Reconceptualising Justice and Equality in Public Appointments: An Equity- Based holistic framework through the Integration of Universal Declaration of Human Rights (UDHR) 1948, and Seerah al- Nabi ﷺ

Abstract

Justice, equality, trust and competence in public appointments are the foundation of effective governance and public trust in any state. When appointments are made on the basis of nepotism, personal relationships, political affiliation or other unfair factors rather than merit, it results in institutional weakness, corruption, incompetence, public distrust and violation of justice. That is why both modern international law and Islamic teachings consider justice and equality as fundamental principles for appointments to public positions. This research paper presents a comparative analysis of the Universal Declaration of Human Rights (1948) and Seerah al –Nabi ﷺ in order to clarify the principles, commonalities and differences of the two systems with regard to public appointments. The main objective of this research to explore what extent the principles of equality and equal access to public service exists in the Universal Declaration are compatible with the Seerah of the Prophet, and what additional moral and spiritual principles the Seerah of the Prophet provides in this field. The study based on qualitative and comparative research method. The primary sources include the Holy Quran, the Hadiths of the Prophet ﷺ, the books of Seerah, and the relevant provisions of the Universal Declaration of Human Rights, while the secondary sources include academic books and research articles.

The study shows that the UDHR provides the principle of equality, non-discrimination, and equal access to public services for all individuals, but it does not detail internal motivations such as moral training, accountability, piety, trustworthiness, and accountability. On the contrary, the Seerah of Prophet ﷺ considers justice and equality as well as competence, honesty, piety, trustworthiness, consultation, accountability, and prohibition of nepotism as an integral part of public appointments. This comprehensiveness provides not only legal but also moral and spiritual foundations for the International laws.