Question:
Asalam o Alaikum Warahmat Allah Wabarakatuh
Dear Mufti/Sheikh,
What is the ruling of Islam on praying behind a person (Imam) who was declared fraudulent by the provisional court of City of Regina, Saskatchewan, Canada in 2008? The community pardons him and gives him the chance, but he doesn’t stop, and he is repeatedly involved in financial irregularities.
We live in Canada. There are around 13000 Muslims in our city. In 2022 the Islamic Association of Saskatchewan Inc board of directors of our Masjid terminated the Imam of our Masjid who was found falsely claiming the insurance company and sending cheques to his relatives.
Secondly, taking donation computers which were donated to our organization, and selling them privately.
Thirdly, he sent a donation cheque, (which was donated to our organization) to the restaurant for his personal expenses.
Note: In audio messages he confesses all his guilty and breached his employment contract, but later, Imam brings issues in front of the community, which caused a big division in our community and now people have been fighting with each other for almost one and half years. Dozens of times, police officers called for help to maintain the peace.
Furthermore, Imam's unethical actions recording videos and audio of the members without their consent, later for blackmailing them.
The Imam disrespected the refugee Widow by making her leave the mosque when she asked to return her money which she gave to him for buying the vehicle.
Imam has been playing a role in dividing the community through politics and racism (Arab vs Non Arab) ever since his termination and he has leaked private information to people who have opposed him since his termination.
Imam Threatened Muslims Brothers and Sisters.
Imam reciting Nikha of women with the other man without completing a time period (Iddat)
Our Imam never raised a voice against Islamophobia or hate crime against Muslims. Instead of this, he developed relations with politicians and law enforcement agencies on our IAS money. He uplifted his personal profile and showed to the community I am a well-connected guy.
Imam designation is supposed to be a role model for people, especially for children in this foreign country.
What the non-Muslims call the Muslim community, your Imam (Leading Prayer) was habitual Fraudia.
What’s Islam (Sharia) said about the characteristics of an Imam when you hire him for the job or appoint him as an Imam ??
As per Islam (Shariah) advise our Masjid management regarding hiring the above-mentioned person as an Imam (Leader of the Muslim Community). Yes or No.
Looking forward for your answer
Answer:
In the name of Allah the most gracious and the most Merciful,
Wa alaikum Salam wa rahmatullahi wa barakatuhu,
Position of an Imam is a position of trust, where Imam is entrusted by the people to lead them righteously in religious matters. Scholars have written a number of qualities that an Imam should possess; The imaam should be a person who has proper knowledge of the masa’il of salaah, the times of salaah and tahaarat, not necessarily an aalim, though better. He should be muttaqi, pious and upright and not someone who has evil habits and ways. He should also be able to recite the Noble Qur’aan correctly with tajweed.
A man should not be chosen as an Imam if he openly commits major sins and does not follow the Shariah himself, for he is the guardian of the house of Allah and Allah swt has said in the Qur'an:
إِنْ أَوْلِيَاؤُهُ إِلَّا الْمُتَّقُونَ وَلَٰكِنَّ أَكْثَرَهُمْ لَا يَعْلَمُونَ
But why should Allah not punish them while they obstruct [people] from al-Masjid al- Haram and they were not [fit to be] its guardians? Its [true] guardians are not but the righteous, but most of them do not know.
As for praying behind such a person and weather your prayers will be valid behind him,
The Prophet Sallallahu alayhi wasallam said, “Pray behind every obedient and transgressing person” (Bayhaqi from Abu Hurayra radhiyallahu anhu).
This means the prayer behind such a person is permissible and scholars have stated that it will not have to be repeated either.
However, praying behind someone who commits major sins and transgresses openly, should be avoided where reasonably possible. It is prohibitively disliked [makruh tahrimi] to choose to pray behind such people and for the community to make such people their imam. However, if there are no other congregations taking place close by or avoiding this one will create fitna then one should pray behind such person [and will not have to repeat his prayer afterwards either],
May Allah make things easy for your community and give you an Imam that unites the people (upon the sunnah) and guides you to the path of Allah and his beloved Messenger صلى الله عليه وسلم.
And Allah knows best
Mufti Umer Farooq Saleem
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