Our Imam steals, should
we still pray behind him?
By Ahmad Alsawi
Friday, January 18, 2008
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The Chairman on the occasion and head of Majlis Shura
of As-Haabus Salaam Society of Nigeria, Alhaji Hussein
Olawale Tijani (middle) flanked by the (Amir) President,
Alhaji Omosanjo Yoosuph (left) and Guest Lecturer, Sheikh
Ma’arufdeen Akintola, Chief Imam of Razak Okoya
(Olorun ni sola) Estate Central Mosque, Ajah, Lagos at
the opening ceremony of the 10th annual congress of the
society held in Lagos on Tuesday
PHOTO: MOSHOOD RAJI |
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We have a situation in our Masjid and would like to know
what the community should do. Imam, who is also a Quran Hafiz,
in the past seven years there have been numerous complaints
about his conduct. More than 11 people have seen him stealing
money from the donation box.
Our question is, should we still pray behind him, and what
action should be taken against him?
The trustees and responsible people of the community should
approach the individual and discuss the matter with him directly.
If he co-operates, then the trustees could consider his position
of being an Imam after meeting him.
If he does not co-operate, then another person should be appointed
as an Imam. The overwhelming evidence and eyewitnesses against
the individual could be considered if he does not use the
opportunity of meeting the trustees to defend the allegation
against him.
I know an Imam who has taken Money from bank on interest (riba),
which is of course Haram. I need to ask if it is permissible
to offer prayers behind such imam.
You state you know the Imam. It is our humble advice that
you refer your question to the Imam directly and get clarity
from him. It is not appropriate for us to issue a ruling against
the Imam based on your information as we do not know how our
ruling will be used.
In Islam is it ok to sell a Mosque?
A Mosque (Masjid) is generally Waqf for Allah Ta’ala.
The principle, in Waqf that Allah becomes the sole owner of
the property.
It is permissible to take benefit from such a Waqf that is
performing Salaat, etc. However, it is not permissible to
sell it. One has no right over this property. Even though
the proceeds is used to finance a new Musjid. (Hidaaya vol.2
pg.690; Ilmiyah)
If someone is offering their property for an Islamic cause,
how much control, if any, can they continue to have? Can they
form their own committee and elect themselves the President?
Considering their side, they are afraid that if they let go
the control, the wrong kind of people (Modernists/Biddatees)
will get control of the Masjid, as it has happened in another
Masjid in the past.
If a person offers his property as a Masjid, he has the right
to control the affairs of the Masjid. He can be the President
and he can also form his own committee.
A person in the community has donated a house to be used as
a Masjid, but would like to name the Masjid after his late
father. Can this be allowed? The Musallees are against this.
Please advise how to move forward, as this is causing a rift,
and some of the people have already started praying at a separate
temporary location (apartment). Does his sawaab (reward) now
gets reduced since he is attaching conditions to his donation?
In principle, a Waaqif (donor) may be a trustee of the Waqf
property. That includes a Masjid. He may also name the Masjid
as he wants to. That is his Shar’ee right and prerogative.
It is incorrect for the Musallees to object to the donor naming
the Masjid after his father’s name. However, if the
naming of the Masjid is causing dissention in the town, it
will be advisable for the donor to consider the unity of the
town and not name the Masjid under his father’s name.
Furthermore, the purpose of donating the house as a Masjid
is to attain reward. That will be defeated if Musallees do
not come to the Masjid. If there is no disagreement on naming
the Masjid after seeing this Fatwa, then the person may still
exercise his right of naming the Masjid under his father’s
name.
Are non-muslims allowed in mosques?
A non-Muslim is permitted to enter the Masjid on condition
he is pure and that he will not cause any harm to the Masjid.
(Fataawa Mahmoodiyah vol.15 pg.251)
Should the imam not be in the musjid for a valid reason, who
should lead the salaat from the following; 1. a hafiz who
is regular with salaat but does not have a fist length beard
or 2 a hafiz who is not regular in the Masji but has a fist
length beard.
A Hafiz who has a fist length beard should perform the Salaat.
Who has the preference to lead Salaat, a person who knows
little Qur’an but has a small beard, or one with no
beard but knows a lot more Qur’an?
The one who shaves his beard or trims it shorter than one
fist is classified as a Faasiq. The Fuqahaa have stated that
it is Makrooh (odious) to perform Salaah behind a Faasiq regardless
of the amount of knowledge he possesses. Therefore it would
be essential to perform Salaah behind one who has a Shar’i
beard even though he is not as well versed in the Qur’an
as the one mentioned above. (Ad-Durrul Mukhtaar, Vol. 2, Page
298. Ahsanul Fatwa, Vol.3, Page 260)
Note: If the Imam’s beard is small (less than one fist)
due to trimming it, than it will be Makrooh to perform Salaah
behind him as well.
Can you please provide the references from the Qur’an
and Hadith, that directly prohibits a woman leading the Salaat?
Nabi (S.A.W.), while delivering a sermon, directly prohibited
women from leading prayers, "Behold! No women should
lead a man in prayer." (Sunan-e-Ibne Majah)
The Qur’an speaks, "And whatever the messenger
assigns to you, you should accept, and whatever he forbids
you from, you should refrain. And fear Allah, certainly Allah
is severe in afflicting." (Surah Al-Hashar, Verse 7)
An Imam holds the position of a leader amongst the people.
Women, however, have been banned from assuming the position
of leadership, as emphasized by Rasoolullah (S.AW.), "How
can a people led by a woman, ever prosper."
The Jurists have unanimously agreed that women are not allowed
to lead the prayers. (Raddul Muhtaar, Vol. 2, Page 280, Al-Mughni
li Ibne Qudamah, Vol. 3, Page 19-32-33, Al-Muheetul Burhaani,
Vol. 2, Page 185)
In our masjid, the Muslims, the youth in particular, talk
about their day, sports, what they are doing over the weekend,
etc. I was wondering if this is okay or not?
To talk in the Masjid about personal matters is not permissible.
The Masjid is the house of Allah and the purpose of coming
to the Masjid is to worship Allah by performing Salaat and
occupy oneself in the Dhikr of Allah.
Hadhrat Saaib ib Yazeed [Radhiallaahu anhu] mentions that
I was sleeping in Masjid-e-Nabawi, then someone threw the
pebble at me. I looked to see and it was Umar [Radhiallaahu
anhu]. He called me and said, ‘Go and bring those two
people to me. Hadhrat Umar [Radhiallaahu anhu] he asked them
who they were and from where they came? They replied they
were from Taaif. Umar [Radhiallaahu anhu] said, ‘If
you were from the people of Madina, I would have punished
you. You raise your voice in the Musjid of Nabi [Sallallaahu
Alayhi Wasallam] ’ (Mishkaayt pg.71)
Are children allowed to stand next to their parents in the
middle of Jamaat, specially since this is the best way to
make sure they don’t commit any mischief in the Masjid?
I remember when I was a child, and had gone with my father
to pray Jumuah at a local Masjid back home. We found a cool
place inside the Masjid before Khutbah. But when the prayer
was about to start, the ‘adults’ pulled me out
of the row, and kept pushing me back chanting, "Kids
to the back rows". I was pushed back towards the entrance
of the Masjid, where there were no rugs, and the floor was
extremely hot. I couldn’t bear to stand there and join
the Jamaat. So, went to the wet wudu area, and just sat out
through the entire Salaat. You can imagine what was going
on in my mind, and the fact that the entire episode is so
fresh in my mind even after some 30 years.
The place for children is at the back.
Certain Ulama have given permission for keeping the children
next to their parents, if there exist strong fear of them
getting up to mischief and disturbing the Salaat of the adults.
(Taqreeraatul raafi’ee).
I am missing the Congregation prayers (Jamaat) as I have to
attend to a sick family member, am concerned about all the
reward I am losing.
Hadhrat ibn Umar [radhiallaahu anhum] narrates that Rasulullah
[sallallaahu alayhi wasallam] said, ‘The Salaat performed
with Jamaat is 27 times more superior than Salaat performed
individually.’
1. From the above Hadith, we understand that performing Salaat
alone will be accepted, but one will received 27 times less
reward and undoubtedly this is a great loss for the individual.
2. Concerning the reward of the missed Salaat with Jamaat,
you should make Tawbah (repent). Allah will reward you and
make sincere intention to perform all your Salaat with congregation.
3. Shari’ah applies a rule on a valid Shari’ee
excuse concerning missing Salaat with Jamaat as follows:
a. Illness – where it is not possible upon that person
to attend the congregation, member of the family is ill where
there is nobody to look after the member.
b. Heavy rain only at night if it is not possible for the
person to attend to the Jamaat, e.g. cylone, hail, flood,
snow, etc.
And Allah Ta'ala Knows Best
• Mufti Ebrahim Desai
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