Salah behind a Fasiq Imam

[Ghulam Mustufa]

Question:

What do the Scholars of Shari’ah say regarding a ‘Fasiq’ who through his own wilful powers and influence appoints himself as the Mosque Imam for leading the daily obligatory Salah or is appointed Imam by people with influence or powers, when a person more rightfully worthy to lead the worshippers exits?

Also, what is the legal ruling of the worshipper’s Salah, who in such circumstances helplessly participated in the Jama’ah for fear of creating genuine dissention, disorders and mischief or such fears don’t exist, however, the worshipper is unable to join a Jama’ah behind a Muttaqi Imam or there does not exist anyone who is more rightfully worthy and eligible to lead the Salah.

And, if in such circumstances the worshipper is able to join the Jama’ah in another Mosque behind a Muttaqi Imam, then what should he do?

Kindly explain and May Allah, Subhanahu wa Ta’ala reward you!

[Imam]

Allah, with His Name I begin; The Most Merciful, The Most Compassionate.

Answer: The Legal Juristic Opinion: O Allah, grant me the illuminate light of Truth & Correctness.

For a Fasiq [one who’s fisq; impiety i.e. sin is apparently known] to appoint himself as [Mosque] Imam [one who leads the congregation for the daily obligatory ritual Salah] through means of his own wilful power or influence or is appointed Imam by people in authority, influence or power, when a rightful worthy and legitimate Imam is present or exists is strictly unlawful, clearly wrong and a violation of Shari’ah; Islamic Sacred Law.

When [in principle] the wrongful seizing of the haqq [the private, individual right of a person] of any rightful person is, in Shari’ah; unlawful and a zulm; clear wrong and transgression, then the legal Shar’iy right of leading as Imam in Salah which is entrusted upon the ahaqqu bil-Imamah; one rightful and legitimately worthy to be Imam, rather, the wrongful seizing of the [sacred right by Divine law] haqq of iqtida’ [following], with the ahaqqu bil-Imamah of all the worshippers in the House of Allah, The Most Glorious and The Most Pure, how can this not be wrong, nor a transgression or inadmissible! Did Allah, Lord of all the Worlds, The Most Majestic and Sublime, not reveal His Muhkam [perspicuous, definitive] ruling:

“Verily! Allah commands that you restore the trusts to their [rightful] owners.”

[Al-Quran 4:58]

Is it not explicitly mentioned in the Books of Ahadith of Ibn Majah, Abu Da’ud and Tirmidhi that: “the Salah of such a person [Imam] is unaccepted, who leads worshippers in Salah when they disapprove/dislike him [because of his fisq]”. Did the Messenger of Allah, Salla Allahu ‘alayhi wa Sallam, not say: “appoint your Imams, the excellent [in piety] of you” [Dar al-Qutni and al-Bayhaqi]. There are abundant Ahadith on this subject.

The Noble Fuqaha’ [sing. Faqih] are also of the legal opinion that such a Salah [behind a fasiq Imam] is Makruh Tahriman , Bahr ar-Ra’iq: Volume 1, page 348, Durr al-Mukhtar, Tahtawi ‘ala ad-durr: Volume 1, page 243, Shami: Volume 1, page 522: the words [principle text] belong to ad-Durr with Tanwir [if he (the Imam) leads people when they disapprove of him, then, indeed the disapproval/dissention is either because of imperfections [in moral standing] in him or because they are more worthy to lead than him, [in such circumstances] it is Makruh; offensive for him to do so Tahriman; similar in ruling to a Haram; an unlawful act. Also, it is mentioned in Quduri: page 44, Hidayah: Volume 1, page 101, Muniyyah and Kabiri: page 351, Mabsut: Volume 1, page 40: … and the words belong to Quduri: it is Mahruh; offensive to bring forward [for leading in ritual Salah] a slave, a bedoin or a fasiq. Also, it is further clarified in Kabiri: page 479, Tahtawi ‘ala ad-Durr: Volume 1, page 243, and in Shami: Volume 1, page 523, and the words belong to Halabi, Allah, The Most Merciful have Mercy on his soul: it is offensive to advance him [the fasiq to lead in Salah] Makruh Tahriman. So, it is imperative upon such an Imam and his followers [worshippers] to repeat their Makruh Tahrimi ritual Salah, that is repeat their ritual Salah void of any offensiveness.

Yes! There is no doubt that one is discharged from the principal Fard; obligation of the ritual Salah, as will be evident from the proofs to follow, however, its repetition is imperative because of the aforementioned proofs stipulating its offensiveness Makruh Tahriman.
[Continued]

[Imam]

No one can become an Imàm with his own powers, as this can only be given to him by Allàh. One of the conditions of being an Imàm remember was that he must be pious (muttaqï), and know the most Qur’àn, be the most learned, and aged etc. therefore the people will realize him through the blessing of Allàh. But where a person is a fàsiq, then prayer doesn’t count behind an imàm who openly commits sin, by drinking, fornicating, backbiting, lying, cheating etc. infront of all, and salàh must be repeated. He is only bringing himself closer to the hellfire, and dragging everyone behind him along with himself, and will be accountable for all, in this world and on the day of judgement.

Such a person is to be removed from his rank, stripped of his status and brought to his original position, by holding him accountable not for himself, but for all those whom pray behind him in congregation. This is looked at as a little compensation for what he may have to face in the hereafter. Prayers must be repeated of those who have followed him, and a better Imàm should be placed in his position whom you may entrust to lead, for your prayer.

Salàh is not prayed to create dissention, disorder and mischief, if that is the case then what is worst than creating that in the house of Allàh the Almighty. Mischief is a much worst crime than killing as is proven in the qur’àn. He must pray alone and FACE the fears and mischief’s which may come to him, and Allàh is the All Merciful and Forgiving. He must also pray behind the muttaqï Imam, as it is not the position of Muslims to find discrepancies and faults of innocent people, and ask Allàh to guide him upon the Straight Path.

When we say muttaqï, we mean he should not have any doubtful questions firstly toward Allàh, The Beloved Prophet (peace be upon Him), towards the Sahàbah-e-Kiràm or towards the Salaf Sàlihïn, and these include awliya’. Rather he should strive to be in their footsteps, by undertaking all the activities they undertook, especially those of the latter times. In other words he must be of the Ahl as-Sunnah-wal-Jamà’ah, the group of salvation, to whom Our Master of Both Worlds foretold who they would be and how they would struggle in order to keep Islàm alive, until judgement arrives.

May Allàh make all of our salàt’s in congregation with such Imàms, and save us from deviant, doubtful, and suspicious Imàms who claim to be something, and in reality they hide their original identity and roots. May he accept our efforts in the search of righteousness (haqq) and save us from the devil in all his forms. (àmïn)



M. Waseem Ashrafï.