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Question Summary:
Whom should be appointed as the Imam?

Question Detail:

1. Imam Lies about trimming beard. Many have seen after his umrah trip his beard was mashallah very good then suddenly became like a goatie.
2. The imam initially said he was Hanafi as most of the musallees are hanafi now he says he is Jamhur.
3. Imam has recently been exposed to be having extra marital connections with ghair mehram woman (Proof is photo which was used in qadhi court to get his wife talaq)
4. We have been instructed to not ask imam any maslas. And there are more capable ppl in the area who could be our imam and could help the musallees by an
swering their maslas. (This imam has done some 2-3 year course... apparently that makes them an alim)
5. The Imam believes (as per his answer when questioned by one of the brothers) that doing dua after Salah is biddat but does it just to secure his job. (1. His belief of it being biddat--- 2. After thinking something is wrong and still doing just so his wage is secure)
6. Many musallees are not complaining about the islamic issues in the mosque and many have requested that at minimum the religious comittee have some regular musallees and some proper alims in there. And that musallees be involved in decisions on the masjid. (Committee is basically ruled by a few influential ppl from which 1 or 2 salah by less then a handfull of them is actually prayed in this masjid. I think thats basically it. I need a letter from darul iftaa to the committee of the Mosque and maddrassa society. Explaining to them what action they are supposed to be taking and how they are responsible (like if they are ghuna ghar) based on the information above. We need reliable sources to tell them they are very political people so we want to make sure our facts are approved by Muftis like yourselves. And a letter will help greatly in saving this masjid from being run by politicians and businessmen who have taken the masjid to be a worldly asset rather then a road to jannah.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
You request a fatwa for the Committee of the mosque about the Imam in reference and his conduct.
It is possible the Committee members are already aware of all the issues you have raised. We do not see how our fatwa will make a difference. Furthermore, since you named the Masjid, it is irresponsible of us to issue a fatwa based on unilateral facts.
However, in order to assist the Committee in understanding the qualities of an Ideal Imam, we present the following-
1) The position of an Imam is a sacred one that brings with it great responsibilities. Rasulullah Sallalahu Alahi Wa Sallam used to be the Imam of the Sahabah in his lifetime. Before his demise, he instructed Hadhrat Abu Bakr Siddiq Radiallahu Anhu to lead the Salah. It is clear from this that the Imam is the deputy of Rasulullah Sallalahu Alahi Wa Sallam and the best and ideal person, Hadhrat Abu Bakr Siddiq Radiallahu was to be chosen as an Imam. The best person chosen as an Imam is also understod from the following Hadith,
يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللهِ، وَأَقْدَمُهُمْ قِرَاءَةً، فَإِنْ كَانَتْ قِرَاءَتُهُمْ سَوَاءً، فَلْيَؤُمَّهُمْ أَقْدَمُهُمْ هِجْرَةً، فَإِنْ كَانُوا فِي الْهِجْرَةِ سَوَاءً، فَلْيَؤُمَّهُمْ أَكْبَرُهُمْ سِنًّا
The one who is most versed in The Quran should act as Imam for the people, but If they are equally versed in reciting it, then the one who has most knowledge regarding Sunnah if they are equal regarding the Sunnah, then the earliest one to emigrate; it they emigrated at the same time, then the oldest one in age.(Muslim(
An Imam is the means between Allah and the Musallies.[1] The validity of the peoples Salah rest upon him. Therefore, Taqwa and Allah consciousness of the Imam is vital in fulfilling the role of the Imam.
The Imam should have the following qualifications and characteristics-
1) He must be well learned especially in issues pertaining to Imaamat and Salaah.[2]
2) He must have mastered Tajweed rules to facilitate correct recitation of qiraat in Salaah.[3]
3) He should adhere to the Sunnah in appearance and conduct.4
4) He must be a person with Taqwa (Allah consciousness).
He should not-
1) Engage in Haram; lies, extra marital affairs, Haram dealings.
2) Trim or cut his beard beyond one fist or do anything contrary to Shari’ah.[4]
3) He should not freely choose any ruling of any Imam as every person is prone to follow his nafs and desires.[5]
The  Trustees are entrusted with the responsibility of running the affairs of the Musjid. Therefore all issues of the Musjid are a sacred task and an Amanah for which they will be responsible on the Day of Qiyamah.
If the correct and ideal Imam is appointed, the Trustees will be greatly rewarded by Allah Ta’ala for their efforts. If the wrong person is appointed and the trustees are aware of violations of Shari’ah, they will be sinful.
Accordingly if the Imam is guilty of sinful acts and sincere people feel compromised on performing Salah behind him, then the trustees should replace him with a suitable Imam.
 
 
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/
 


[1]البحر الرائق( (1/ 370)

 أخرج الحاكم في مستدركه مرفوعا إن سركم أن يقبل الله صلاتكم فليؤمكم خياركم فإنهم وفدكم فيما بينكم وبين ربكم

 

[2]البحر الرائق( (1/ 367)

( والأعلم أحق بالإمامة ) أي أولى بها ولم يبين المعلوم وفسره في المضمرات بأحكام الصلاة وفي السراج الوهاج بما يصلح الصلاة ويفسدها وفي غاية البيان بالفقه وأحكام الشريعة والظاهر هو الأول ويقرب منه الثاني

 

[3]( البحر الرائق (1/ 368)

( ثم الأقرأ ) محتمل لشيئين أحدهما أن يكون المراد به أحفظهم للقرآن وهو المتبادر

 الثاني أحسنهم تلاوة للقرآن باعتبار تجويد قراءته وترتيلها

بدائع الصنائع (1/ 388)

 و ذكر في كتاب الصلاة و قدم الأقرأ فقال : و يؤم القوم أقرؤهم لكتاب الله و أعلمهم بالسنة

[4]) المحيط البرهاني (1/ 214)

وقال أبو يوسف رحمه الله: أكره أن يكون الإمام صاحب بدعة، ويكره الرجل أن يصلي خلفه،

مجمع الأنهر (1/ 322)

( وَالْفَاسِقِ ) أَيْ الْخَارِجِ عَنْ طَاعَةِ اللَّهِ - تَعَالَى - بِارْتِكَابِ كَبِيرَةٍ ؛ لِأَنَّهُ لَا يُهِمُّ بِأَمْرِ دِينِهِ وَكَذَا إمَامَةُ النَّمَّامِ وَالْمُرَائِي وَالْمُتَصَنِّعِ وَشَارِبِ الْخَمْرِ ( وَالْمُبْتَدِعِ ) أَيْ صَاحِبِ هَوًى لَا يُكَفَّرُ بِهِ صَاحِبُهُ حَتَّى إذَا كُفِّرَ بِهِ لَمْ تَجُزْ أَصْلًا

 

[5]) المحيط البرهاني (1/ 214)

وقال أبو يوسف رحمه الله: أكره أن يكون الإمام صاحب بدعة، ويكره الرجل أن يصلي خلفه،

 

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