial Damages:- Divulgence of a secret by the keeper may result in a loss of an expected gain or a planned for advantage.

When is Disclosure of Secrets Permissible? Secrets that the Sharia makes obligatory to keep as

previously explained, should not be disclosed except in certain cases, inter alia:1- Termination of Secrecy:

If a secret is announced by someone other than the entrusted person, the latter is not to blame if he discloses it.

Termination of secrecy is governed by the following:

     a. That the one to whom the secret belongs discloses it, consequently it is no longer a secret. Therefore, there is no harm in revealing it.

b. When detriments and disadvantages that may befall the one for whom a secret is kept or anyone else no longer exist in any form, whether physically, psychologically, morally or financially. But if the secret is to be kept because it is a trust, the lawfulness of keeping it does not cease unless the one to whom the secret belongs permits that it can be made known or he himself discloses it.

c. When the one to whom the secret belongs permits disclosure.

d. When obligation to keep a secret ends at a certain date, and this is due.

2. Death of One Whom A Secret Belongs:In this case harm resulting from disclosure of secret often ceases to exist. 3. When keeping is more harmful than disclosing.4. Prevention of Hazards."Gatherings are a trust, so he who attends should not reveal a talk except in matters that are impermissible to be kept secret being detrimental to Muslims".