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3.

0 OBJECTIVES
Upon completion of this course, students should be able to:
CO1. Discus on the principles of leadership and professional ethics.(C2).
CO2. Analyze the characteristics and actions of great leaders as well as
the policies and visions of Premiers in Malaysia (especially of Tun Dr
Mahathir Mohamed) in shaping current and future direction of
Malaysia. (C4).
CO3. Evaluate and argue on various ethical issues / dilemmas by
referring to professional code of ethics, moral frameworks, methods of
moral problem-solving, etc. (C5).
CO4. Collaborate effectively with team members, drive change, and
manage conflicts and crises. (C6).
CO3. Evaluate and argue on various ethical
issues / dilemmas by referring to professional
code of ethics, moral frameworks, methods of
moral problem-solving, etc. (C5)
We will do this topic first, because first we each need to
decide what our moral framework is, so that we can
use it as a basis to do the other topics.
However, moral framework is itself based on a value
system.
The basis of a value system is either religious, or non-
religious.
1. UNDERSTANDING VALUE SYSTEMS

e.g. commonly used values nowadays are:


Laws,
Morals,
Ethics,
Etiquette
HOW DID IT COME TO BE SO MIXED BETWEEN
POSITIVES AND NEGATIVES?
It came to be so because we practice LIBERAL
Etiquette, Laws, Morals, Ethics.
Can we put Etiquette, Laws, Morals, Ethics together in
a complimentary value system? So that something is
either altogether of good etiquette, legal, moral, and
ethical, or not at all?
The answer is YES.
In fact, in Islam, their counter-parts are originally
parts of a complete value system called the Syariah.
2. THE HISTORY OF VALUE SYSTEMS
In history, sometimes a civilisation developed first and then it
developed its value system, while at other times a value system
developed a civilisation. Discus the value system(s) involved in the
following civilisations and whether it is the 1st or 2nd case:
1. Pharaoh versus Moses a.s. (15th century BC)
2. Ancient Greece (8th to 6th centuries BC)
3. Roman civilisation (From pagan Ancient Rome, to Christian
Byzantine Empire, to Pope and Holy Roman Emperor of Western
Roman Empire , to Renaissance)
4. Persian civilisation
5. Islamic civilisation
6. Secular countries
For a long time in the Western Christian Roman Empire, the
Pope was the Head of the Christian Religion and also the Head
of the Empire, ie He crowned the Holy Roman Emperor.
At that time the value system used in the Holy Roman Empire
was based on the Bible (eg interest was prohibited, Joan of Arc
was accused of being a witch and was burned on a stake, but
later was pronounced a saint, etc).
Later the people rebelled against the rule of the Church,
starting with the French Revolution, and materialistic liberal
countries were born, with rulers chosen through elections,
and laws made by parliament. Later still, materialistic
communist countries were born, with rulers chosen from the
Communist Party.
3. THE MATERIALISTS
Materialists believe that only those things that can be
sensed by the senses exist. Anything that cannot be
sensed by the senses, does not exist.
They do not believe in God and the unseen. They
believe that existence came about by chance, and
human beings are the result of evolution.
They believe that life ends when we die. They believe
that the purpose of life is to maximise material gain.
They believe that to maximise material gain, they can
exploit natural resources.
The dominant ideologies of the materialists are
LIBERALISM, communism, socialism.
4. THE LIBERALS
Since the materialistic liberals do not believe in God,
and since they believe that existence came about by
chance and human beings are the result of evolution,
they do not believe that people have to obey God.

They believe that people are free to do anything they


like, so long as they do not transgress on other peoples
freedom.
Liberals hold that men are inherently good, and the
majority of men can only agree on something if it is
good.
So in liberal democracies, if the majority vote for a law
or a policy, then it is passed by parliament, regardless
of whether it is against religion or anything else, for it is
the wish of the majority.
It is the rule by the people, for the people.
BUT there are a few problems:
1. What the majority of a country agree to be good for
their country, could be bad for another country.
eg The colonisation of India by UK was approved by
British Parliament.
The British felt that it was good for the British, but the
Indians certainly felt bad about it.
2. The claim that liberal democracy is the rule by the
people, for the people is actually not true. For in a liberal
democracy, the public only vote for their member of
parliament in a General Election. Then the members of
parliament make laws in parliament (The Legislative). If
the electorate do not like the laws, they cannot change it.
Then the law made by parliament is interpreted by the
Attorney General (The Judiciary). If the electorate do not
agree with interpretation of the AG, they cannot change it.
Then the law as interpreted by the AG is enforced by the
enforcement agencies (The Executive). If the electorate do
not agree with the enforcement, they cannot change it.
3. In liberalism, values are split into Etiquette, Laws,
Morals, & Ethics. Laws made by parliament become
supreme, while religion only applies to personal
matters. Religion is placed at the same level as morals,
ie lower than law. Hence a student can either choose to
take a paper in religion or in Pendidikan Moral.
Professional bodies can have their own Ethics.
4. Liberals hold scientific truth to be the supreme truth.
But if you have to prove that something is bad before a
liberal will believe that it is bad, sometimes it can be
too late.
5. ISLAM
Islam says that besides the material world, there is the
ghaib or the unseen, and that besides the life on earth,
there is life in akhirat or the Hereafter.
Islam says that human beings are created by God, and
God reveals Guidance to be followed by human beings
so that they lived correctly (like an instruction manual
from the manufacturer of a product).
Islam says that our efforts in this world will be repaid in
the akhirat. Good deeds represent our investments for
the akhirat.
6. ISLAMIC VALUE SYSTEM
In Islam, there is only one value system. Something is
either syarie, ie based on syariah or not syarie, not
based on syariah.
The syariah covers Etiquette, Laws, Morals, Ethics, and
much more. The prophet pbuh was sent to perfect
good behaviour (Rasulullah saw itu diutus untuk
menyempurnakan akhlaq ).
The aim of the syariah is not to give advantage to the
British in England at the cost of the disadvantage of the
Indians in India. But the aim of the Syariah is so that
men can gain the redha (the acceptance) of God.
Since in Islam everyone was striving to be in line with the
syariah in order to gain acceptance by God, what each
person did was consistent with, and complimentary to,
what others were doing throughout the darul Islam (land
of Islam), based on the syariah.
Hence in the days of darul Islam, there was no war
between muslims, although the land of Islam stretched
from Spain in the West to Acheh in the East. And there
were no aeroplanes, let alone the internet, for
communication. But they succeeded because of syariah.
All these were set to change with the coming of the
liberalist West who brought their Godless liberalism.
7. LIBERALISM VERSUS ISLAM: CONCEPTS
LIBERALISM ISLAM
1. People exist by chance and 1. Everything, including people, is
undergo evolution. created by God.
2. People are free to do whatever 2. People are not free to do
they like, so long as they dont whatever they like, but infact
transgress freedom of other must live based on Guidance
people. from God, the All-Knowing.
3. People are inherently good, and 3. Even if people are infallible, they
the majority of people will only do not have all the information
agree on something if it is good. to make all correct decisions.
4. Scientific truth is the only supreme 4. Many scientific truths have not
truth. been discovered yet.
8. LIBERALISM VERSUS ISLAM: PRINCIPLES
LIBERALISM ISLAM
1. Rule by the people for the people. 1. Rule by syariah for redha of God.
2. People decide what is the Law, 2. God gives the Shariah. In it there
what are the Ethics, what is is law (jinayat, munakahat,
Religion or what is Moral, what is muamalat, siasah), akhlak, and
the Etiquette. adab.
3. People decide based on the criteria 3. God is the Creator of people. He
of what they think is good for knows what is good for people &
them. prescribes it for them.
4. People do good as part of legal 4. People do good by obeying the
requirement, or as part of Ethics, shariah to gain the acceptance by
or as part of Moral, or Etiquette God & be rewarded in Akhirah
9. LIBERALISM VERSUS ISLAM: APPLICATION
LIBERALISM ISLAM
1. What the parliament of a liberal 1. The application of shariah in
country decides is good for their different places by different
country might be bad for another people all have the same aim of
country, and caused conflicts. pleasing God. No conflict.
2. Something might be Legal, but not 2. Everything is either syarie (ie
Ethical, or not Moral, or is against according to syariah) or not
Religion, or bad Etiquette. syarie (ie not syariah-compliant)
3. Intention does not count. Only the 3. The niat or intention of doing
act counts. something is counted.
10. LIBERALISM VERSUS ISLAM: THE OUTCOME
LIBERALISM ISLAM
1. What the parliament of a liberal 1. The application of shariah in
country decides to be good for the different places by different
country might be bad for another people all have the same aim of
country, and caused conflicts. pleasing God. No conflict.
2. Tan Sri Eusoffe Abdoolcader, 72, a 2. Islam prohibits people from
former Malaysian supreme court committing suicide. Life is a trust
judge; shot himself dead on 11 Jan (amanah) from God and must be
1996. To the liberal, he is exercising lived in accordance with the
his freedom without transgressing Guidance revealed by God
on the freedom of other people. through the prophet pbuh.
10. THE OUTCOME (continued 2)
LIBERALISM ISLAM
1. Top British liberal philosopher 1. Islam gives clear instructions on
& jurist Jeremy Bentham (1748- what to do in life. It even gives
1832) who lectured at University clear instruction on what to do
College, London made a will that when a muslim person dies.
when he died, his body be
preserved, and be taken into
Senate Meetings. It was done.
10. THE OUTCOME (continued 2)
LIBERALISM ISLAM
1. Liberals promote LBGT in the name 1. Islam banned LBGT and promotes
of freedom marriage and family life
2. Liberal countries legalises interest 2. Islam banned interest and
although it is against religion promotes trade
3. Islam promotes wakaf, amal
3. Liberal tradition promotes makruf nahi munkar, and amal
corporate social responsibility jariah (amal in perpetuity)
4. To the liberals, to do good is a 4. To the muslim, to do good is an
choice. injunction.
5. Charity is not big in liberal 5. In Darul Islam, about 50% of all
societies, as liberal people are land was declared waqaf by the
concerned mainly about self. owners as amal jariah.
11. REVISIT: A chemical company develops a new process that
has a waste by-product. Their internal studies show this by-
product is highly carcinogenic. However, the by-product is not on
a government list of banned chemicals because it is new.
Legal? Moral?
Answers: Legal but immoral (this is the liberal position).

LIBERALISM ISLAM
Legal but immoral Not syarie (ie illegal).
Furthermore, since knowledge is
an amanah to be used for the
good of mankind, the company
has a duty to inform the
government so that it can be put
on the list of banned chemicals.
12. ORIGINS OF MALAYSIAN LAW
From Wikipedia:
Malaysian legal history has been determined by events spanning a
period of some six hundred years. Of these, three major periods were
largely responsible for shaping the current Malaysian system. The first
was the founding of the Melaka Sultanate at the beginning of the 15th
century; second was the spread of Islam in the indigenous culture; and
finally, and perhaps the most significant in modern Malaysia,
was British colonial rule which brought with it constitutional
government and the common law system.
13. THE MALAYSIAN LAW & ENGINEERING
1. LAW
Registration of Engineers Act (1967)

2. REGULATIONS
Board of Engineers Malaysia: Guidelines for Code of
Professional Conduct
3. RELIGION AND MORALS:
IIUM Engineering Journal, Vol. 12, No. 5, 2011: Special Issue on Science and Ethics in Engineering

ENGINEERING ETHICS IN ISLAM: AN EVALUATIVE AND COMPARATIVE STUDY


BETWEEN CODE OF ETHICS OF INSTITUTION OF ENGINEERS, BANGLADESH
(IEB) AND CODE OF PROFESSIONAL CONDUCT OF BOARD OF ENGINEERS
MALAYSIA (BEM)
By MUHAMMAD AMANULLAH
Department of Fiqh and Usul al-Fiqh, Kulliyyah of Islamic Revealed
Knowledge and Human Sciences International Islamic University Malaysia,
Jalan Gombak, 53100 Kuala Lumpur, Malaysia.
amanulllah@iium.edu.my
4. ETIQUETTE
SOCIAL ETIQUETTE
(quoted from Malaysia My Second Home)
It will help your integration into Malaysian culture to
recognise and respect the diverse cultural and religious
customs. When interacting with Malaysians, bear in mind
that it is a multicultural country, so practices vary between
the different cultural groups. Below we outline some
guidelines to help you avoid offence, but do use your
judgement and observation skills when deciding how to
proceed. If, however, you are feeling utterly frustrated,
bamboozled and miffed by Malaysian manners, you may
need to check out our handy guide to Culture Shock
14. FEDERAL CONSTITUTION
Article 3:
1. Islam is the religion of the Federation; but other religions may be
practised in peace and harmony in any part of the Federation.
2. In every State other than States not having a Ruler, the position of
the Ruler as the Head of the religion of Islam in his State in the manner
and to the extent acknowledged and declared by the Constitution, all
rights, privileges, prerogatives and powers enjoyed by him as Head of
that religion, are unaffected and unimpaired; but in any acts,
observance or ceremonies with respect to which the Conference of
Rulers has agreed that they should extend to the Federation as a whole
each of the other Rulers shall in his capacity of Head of the religion of
Islam authorize the Yang di-pertuan Agong to represent him.
14. FEDERAL CONSTITUTION (continued 1)
3. The Constitution of the States of Malacca, Penang, Sabah and
Sarawak shall each make provision for conferring on the Yang di-
Pertuan Agong shall be Head of the religion of Islam in that State.
4. Nothing in this Article derogates from any other provision of this
Constitution.
5. Notwithstanding anything in this Constitution the Yang di-Pertuan
Agong shall be the Head of the religion of Islam in the Federal
Territories of Kuala Lumpur and Labuan; and for this purpose
Parliament may by law make provisions for regulating Islamic religious
affairs and for constituting a Council to advise the Yang di-Pertuan
Agong in matters relating to the religion of Islam.
14. FEDERAL CONSTITUTION (continued 2)
NINTH SCHEDULE
LEGISLATIVE LISTS
List I - Federal List
1. External affairs, including -
(a) Treaties, agreements and conventions with other countries
and all matters which bring the Federation into relations with any
other country; (b) etc
2. Defence of the Federation or any part thereof, including -
(a) Naval, military and air forces and other armed forces; (b) etc
3. Internal security, including -
(a) Police; criminal investigation; registration of criminals; public
order; (b) etc
14. FEDERAL CONSTITUTION (continued 3)
4. Civil and criminal law and procedure and the administration of
justice, including -
(a) Constitution and organization of all courts other that Syariah
Courts;
(b) Jurisdiction and powers of all such courts.
(c) Remuneration and other privileges of the judges and officers
presiding over such courts;
(d) Persons entitled to practise before such courts;
14. FEDERAL CONSTITUTION (continued 4)
(e) Subject to paragraph (ii), the following

(i) Contract, partnership, agency and other special contracts;


master and servant; inns and inn-keepers; actionable wrongs,
property and its transfer and hypothecation, except land, bona
bacantia; equity and trusts, marriage, divorce and legitimacy;
married women's property and status;
interpretation of federal law; negotiable instruments; statutory
declarations; arbitration; mercantile law; registration of
businesses and business names; age of majority; infants and
minors; adoption; succession, testate and intestate; probate and
letters of administration; bankruptcy and insolvency; oaths and
affirmations; limitation; reciprocal enforcement of judgments and
orders; the law of evidence;
14. FEDERAL CONSTITUTION (continued 5)
(ii) the matters mentioned in paragraph (i) do not include Islamic
personal law relating to marriage, divorce, guardianship, maintenance,
adoption, legitimacy, family law, gifts or succession, testate and
intestate;
(f)
(g)
(h)
(i)
(j)
(k) Ascertainment of Islamic law and other personal laws for purposes of
federal law; and.

[From here, part of the Syariah can be adopted as federal law if passed
by parliament, eg Islamic Banking Act (1983), Takaful Act (1984), Islamic
Financial Services Act (2013), etc].
15. THE SYARIAH
(k) Ascertainment of Islamic law and other personal laws for purposes of
federal law; and.

[From here, part of, or all of the Syariah can be adopted as federal law if
passed by parliament, eg Islamic Banking Act (1983), Takaful Act
(1984), Islamic Financial Services Act (2013), etc].

But it has to be borne in mind that the implementation of the syariah


differs from the implementation of the British constitutional government
and its common law system in at least one major aspect; in common
law system everything is fixed by writing it down in detail, whereas in
the syariah only the principles are fixed and the judge is free to take into
consideration the circumstances of the event.
PREPARATION FOR DEBATE / DISCUSSION /
ASSIGNMENT
Please watch the following videos on youtube to completion:
1. Debate - Feminism & Islam, compatible?
https://www.youtube.com/watch?v=-35YdEE79OQ
2. Public debate Does science deserve a monopoly on truth?
https://www.youtube.com/watch?v=zJ9XtsW-o2U
ASSIGNMENT 1
[To partly fulfil requirement of CO3:ie Evaluate and argue on various
ethical issues / dilemmas by referring to professional code of ethics,
moral frameworks, methods of moral problem-solving, etc.(C5)]

Write an essay of not less than 5000 words, examining critically how
Laws, Morals, Ethics and Etiquette in Malaysia came to be in its present
form, by using the foregoing discussion as a guide, and by reading more
reference. You may differ in the conclusions derived from the foregoing
discussion, and you may propose your own conclusions.
From your conclusions, propose your own vision of how you would like
the Malaysian Laws, Morals, Ethics, and Etiquette to be, and propose
the way in which it could be achieved.
(10 marks)
To be submitted latest 4.30pm Friday week 4.
BOARD OF ENGINEERS MALAYSIA
circular no. 3/2005
GUIDELINES FOR CODE OF PROFESSIONAL CONDUCT
1. A Registered Engineer shall at all times hold paramount the safety,
health and welfare of the public.
1.1 A Professional Engineer shall approve and sign only those
engineering documents that he has prepared or are prepared under his
direct supervision.
1.2 A Professional Engineer shall certify satisfactory completion of a
piece of work only if he has control over the supervision of the
construction or installation of that work, and only if he is satisfied that
the construction or installation has fulfilled the requirements of the
engineering design and specifications.
1.3 A Registered Engineer shall not reveal facts, data or information
without the prior consent of the client or employer except as
authorized or required by law or when withholding of such information
is contrary to the safety of the public.
1.4 A Registered Engineer having knowledge of any violation of this
code and Local Authorities regulations shall report thereon to
appropriate professional bodies and, when relevant, also to public
authorities and cooperate with the proper authorities in furnishing
such information or assistance as may be required.
1.5 When the professional advice of a Professional Engineer is
overruled and amended contrary to his advice, the Professional
Engineer shall, if the amendment may in his opinion give rise to
situation that may endanger life and/or property, notify his employer
or client or such other authority as may be appropriate and explain the
consequences to be expected as a result of his advice being overruled
and amended.
2. A Registered Engineer shall undertake assignments only if he is
qualified by education and experience in the specific technical fields
in which he is involved.
2.1 A Professional Engineer shall not affix his signature to any plan or
document dealing with subject matter in which he lacks competence,
or to any plan or document not prepared under his direction and
control.
2.2 A Professional Engineer shall not accept assignments and assume
responsibility for coordination of an entire project and sign and stamp
(P.E. stamp) the engineering documents for the entire project unless
each technical segment of the project is signed and stamped personally
by the qualified engineer who has prepared the respective segment of
the project.
3. A Registered Engineer shall issue public statements only in an
objective and truthful manner.
3.1 A Registered Engineer shall be objective and truthful in professional
reports, statements and testimony. He shall include all relevant and
pertinent information in such reports, statements, or testimony, which
should bear the date indicating when it was current.
3.2 A Registered Engineer may express publicly only technical opinions
that are founded upon his competence and knowledge of the facts in
the subject matter.
3.3 A Registered Engineer shall not issue statement, criticism or
argument on technical matter that is inspired or paid for by interested
parties, unless he has prefaced his comments by explicitly identifying
the interested parties on whose behalf he is speaking and by revealing
the existence of any interest he may have in the matter.
4. A Registered Engineer shall act for each employer or clients as
faithful agent or trustee.

4.1 A Registered Engineer shall disclose all known or potential conflicts


of interest that could influence or appear to influence his judgement or
the quality of his services.
4.2 A Registered Engineer shall not accept compensation, financial or
otherwise, from more than one party for services on the same project,
or for services pertaining to the same project, unless the circumstances
are fully disclosed and agreed to by all interested parties.
4.3 A Registered Engineer shall not solicit or accept financial or other
valuable consideration, directly or indirectly, from outside agents in
connection with the work for which he responsible.
4.4 A Registered Engineer as advisor or director of a company or an
agency shall not participate in decision with respect to particular
services solicited or provided by him or his organization.
4.5 A Registered Engineer shall not solicit or accept a contract from a
body or agency on which a principal or officer of his organization serve
as a member of that body or agency unless with the knowledge and
consent of that body or agency.
4.6 A Registered Engineer while acting in his professional capacity shall
disclose in writing to his client of the fact that if he is a director or
member of or a substantial shareholder in or agent for any contracting
or manufacturing company or firm or business or has any financial
interest in any such company or firm or business, with which he deals
on behalf of his client.
4.7 All professional advice shall be given in good faith.
5. A Registered Engineer shall conduct himself honourably,
responsibly, ethically and lawfully so as to enhance the honour,
reputation and usefulness of the profession.
5.1 A Registered Engineer shall not falsify his qualifications or permit
misrepresentation of his or his associates qualifications. He shall not
misrepresent or exaggerate in or for the subject matter of prior
assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint ventures, or past
accomplishments.
5.2 A Registered Engineer shall not offer, give, solicit or receive, either
directly or indirectly, any contribution to influence the award of a
contract which may be reasonably construed as having the effect of
intent to influencing the award of a contract. He shall not offer any gift
or other valuable consideration in order to secure work. He shall not pay
a commission, percentage or brokerage fee in order to secure work.
5.3 A Registered Engineer shall check with due diligence the accuracy
of facts and data before he signs or endorses any statement of claim.
He shall not sign on such documents unless, when necessary,
quantification on errors and inaccuracy have been made.
5.4 A Registered Engineer shall respond, within reasonable time, to
communication from the Board or any other relevant authority on
matter pertaining to his professional service.
5.5 A Registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly the professional
reputation, prospect or business of another Engineer.
5.6 A Registered Engineer shall not directly or indirectly
(1) Supplant or attempt to supplant another Engineer;
(2) Intervene or attempt to intervene in or in connection with
engineering work of any kind which to his knowledge has already
been entrusted to another Engineer; or
(3) Take over any work of another Engineer acting for the same client
unless he has
(i) obtained a letter of release from the other Engineer or obtain
such letter through the client, provided that this requirement may be
waived by the Board; or
(ii) been formally notified by the client that the services of that
other engineer have been terminated in accordance with the provisions
of any contract entered into between that Engineer and the client;
provided always that, in case of dispute over non-payment or quantum
of any outstanding fees, the client shall request the Board to be the
stakeholder under the provision of Section 4(1)(e)(ea)
5.7 Except with the prior approval of the Board, a Registered Engineer
shall not be a director or executive of or substantial shareholder in or
agent for any contracting or manufacturing company or firm or business
related to building or engineering. If such approval is given, such
Engineer shall not undertake any contract work wherein he is engaged
as a consulting engineer in such project unless it is in respect of a
design and build project.
5.8 A Registered Engineer shall not be a medium of payment made on
his clients behalf unless he is so requested by his clients nor shall he, in
connection with work on which he is employed, place contracts or
orders except with the authority of and on behalf of his client.
5.9 A Registered Engineer shall not
(1) offer to make by way of commission or any other payment for
the introduction of his professional employment; or
(2) except as permitted by the Board, advertise in any manner or
form in connection with his profession.
5.10 A Professional Engineer in private practice shall not without the
approval of the Board enter into professional partnership with any
person other than a Professional Engineer in private practice, a
Registered Architect, a Registered Quantity Surveyor or a licensed Land
Surveyor.

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