Question Summary:
Is it permissible to give interest accrued from a bank to the Imam as part of his monthly salary?

Question Detail:

 
I am a masjid management committee member. This masjid mostly runs from the donations. During Ramadan, all our members go for donation collection to various places in our city and this will be spent partly during ramadan. The excess left over money that would be around INR 150,000 is deposited in bank account. The interest accrued from this amount is being used for monthly Imam salary and all maintenance expenses and recently built toilet from Interest money.
I raised this issue in one of our meetings and one of the senior member shut my mouth by saying that he already checked with some Imam of the city (NOT THIS MASJID IMAM). Now, This masjid imam was very unhappy and now left to another masjid citing shariah issues on finance dealings of the masjid as no one hears him. I request you to give fatwa on the permissibility of Interest money in this case so that I would show them.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The Masjid is the house of Allah. It is the most revered area of any place. The trustees of a Masjid are entrusted with administering the affairs of the house of Allah according to the laws of Shari’ah. A trustee ought to be an Amīn (a trustworthy person). He must be a person who fears Allah and is sensitive to the laws of Shari’ah and regulates the affairs of the Masjid according to Shari’ah. It does not behove a person who is not conscious of the laws of Shari’ah to be a trustee of a Masjid. A trustee should know the basic laws of Shari’ah and should refer to reliable ‘Ulamā in issues he does not know.
Interest has been regarded haram in many verses and narrations. Consider the following:
Allah Ta’ālā mentions in the Qur’ān:
الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ 
“Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, "Trade is [just] like interest." But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.”[1]
In another place, Allah Ta’ālā mentions:
يَمْحَقُ اللَّهُ الرِّبَا وَيُرْبِي الصَّدَقَاتِ وَاللَّهُ لَا يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ
“Allah destroys interest and gives increase for charities. And Allah does not like every sinning disbeliever.”[2]
The Prophet Sallallāhu ‘Alayhi Wasallam has mentioned:
دِرْهَمُ رِبًا يَأْكُلُهُ الرَّجُلُ وَهُوَ يَعْلَمُ أَشَدُّ مِنْ سِتٍّ وَثَلَاثِينَ زَنْيَةً
“One dirham of interest/usury which a man consumes while he is aware (of it being interest) is more severe than thirty-six counts of adultery.”[3]
The Prophet Sallallāhu ‘Alayhi Wasallam mentions in another narration:
لَعَنَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّبَا، وَمُؤْكِلَهُ، وَكَاتِبَهُ، وَشَاهِدَيْهِ»، وَقَالَ: «هُمْ سَوَاءٌ»
Allah's Messenger (ﷺ) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal.[4]
 
The prohibition of interest is clear. General Muslims and even Non-Muslims know interest is prohibited in Islam. How can a trustee not know that? How can a trustee of a Masjid deliberately engage in earning interest with the money of the Masjid? Such an ignorant person should not be a trustee and should be removed.
If by chance, interest comes into ones possession, it will be incumbent upon the person to give the interest amount into charity without any intention of reward[5] to the poor and needy.[6]
In the enquired case, it is haram to use interest money to pay wages of an Imam.[7] No Ālim or Mufti can issue such a fatwa. To pay a person who is a heir (wārith) of Rasulullah Sallallāhu ‘Alayhi Wasallam[8], looking after the masjid and the musallah, with haram and filthy money of interest is an insult to Deen and the ‘Ulamā. That attitude reflects the total disregard for Deen and the ‘Ulamā. Such a trustee should be investigated if he himself uses such haram money to feed his wife and beloved children. The position of an Imam is a high and lofty one. He is the deputy of Rasulullah Sallallāhu Alayhi Wasallam. He should be respected and honored. It is stated in a Hadīth that looking at the face of an Ālim is an act of Ibādah[9], let aside paying for his legitimate services with haram interest money. The trustee in reference should resign or be removed or he should make sincere tawba and apologize to the Imām for the embarrassment he caused. In this lies his protection for his Deen and salvation for the hereafter.
Furthermore, interest money cannot be used to maintain the Masjid and the toilets of a Masjid.[10]
And Allah Ta’āla Knows Best
AbdulMannan Nizami
Student Darul Iftaa
Chicago, IL, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net