A. It is his right to administrate the affairs of the Musjid. He has this authority. He has to be a person who performs Salaat with Jamaat five times a day. It is not a requirement that he be a regular musalli of the Musjid of which he is a trustee. If he lives at a distance from the Musjid, he can attend any other nearby Musjid.
Q. What are the requirements for a trustee of a Musjid or Madrasah or to be the Amir of the Muslim community of a town?
A. A trustee should be an uprighteous, pious male. His salient features will be: Regular performance of the daily Salaat with Jamaat; Islamic appearance—full beard and Islamic dress; adequate Deeni knowledge pertaining to the affairs of the Musjid. If he lacks adequate knowledge, he has to incumbently function after obtaining the ruling from the Ulama. It is not permissible to appoint a faasiq to any position of trust. Examples of fisq are shaving or trimming the beard; wearing the trousers below the ankles; dressing in kuffaar garb; irregular with Salaat; gambling; habitually speaking lies; indulgence in gheebat; violation of Hijaab; disobedience to parents, causing distress to them; dishonesty, and generally acting in flagrant violation of the Shariah. Those who persistently commit these kinds of misdeeds are unfit for positions of trust. It is not permissible to appoint such unqualified men.
Q. Is it permissible to appoint a faasiq as a mutawalli of a Musjid solely to appease people?
A. The laws of the Shariah may not be violated to appease people. It is not permissible to appoint a faasiq to the trusteeship of a Musjid. The concern of Mu’mineen should be the Pleasure of Allah Ta’ala, not the pleasure of errant people who have no respect for the Shariah of Allah Ta’ala.
Q. Not one of the trustees of our Mosque Board (and there are nine of them) is a punctual performer of the five daily Namaaz. What is their position in so far as their position of trusteeship is concerned?
A. These trustees of your Mosque Board are Fussaaq (rebellious sinners) as a result of their neglect of Salaat. Rasulullah (sallallahu alayhi wasallam) said: “He who neglects Salaat deliberately has committed kufr.” Furthermore, one of the conditions of trusteeship stipulated by the Qur`aan Shareef is regular performance of Salaat. Hence, these men are totally unfit and Islamically unqualified to be trustees of the Musjid. It is incumbent upon the community to force their dismissal from the sacred positions of Musjid Trusteeship.
Q. Is it Islamic to appoint Musjid mutawallis by the one man one vote system?
A. This is a kuffaar system which is not permissible. Musjid mutawallis should be appointed by mutual consultation.
Q. The trustees of a Musjid are laymen while the Imaam is an uprighteous Aalim. The trustees instruct the Imaam to give lectures on topics of their choice. Is the Imaam bound to give lectures according to the whims and fancies of the trustees?
A. The Imaam is not under obligation to follow the instruction of the trustees in the matter of Amr Bil Ma’roof Nahy Anil Munkar (Commanding righteousness and prohibiting evil). The Imaam is free to lecture on any subject of Islam.
Q. In some Musjids a section of the shoe racks has been fitted with doors which can lock. The doors and the locks have been fitted on some shelves to prevent the theft of shoes. Any musalli who wishes to put his shoes in the lock-up rack has to pay a rental for the shoe-box. He keeps the key with him for the period that he has paid rent. If he has paid the rent, for say six months, then he only is entitled to place his shoes in that particular shelf which he locks and keeps the key. Is this system permissible?
A. All the facilities of the Musjid — the shoe racks, the water, the taps, the toilets, the towels and whatever else there may be —are for the free use of all the musallis. No one has a preferential right to use any of these facilities, not even the contributors/donors. It is not permissible for any musalli to secure for himself exclusive use of any specific facility of the Musjid in lieu of a payment. Whoever comes first, has the prior right to the Waqf facility. Just as payment of a fee/rental cannot secure for one the exclusive right to sit in a particular spot in the Musjid or use a particular towel or a particular tap, or use a particular copy of the Qur’aan, etc., so too is it not permissible to pay money to reserve for oneself the exclusive right to use any particular shoe-box. All the shoe shelves/boxes are Waqf for the use of all the musallis. Giving a particular musalli the exclusive right of using a specific shoe-box infringes on the rights of the musallis who may come to the Musjid earlier than the one who has paid `rent’. Sometimes he may not even be present in the Musjid. The shoe-box will then remain unused to the inconvenience of other musallis. Irrespective of the advantages of this system, it is not permissible since it violates the rights of others and is in conflict with the rules of Waqf pertaining to the Musjid facilities.
Q. The mutawallees (trustees) of a certain Mosque usually award cash gifts to visiting personalities, lecturers and scholars from the Mosque funds. I wish to know if it is permissible according to Islamic Law to make such awards from Mosque funds?
A. The act of the Mutawallees in awarding gifts from Musjid funds amounts to gross abuse of Waqf funds. The Mutawallees are guilty of misappropriating the Mosque funds. It is not lawful to make such gifts from the funds of the Musjid. The guilty Mutawallees have to repay all such misappropriated sums from their own pockets and make Taubah for this serious breach of trust. Furthermore, it is the Islamic duty of the Musallees at the Musjid to strive for the removal of such incompetent and untrustworthy Mutawallees.
Q. In some mosques Islamic magazines and newspapers are sold. I am given to understand that this is not permissible. What is the ruling of the Shariah?
A. Trade of any kind whatsoever is not permissible within the Musjid precincts. Newspaper selling (regardless of whether these are Islamic papers) is trade and trade is disallowed inside Mosques. The Mutawallis (Trustees) of the Mosques concerned are dutibound to put an end to such un-Islamic practices.
Q. Pamphlets advertising Hajj and Umrah packages are cluttering the Musjid foyers. What advice is there for this type of advertising?
A. It is not permissible to utilize the Musjid premises or facilities for commercial purposes. The adverts of the travel agents should not be circulated at the Musjid even if these posters pertain to Hajj, Umrah and Qur’baani.
Q. In most Musjids around Dewsbury, England, the Committees are charging membership fees, as if to say that the Musjid is some kind of club. Is this permissible?
A. Membership fees are haraam. Membership fee is an imposition which comes under the purview of Riba. It is haraam interest. It is not permissible to charge membership fees for being members of any organisation, whether Musjid, Madrasah or any other kind of association. Membership fees are particularly abominable when related to a Musjid.
Q. Is it permissible to use the prayer-mats of one Mosque in another Mosque?
A. It is not permissible.
Q. Is it permissible to write verses, Surahs, etc. on the inside walls of a Mosque?
A. It is not proper to write anything or decorate on the Qiblah side wall, i.e. the wall which the Musallees face. It is Makrooh Tahrimi (forbidden) to do so. It is best not to write or inscribe anything on any of the inside wails of the Musjid. The following is recorded in the famous Fiqh Kitaab, Fathul Qadeer: “It is ‘aulaa’ (best and meritorious) that the walls of the Musjid be white and devoid of any writings and decorations. It is Makrooh to engrave pictures or writings on the walls.”
Q. Can one give the Holy Qur`aan (i.e. the Arabic Qur`aan) to non-Muslims for purposes of propagation?
A. The Qur`aan Shareef, every Muslim knows demands and deserves the highest of reverence. Allah Ta`ala has ordered that the Qur`aan Shareef be touched only in a state of purity. It is totally Haraam to touch the Qur`aan Shareef without Wudhu and this ‘hurmat’ (prohibition) is multiplied manifold if one happens to be in the state of ‘janaabat’ (greater impurity). It is therefore not permissible to hand the Qur`aan Shareef to non-Muslims who obviously will not comply with the Qur`aanic law of touching the Sacred Book ONLY in the state of total purity (i.e. purity from ‘hadath’ and purity from ‘janaabat’). Westernized Muslims commit the grave sin of defiling the Qur`aan Shareef by regarding it as an ordinary book and presenting it to persons who will handle it in the state of impurity. Furthermore, true propagation correct propagation cannot be executed by means of only the Qur`aan Shareef. The non-Muslim who reads only the translation of the verses is liable to misunderstand the Qur`aan Shareef. Even Muslims – especially westernized Muslims – have gone and are going astray by reading a translation of the Qur`aan Shareef. As a result of their ignorance of Islam they are confused by verses which seem to them as contradictory. In their state of confusion based on ignorance they misinterpret the verses and resort to kufr. Far from serving the purpose of propagation, a mere translation will only confuse the non-Muslim reader.
Q. Is it permissible to lock the Musjid or Jamaat Khaana due to fear of theft or vandalism?
A. It is permissible.
Q. The latest fad in the Musjids is so-called nasheed artists demonstrating their talents. The Ulama who organize these poetry and singing programs mention that it is one of the Sunnah practices to recite poetry. They quote Hadhrat Hassaan Bin Thaabit (radhiyallahu anhu) who had recited poetry for Nabi (sallallahu alayhi wasallam). Further, mureeds sing in praise of their sheikh, extolling his virtues and greatness while all and sundry emit queer noises sounding like ‘oohs and aahs’ The latest in the Musjids now are good sound systems for the naa’t (poetry) singers. The trend nowadays is like the devil singers of the west. Mikes are placed facing the crowd to pep the singer and the audience on the receivers in the ladies venue or at home. Please comment on this state of affairs.
A. This trend in emulation of the ‘devils of the west’ come within the scope of the Hadith: “It is better that your stomach be filled with pus than with poetry.” There is no justification for this latest evil trend of singing poetry in the Musaajid despite the fact that some Sahaabah would recite poetry which Rasulullah (sallallahu alayhi wasallam) had condoned. The Ahadith and the Qur’aanic verses which condemn poetry are applicable to the new, satanic practice which some of the Ulama-e-Soo’ have innovated and with which they pollute the sanctity of the Musaajid. The Musaajid have been constructed and dedicated for the ibaadat of Allah Ta’ala. It is haraam to convert a Musjid into a venue for stupid, indolent, misguided singers who follow in the footsteps of the devil singers of the west.
The Sahaabah did not make a profession or a vocation (mashghalah) of poetry. They did not organize poetry and singing sessions. There were no stupid poetry/singing sessions ever organized in either the Musaajid or elsewhere from the era of Rasulullah (sallallahu alayhi wasallam) to our age. It is only now that evil ulama, slaves of their bestial nafs, have initiated this satanic profession. It is tantamount to kufr to cite Hadhrat Hassan’s poetry as a daleel for the evil which these miscreant molvis are perpetrating in the Musaajid. Reciting even the Qur’aan Majeed aloud in the Musjid is not permissible. Converting the Musjid into the likes of a dancehall or concert-hall where singing, poetry and evil are committed, with sound systems and silly ‘oohs and aahs’ emanating from stupid people overcome with nafsaaniyat, is an act of capital shaitaaniyat. The holy atmosphere of the Musjid is totally ruined and defiled by the devil singers, the sound systems and the silly ‘oohs and aahs’ emanating from the stomachs filled with a substance ‘worse than pus’, for the Hadith informs us that ‘pus is better than poetry’.
Regardless of the ‘good’ content matter of the song/poem, indulgence in poetry/singing is haraam. The occasional, unofficial and spontaneous recitation of good poetry is excluded from the prohibition. But the shaitaaniyat which is nowadays enacted in the Musaajid is haraam. The sheikhs who get transported into nafsaani ecstasy by the stupid praises which their stupid mureeds sing, should go to some Muhaqqiq sheikh for Islaah of their nafs. Their shows of ecstasy are specious. These ‘shaikhs’ who love aggrandizement and praises, have not even perceived the fragrance of Tasawwuf. They do not have the faintest idea of the meaning of Tasawwuf and of its objectives, hence they squander their time and ruin the morals of their ‘mureeds’ with singing and poetry.
And, tomorrow will follow dancing – the so-called dervish dances which transport the stupid actors into Jahannum via their vehicle of nafsaani ‘ecstasy’. The contention that poetry is Sunnah, and that too in an organized manner right inside the Musjid, is not only a despicable lie, but a lie blasphemed in the name of Rasulullah (sallallahu alayhi wasallam). About such deliberate and despicable lies, Rasulullah (sallallahu alayhi wasallam) said: “He who speaks a lie on me (i.e. saying something is Sunnah when it is not), should prepare his abode in the Fire (of Jahannum).” The vile molvi who made this slanderous claim has implied that this ‘sunnah’ was dead right from the time of Rasulullah (sallallahu alayhi wasallam), and had remained dead for fourteen centuries, and it is only now in this belated era in close proximity to Qiyaamah that some miserable molvi has unearthed this ‘sunnah of singing and poetry’ from some buried archives of Satanism.
Is there a single instance in the entire history of Islam from Rasulullah’s age down the long corridor of Islam’s fourteen centuries, that any of the Sahaabah and the Ulama-e-Haqq had organized sessions of poetry and singing in the Musjid? Did they ever invite Muslims to come to the Musjid to participate in poetry and singing? The Qur’aan Majeed said: “The la’nat of Allah is on the liars.’ And, the lie uttered in the name of the Deen is an aggravated sin of terrible proportions. It is haraam to pollute the Musaajid with performances in emulation of the devils of the west. It is haraam to sit in the Musjid to listen to the hypocritical poetry and singing. The Musaajid are Allah’s Houses exclusively for His ibaadat.
Q. Recently our Musjid was host to a Nazam Jalsah which was held inside the Musjid. It was dubbed as the first such jalsah in Mpumulanga. I enumerate a few concerns. Please enlighten me on the Shariah perspective. i. One of the singers of the nasheeds (songs) sang a nasheed praising Rasulullah (sallallahu alayhi wasallam). His presentation was rap music style with action. His attire was contrary to the Sunnah ii. The other presenter, who is a qualified Molvi and Qaari, when reciting a nazam praising Allah Ta’ala, would gesticulate with his hands (up and down) requesting louder chorus from the musallees). iii. Our local Imaam was the MC of that hosted event. He had hired a non-Muslim sound system company to enhance and increase the sound. We do have a sound system in our Musjid, and also qualified Muslims who have sufficient knowledge of controlling the sound system. But the Imaam had allowed a non-Muslim in the state of najaasat and janaabat to control the sound system inside the main Musjid area. As far as I know even a Muslim is not allowed inside the Musjid without wudhu, never mind the state of janaabat, The non-Muslim operator was in the Musjid for about six hours. The sound system which was hired is used and hired to many non-Muslim and government functions where alcohol, etc.is served. iv. Our local Imaam announced in the Musjid that CDs of the nazam artists/ singers were available for sale. Is it not so that business transactions, promotions or even announcements of lost items in the Musjid are not permissible? Many members of our community are unhappy about this event. Kindly enlighten us of the Shariah’s ruling.
A. According to the Hadith, a time will dawn when the Imaam (leader, ruler) of the Muslims will commit zina in broad daylight with a woman right on the mimbar of the Jaami’ Musjid in Damascus in full view of the audience (the musallees) in the Musjid. It is quite logical that prior to this ultimate enactment of Shaitaan, there will be a prelude of shaitaani events of this nature leading up to the major act of zina in the Musjid by the ruler. It appears that in South Africa, the devil whom you have dubbed the ‘imaam’ of the Musjid, has initiated the process of preparation for zina in the Musjid. Ultimate acts of immorality and horror do not occur suddenlt and overnight. People are first desensitized by shaitaan with lesser acts of immorality. By degrees they become accustomed to greater acts of immorality until zina in the Musjid and zina on public roads become the norm. Shaitaan is a cunning master and teacher. He has initiated the process of incremental immorality and obscenity with songs about Allah Ta’ala and Rasulullah (sallallahu alayhi wasallam). Tomorrow when the Imaan has become thoroughly corrupt and desensitized to evil, songs of prostitutes will become acceptable.
In the beginning shaitaan lightly holds the victims finger. Gradually his grips increases until the time arrives when he finally swallows his prey. This satanic imaam is the agent of Iblees or he could be shaitaan in human form. Every act which you have described is the perpetration of shaitaan who has succeeded in enrolling the imaam, the Musjid’s trustees and the audience (the musallees) to support the event of immorality and to participate therein. The fact that this imaam had no care for even the sanctity of the Musjid nor was he concerned with the non-Muslim junubi polluting the Musjid for hours, nor did he suffer a twinge of conscience for all his haraam clowning acts, indicates that Allah’s la’nat (curse) has transmogrified his brains. This mal-oon so-called imaam has plainly advertised the divine curse which has settled on him. One does not require an excess of intelligence to understand that the vile ‘nazam jalsah’- concert held in the Musjid is HARAAM. All the antics, acts and even the very singing of the nazams in the Musjid in the manner described in your letter are HARAAM.
It is worse than the act of adultery committed by a man in privacy because the adulterer is smitten afterwards by remorse, regret, and he hastens to Taubah while the devil ‘imaam’ promotes his Satanism under the guise of the Deen. There is no need to comment much on the ingredients of the immoral function. The concert was HARAAM from A to Z. The faasiq imaam should be kicked out from the imamate position. It is not permissible to have such a faasiq-faajir to be the Imaam of the Musjid. The trustees of the Musjid are equally liable and blameworthy for allowing the HARAAM concert to be conducted in the Musjid. The imaam and all of those who condoned this HARAAM function are tinders of Jahannum.
Q. In some Musjids the practice of singing nazams has developed. Is this permissible?
A. The Musaajid are for ibaadat, not for nafsaaniyat. Shaitaan has adorned sin by covering it with a veneer of ‘ibaadat’. Those indulging in singing songs inside the Musjid are entrapped in the snare of shaitaan. They are the worshippers of their nafs. This new fad of singing songs in the Musjid is haraam.
Q. Please comment on the recent trend of Deobandi Ulama running seerah programmes during Rabiul Awwal.
A. Hadhrat Maulana Ashraf Ali Thanvi (rahmatullah alayh) said that Bid’ah is not confined to meelaad, qiyaam, urs and similar practices in which the Ahl-e-Barelwi sect notoriously specializes. Bid’ah exists even in the ranks of our Ulama of Deoband, and this Bid’ah is on the rise. Bid’ah is proportionately incremental to the decrease of the quality of Ilm and Taqwa. Whilst the Janaazah of Taqwa has long ago departed from the ranks of the molvis who align themselves with Deoband, the Janaazah of even Zaahiri Ilm (textual/book knowledge) is on its way to the Qabrustaan. It is precisely on account of the demise of Taqwa and Ilm, that the new brand of ‘deobandi’ molvies are groping in darkness, searching for ways out from the tunnel of darkness. Since they lack the necessary Ilm and Taqwa to combat the deluge of Bid’ah and Baatil in which the community is submerged, they are now blindly emulating the ways of the Qabar Pujaaris.
It is the long-standing Bid’ah practice of the Barelwi Qabar Pujaaris (graveworshippers) to conduct a flurry of ‘seerah’ and moulood programmes specially in the month of Rabiul Awwal. Molvis aligned to Deoband are now jumping onto this Bid’ati wagon. Bereft of sound Ilm which is an imperative requisite for combating Bid’ah and Baatil, they have clambered on board the Bid’ati wagon, hence they too are now introducing the Rabiul Awwal bid’ah in their ranks. Bid’ah is the product primarily of jahaalat (ignorance). Ignorance is zulmat (darkness), and zulmat can be dispelled with only Ilm (sound knowledge of the Deen adorned with Noor), for Ilm is Noor (spiritual Light). The Bid’ah of the Bareilwis cannot be combated and extinguished by introducing Bid’ah or by adopting their methods.
The New Brand Ulama of Deoband, i.e. those who are not of the Barelwi sect and who proclaim to be followers of the Akaabir Ulama of Deoband, but who are not genuine followers of the Akaabireen, have strayed from Siraatul Mustaqeen. The vile process of halaalization of haraam, bid’ah, fisq and fujoor is now a deepseated disease in the molvis of our jamaat. There is no resemblance between them and the Akaabir Ulama of Deoband. There is a difference of heaven and earth between the two groups. Their self-professed alignment with the Ulama of Deoband is a deceptive canard, They befool themselves and beguile others who cherish respect and honour for the illustrious Akaabireen of Deoband. Their ‘seerah’ jalsahs are either manifestations of their nafs craving for cheap publicity, or the effect of wayward jahaalat which is an attribute of such knowledge whose objective is the dunya. They manipulate knowledge for worldly and nafsaani motives. They are signs of Qiyaamah. Rasulullah (sallallahu alayhi wasallam) commenting on the Signs of Qiyaamah, mentioned that “The dunya will be pursued with the amal (deed) of the Aakhirah.” In other words, under guise of ibaadat, the ‘learned’ men will seek worldly, nafsaani and monetary goals. It is not permissible to organize ‘seerah’ jalsahs in Rabiul Awwal nor is it permissible to participate in such gatherings of Bid’ah.
Q. What does it mean to do Ibadaat for the Dunya?
A. “On the Day of Qiyaamah there will be people who will have marks on their foreheads (as a result of Sujood in abundance). They will be those who had spent the nights in Tahajjud Salaat. Night and day they had devoted to Ibaadat. However, the Malaaikah will be hauling them in to Jahannum.” The companions of Hadhrat Ali (radhiyallahu anhu) who were with him on this occasion, asked in surprise: “What is the reason for this?” Hadhrat Ali (radhiyallahu anhu) replied: “Whilst they were engaged in their effort (of ibaadat), their Maqsood (Objective) was not Allah Ta’ala. They performed their acts of ibaadat to satisfy their own desires, hence it will be proclaimed: “Today, all of you enter into Jahannum! You have no relationship with Me (i.e. Allah Azza Wa Jal).” This Hadith has full applicability in the present age in which the dunya is being pursued with deeds supposed to be for the Aakhirah. Among the signs of Qiyaamah, it is mentioned in the Hadith that people will pursue worldly objectives with deeds of the Aakhirah (i.e. with ibaadat and Deeni activities) which will be utilized as a smokescreen for despicable nafsaani motives. All the so-called ‘deeni’ functions of merrymaking, the ‘thikr’ and sing-song (na’t) sessions, the public thikr halqas and even madaaris are of this category of deeds which are perpetrated to deceive the ignorant masses for the acquisition of nafsaani and worldly designs and objectives.
Q. What is the lslamic position of Hulqa Thikr carried out on Thursdays in Mosques, especially here in Mauritius. Thikr is made loudly with people jumping in ecstasy occasionally?
A. Hadhrat Ibn Mas`ood (radhiyallahu anhu) the venerable Companion of Rasulullah (sallallahu alayhi wasallam) ordered the expulsion from the Musjid of such base innovators. This is a practice of Riyaa (ostentation) and a custom of evil innovation originated by men who had drifted far, far from the Path of Rasulullah (sallallahu alayhi wasallam). Indulgence in such un-Islamic practices is a grave sin.
Q. In your issue Vol. 18 No. 12 you have described as bid’ah the practice of Imaams making a bayaan or tafseer immediately after the Fardh Salaat. I am one such Imaam in a Musjid where our seniors want it that way. I am at a loss. So, my question is: Is it better for me to resign my position or follow my employer’s instruction because I understand that it is not such a very serious issue. Your advice will be very helpful.
A. The fact that you have described a bid’ah ‘not such a very serious issue’ reveals that you have Not understood the meaning and the vile consequences of bid’ah. Assuming that it is not a ‘very serious issue’, then too, according to the Hadith the one who regards sin lightly is like one who thinks lightly of Allah Ta’ala. Hadhrat Aishah (radhiyallahu anha) warned that we should not minimize such sins which people regard as ‘little sins’. All sins are great and evil, and what is regarded as ‘little’ ultimately develops into what every Tom, Dick and Harry acknowledges is ‘gigantic’ sin. It does not require colossal intelligence, deep insight and the knowledge of a genius to understand that Rasulullah (sallallahu alayhi wasallam), the Sahaabah, the Taabi-een, the Tabe Taabieen and the Fuqaha of all ages, performed the Sunan-e-Rawaatib (the Sunnats after the Fardh) immediately after the Fardh Salaat. There was no activity, Deeni or worldly, interspersing between the Fardh and Sunnat Salaat.
But more than 14 centuries after the completion and perfection of Islam, and while the Pattern of life of Rasulullah (sallallahu alayhi wasallam) and the Sahaabah is fresh and glaring in front of us, we find seniors inventing new practices. Regardless of the logic of the benefits they may perceive in this new interruption between Fardh and Sunnat Salaat, the bottom line is the fact that it is a practice alien to the Sunnah. As such it must be abandoned. This should be adequate to debunk your ‘not so very serious’ idea. Whether you should resign or not, is left to you. We refrain from advising you on this aspect. An interruption between the Sunnat and Fardh Salaat is a serious issue which no longer concerns even the Ulama. If after the two Sunnats of Fajr and after the four Sunnats of Zuhr, one engages in any worldly act, then the Sunnats should be repeated. If after the Fardh Salaat the musallis engages in some conversation thereby delaying the immediate performance of the Sunnat Salaat, then according to some Fuqaha, the Sunnatul Muakkadah Salaat is lost. There is no way of compensating for it other than Istighfaar.
Another view is that while the Sunnatul Muakkadhah is valid, the thawaab is substantially reduced. Thus, according to both views there is substantial damage to the Salaat as a consequence of an interruption not sanctioned by the Sunnah. According to the Fuqaha, this damage to the Salaat is the consequence of every act which negates the Tahreemah (i.e. the Salaat), and is not confined to worldly acts. Just as reciting from the Qur’aan Majeed naatharah (i.e. looking in the Mushaf – copy of the Qur’aan) negates Salaat, and just as doing kitaab-reading during Salaat invalidates Salaat, so too do these acts of virtue negate the Sunnat-e-Muakkadah Salaat according to one view, and according to the other view, reduces the thawaab. Precisely for this reason, that is, to avoid an interruption, it is not permissible for the Imaam to engage in a long dua after such Fardh Salaat followed by Sunnatul Muakkadah (i.e. Zuhr, Maghrib and Isha). The Fuqaha have categorically prohibited this.
Furthermore, the Fuqaha have ruled that even Aayatul Kursi, Tahmeed and Tahmeed (and any form of Thikr) should be delayed until after the Sunnatul Muakkadah. The interruption which is validated by the Shariah is only a Dua equal in length to the usual “Allahumma Antas salaam……..” The Fuqaha base this on the narration of Hadhrat Aishah (radhiyallahu anhua). As for the other athkaar narrated in the Ahaadith, the Fuqaha have adequately explained these. It is not proper and not permissible for us Muqallideen to look beyond the confines of the Rulings of the Aimmah-e-Mujtahideen. Some Fuqaha have said: “To commence the Sunnats immediately after the Fardh is Masnoon.” The Masnoon interruption of the short Dua does not affect the Ittisaal (or immediate adjoining). If the Sunnatul Muakkadah is performed after auraad and athkaar, then while the Sunnats will be discharged, it will not be in accordance with the Sunnah since the Sunnah time adjoins the Fardh Salaat. However, in one view, the Sunnatul Muakkadah is irreparably eliminated.
Now that you have understood the emphasis which the Shariah places on Ittisaal (immediate adjoining) between Fardh and Sunnat Salaat, you will, if you are unbiased and in search of the Haqq, better understand the prohibition of interrupting this Ittisaal with Kitaab-reading. While there is no compensation for this Ittisaal if lost, there is a compensation for the kitaabreading. It could be delayed until after the musallis have comfortably completed their Salaat which is the primary obligation when visiting the Musjid.
Q. Is it not true that the Sahaabah Kiraam used to make loud thikr, especially Tasbih Faatimi, after the Fardh Salaat? This used to be an indication to a latecomer that Salaat was over. So, if they did so, why does the Majlis term loud thikr to be bid’ah?
A. If it is not bid’ah, and it is Sunnah as your ‘ijtihaad’ on the basis of your quoted hadith implies, then why does the entire Ummah, all over the world, not follow this Sunnah for which you have cited your daleel? Why did Hadhrat Mufti Mahmood (rahmatullah alayh) whom you have cited (in your letter) not practice this Sunnat of the Sahaabah Kiraam? Why did not a single one among all our Akaabireen ever recite Tasbeeh Faatimi loudly after Fardh Salaat to indicate to the numerous latecomers nowadays that the Salaat is over? And, why don’t you yourself recite Tasbih Faatimi loudly after the Fardh Salaat?
And, why do even the Barelwis, the masters and experts of loud thikr, not recite Tasbih Faatimi loudly after Fardh Salaat? Brother, your ‘ijtihaad’ is corrupt and baseless. No one in this age has the right and no one after the age of the Aimmah Mujtahideen had the right to dig into the Hadith books for a Hadith to bolster his fanciful idea of ibaadat. The acts of ibaadat have been prescribed, determined and explained fourteen centuries ago. Any new interpretation is baatil and mardood (false and rejected). Those who want to have their loud thikr and Khatm-e-Khwaajgaan should go into their private cloisters and execute their practices of personal preferences. They should not display their private acts of worship as Sunnah nor should they seek to substantiate their non-Sunnat acts by citing Ahaadith which have absolutely no relationship with these practices of loud thikr. Those who have made public shows of their thikr are falling into the same cesspool of deviation and innovation in which the Bareilwis are churning. May Allah Ta’ala save us all from bid’ah and may He bestow Aql-e-Saleem to us all to enable us to differentiate between Ibaadat and Bid’ah.
Q. The Trustees of a certain Mosque have appointed a man who is known to have embezzled trust funds, as the Imaam of the Mosque. Furthermore, this Imaam is careless of his religious obligations, for example, he cuts his beard, wears his trousers below his ankles (even in Namaaz), observes no Purdah with females. How is it to perform Namaaz behind this Imaam? Is it better to perform our Namaaz at home or behind this Imaam?
A. It is Makrooh Tahrimi (an act which is detestable and forbidden) to appoint such an unqualified person as the Imaam of a Musjid. The Trustees are violating the Law of Islam in this respect and will be answerable unto Allah Ta`ala for this gross dereliction of sacred duty. The Trustees of a Musjid are holding positions of. sacred Trust which they must not regard lightly. Trusteeship of a Musjid nowadays is regarded as a popular post for gaining cheap glory, hence we see unqualified totally unfit persons aspiring and yearning to be Musjid Mutawallees. The Mutawallees of this particular Musjid in question are obliged by the Shariah to dismiss this Imaam. However, despite the “FISQ” of this lmaam and the un-Islamic and unlawful act of appointment of the Trustees, you should not forego the performance of your Salaat with Jamaat in the Musjid. It is permissible to perform Salaat with even such a Faasiq Imaam leading. Jamaat Salaat is of the greatest importance and has to be fulfilled even after this Imaam.
Q. How is it to appoint as Imaam a person who is insolent and disrespectful to his father and ustaad?
A. Such an insolent person is a faasiq of a high degree. He is a great sinner. It is not permissible to appoint him as Imaam. Such insolence has far reaching and disastrous consequences both in this world and the Aakhirah.
Q. One of the Musjid’s administrators calls the Iqaamat. He makes many mistakes. There are others who can recite correctly and who are able to recite the Iqaamat properly. Is it the right of the administrator to recite the Iqaamat or can another person who knows how to recite discharge this duty?
A. It is the right of the Muath-thin to recite the Iqaamat. It is not the right of the administrator or the trustee. If there is no permanent Muath-thin, then any of the musallis who is able to recite correctly should call the Iqaamat. The administrator who is unable to recite correctly should refrain from doing so.
Q. Should a Musjid bear the name of a nationality or a Math-hab? Is this not a recipe for fitnah?
A. Explain in which way will it be a recipe for fitnah and what have you understood by ‘fitnah’ in this context? The designation of a nation is not a swear word. Allah Ta’ala has created races and nations. There is no harm in naming a Musjid after a particular racial or national group. Math-habs are holy Institutions. It is perfectly permissible to name a Musjid with the designations of the Holy Math-habs of the Sunnah. This question has arisen on account of people subscribing to western concepts.
Q. May Sadqah be given to the Imaam only with the approval of the Musjid trustees?
A. If the Imaam is poor and allowed by the Shariah to accept Zakaat, then Sadqah may be given to him without the approval of the trustees. There is no need to seek the consent of the trustees in this matter.
Q. The old Admiral hotel in Overport, Durban is being renovated to be the new Al-Hilaal Musjid. This is being done at great expense and is unnecessary wastage of money. Please advise on this.
A. We do not know of the merits of this case. If a Musjid is needed in the vicinity or not, we are not aware. However, in the present age there is a definite emphasis on wasting huge monetary resources for unproductive structures. People construct elaborate Musjids to vie with each other. Millions are wasted in brick, mortar and tiles while tens of millions of the Ummah’s children all over the world are totally deprived of the very basic Deeni education to preserve their Imaan. The diseases of riya (show) and israaf (waste) are chronic among Muslims. Millions of rands are wasted in putting up structures. But most of the time a handful of musallis attends. Among the signs of Qiyaamah is the squandering of money on unnecessary Musjid structures. In this regard Rasulullah (sallallahu alayhi wasallam) said: “Their Musaajid will be elaborate constructions while they (the Musaajid) will be bereft of hidaayat (Deeni guidance).”
Q. There is a piece of land opposite the Musjid. This land was on sale for more than a year. Everyone in the community was aware of this. About a month ago a Muslim of this locality purchased the land. Some members of the Musjid committee objected to him purchasing the land. They claim that from the beginning the Musjid committee was interested in this land. The committee had approached the owner of the land on numerous occasions, but due to the high price did not buy it. According to the committee the Musjid had the first right of purchase. Secondly, they claim that the purchaser was dutibound to first inform the Musjid committee of his intention to buy the land. Although the purchaser did send someone to inform the Musjid committee of his intention to buy, they did not respond at that time. Many Muslims were interested in buying the land, but the Musjid committee prevented them. • Was it permissible for the Musjid committee to prevent others from purchasing the land? • Is it correct that the Musjid has the first right of buying the land? • Was it binding on the purchaser to inform the Musjid committee of his intention to purchase the land? • Does the Musjid committee have any right of objecting to the sale?
A. Haqqush Shufah (Preamptive right to purchase) relates to adjacent land, not land on the opposite side. Another requirement is the willingness and ability of the immediate neighbour to pay the price the owner of the land wants. In view of both these conditions not found, the Musjid has no pre-emptive right to buy the said piece of land, neither does it have any moral right because the land was put up for sale for more than a year. Everyone was aware that the land was up for sale. The Musjid committee had refused to pay the price. It was wrong and un-Islamic to prevent others from purchasing the land. It was selfish of the committee to adopt such underhand tactics to prevent others from exercising their lawful Shar’i right. If a non-Muslim had purchased the land, the committee would not have reacted in this selfish manner. Although the purchaser had informed the Musjid committee, he was not under legal obligation of the Shariah to inform them. The permission of the committee was not a requisite for the purchase of the land. The committee has no right of objecting to the purchase.
Q. A Muslim brother borrowed some lengths of timber from the Musjid with the permission of the Musjid committee when he was building his home. For some reason he wants to pay for the timber and retain it. He does not wish to return the timber. Is this permissible?
A. It was not permissible for the Musjid committee to have loaned the timber to him. The proper hiring fee for such timber should have been charged. This brother should now of his own accord make an appropriate contribution to the Musjid. He cannot insist to retain the timber and pay for it. If the timber is redundant and the Musjid has no longer use for it, he can purchase it for a fair price.
Q. A water cooler has been installed in our Musjid for the benefit of the Musallis. Can the public at large take water from this cooler? Some members of the Muslim community fill their 2 litre containers to drink in their businesses. Is this permissible?
A. It is not permissible. The cooler is for the needs of only musallis while they are in the Musjid. They may not fill containers and take to their homes or shops.
Q. The committee of our Musjid/Madrasah gave the Ustaadh 3 months leave with full pay which is paid from the public funds. But the community is unaware of this. Is this permissible?
A. It is not permissible. The committee is guilty of gross abuse of public funds. The members of the committee should reimburse the Trust Fund with their own money.
Q. A man has made the upper floor of his house Waqf for a Musjid’s expenses. Is this valid?
A. Yes, it is valid. The upper floor has to be hired out and the income given to the Musjid.
Q. It has been said that since Shiahs also call their places of worship other than Musjids, Jamaat Khaanahs, we should no longer call our places of worship Jamaat Khaanahs, but name our places of worship which are not Musjids, Musalla. Is this good logic?
A. In term of this logic we shall have to coin other words for Allah Ta’ala, for Musjid, for Ambiya, for Salaat, for Zakaat, for Hajj and for a myriad of things. This logic is fallacious. There is no need to abandon the term, Jamaat Khaanah.
Q. We have a jamaat khaanah on the second floor of a shopping centre. On the first level, below the jamaat khaanah, is a liquor store. Is it permissible to perform Salaat in this jamaat khaanah?
A. Although the Salaat performed there is valid, it is highly improper to have a jamaat khaanah in such a place. The community should search for another venue.
Q. Our Imaam was dismissed for breach of trust and dereliction of duty. The Imaam took us to the Department of Manpower, and we were compelled to pay him four months salary although we do not owe him anything. Is the Imaam entitled to take the Musjid’s funds with the aid of the authorities of the land?
A. Even if the Imaam was not guilty of breach of trust and dereliction of duty, he had absolutely no Islamic right of acting like an unbeliever who runs to the government agencies to enlist their aid to usurp the Amaanat funds of the Musjid in this haraam way. This ‘imaam’ is a mercenary. He is not a man who renders Deeni service for the sake of Allah Ta’ala, hence he had no hesitation to seek haraam assistance to lay his hands on the Amaanat funds of the Musjid. It is utterly shocking for an imaam of the Musjid to stoop to such a despicable level. It is never permissible for him to take the money. The amount given to him was not salary of four months since he did not work. It is haraam money which he has devoured without the slightest pang of conscience.
Q. In a Musjid, the trustees have made available plastic and straw topees for those musallis who come to Musjid without topees. They don the plastic topees when performing Namaaz, and when they leave they remove them. A dispute has developed among some Ulama regarding the permissibility of these topees. Please state the correct view?
A. The principle is that it is not permissible to be dressed for Salaat (Namaaz) in a manner which is frowned on by the public. If one would not normally go into public or to respectable places and infront of honourable audiences in a particular type of dress, then it is not permissible to perform Salaat with such garments, e.g. one would not appear in court dressed in pyjamas or with the plastic/straw topees which the trustees have made available for such musallis who have neither understanding nor respect for Salaat. It is not permissible to perform Salaat with plastic and straw topees, the type you have mentioned and which we have already seen in some Musjids in Karachi. The Ulama who say that it is Makrooh Tahrimi are quite correct. Provision of plastic topees is not the answer for the ignorance of the people. The answer is ta’leem. The Ulama should speak on the topic repeatedly and make dua for the guidance of the errant brothers.
Q. Is it permissible to invite the non-Muslim president of the country to address Muslims in the Musjid? The president may be seated on the mimbar or stand alongside the mimbar or special seating may be arranged for him by the mihraab.
A. Even a Muslim president of an Islamic country may not be allowed inside the Musjid if he is in the state of janaabat (greater ritual impurity). In fact, Muslims are not allowed to enter the Musjid if they are even in the state of Hadth (lesser impurity). They have to be free of janaabat and have wudhu when entering the House of Allah Azza Wa Jal. Non-Muslims are perpetually in the state of janaabat, hence it is not permissible to allow the non-Muslim president into the Musjid. If a non-Muslim agrees to take a full ghusl, he may enter the Musjid. However, it is still not permissible to allow a non-Muslim to address Muslims from the Musjid platform. The Musjid is Allah’s House consecrated and reserved for ibaadat (worship), not for any political or other kinds of worldly talks and activities. If there is a need for the president to address Muslims, another venue should be arranged.
Q. Is it permissible for Muslims to invite the non-Muslim ruler (president, king, etc.) to deliver a speech inside the Musjid?
A. It is not permissible for even a Muslim without wudhu to enter the Musjid. To a far greater degree will the prohibition apply to a non-Muslim who is perpetually in the state of ceremonial impurity (najaasat), namely, janaabat and kufr. Those who are guilty of allowing this commit a major sin. Being a president of a king does not purify a man from these states of ceremonial najaasat. If circumstances compel such an ‘invitation’, it will be imperative to insist that the president/king first takes a full shower ( a valid ghusl) to eliminate the physical janaabat. But this partial purification (i.e. only the physical dimension) does not rectify the spiritual pollution of kufr. The Qur’aanic prohibition is two dimensional – physical and spiritual (janaabat and kufr). The Qur’aan prohibits the entry of non-Muslims into a Musjid on the basis of these two grounds. However, we say with much trepidation that if there is a real need for extending the invitation to the president/king to speak inthe Musjid, then at least he should be in the state of physical Tahaarat. And Allah knows best.
Q. On another occasion at the same Jamaat Khaanah, the appointed Muath-thin called the Athaan. But the Iqaamat was recited by a man dressed with a pink T-shirt and jeans and without his head covered. After the Salaat I approached the imaam to complain. He responded that he did not want to offend anyone. Please comment.
A. The imaam and the trustees of the Jamaat Khaanah miserably failed in their duty. They were supposed to have stopped the faasiq in his tracks and prevented him from reciting the Iqaamah. It is not permissible to allow a faasiq to recite the Athaan and the Iqaamah. Salaat performed with such lewd dress has to be compulsorily repeated.
Q. Some Ustaadhs teach their Hifz students inside the Musjid occasionally even though there are vacant classrooms as well as the sehen section at the back of the Musjid. Sometimes musallis come to the Musjid to perform Salaat. The class continues noisily and disturbs the musallis. Further, is it permissible to the Ustaadhs who are paid a monthly salary to teach inside the Musjid?
A. It is improper for these Ustaadhs to teach inside the Musjid for two reasons: (1) The musallis are disturbed. The primary purpose of the Musjid is Salaat. Any activity which disturbs or interferes with Salaat in the Musjid is not permissible. (2) The Musjid may not be used to earn. If the Ustaadh is paid a salary, then it is not permissible for him to sit inside the Musjid to teach.
Q. A Hifz class operates inside the Musjid. It continues even while musallis are performing their Sunnat Salaat. The loud recitation of the pupils disturbs and distracts the musallis. Is it permissible to conduct the Hifz class whilst musallis are performing Salaat?
A. It is not permissible to recite even the Qur’aan Shareef audibly in the Musjid when there are musallis performing Salaat or engaging in silent thikr. The hifz class should not operate in the Musjid at the time when musallis are performing Salaat.
Q. Is it proper for the trustees of a Musjid to allow people to charge their cell phones in the Musjid?
A. If anyone charges his phone in the Musjid he has to pay a fee which should be used for the Musjid. The committee members/trustees have no right to allow people to use the Musjid’s electricity for private purposes without paying a fee.
Q. In our Musjid we have a ‘lost and found’ box into which discarded/forgotten socks, topis, and other insignificant items of very little value are deposited. After some time these unclaimed items are given away to the poor. Is this permissible?
A. The ‘lost and found box’ will suffice for items of negligible value such as old socks, handkerchiefs, topis, etc.
Q. The Musjid has a parking area which is also Waqf property. It belongs to the Musjid. Is it permissible to reserve a parking bay for the Imaam of the Musjid?
A. The Musjid premises is Waqf. The parking area is the right of all musallis. The musalli who arrives first has the prior right to a parking lot. No area of the Waqf premises of the Musjid may be reserved for anyone, be he the Imaam or the Ameerul Mu’mineen or the president of the country. Just as a spot inside the Musjid may not be reserved for the Imaam, so too a parking bay may not be reserved for the Imaam. Anyone who arrives first has the right to park in the vacant parking bay. The reservation of the parking bay for the Imaam is not permissible.
Q. In some Musjids a protruding mike is used instead of the clip-on mike. When the Imaam proceeds from Qiyaam to Ruku’ and Sajdah and when returning to Qiyaam he swerves in a crescent motion to avoid hitting the mike. In each and every raka’t, whenever moving out of Qiyaam, this swerving motion is clear and intentional. Please comment. Does this action affect the Salaat?
A. The Imaam who performs such haraam clownish actions in Salaat and the trustees who compel the Imaam to behave like a stupid clown are all contumacious morons. They have no fear for Allah Ta’ala and no respect for the Salaat. The ridiculous clownish ‘circular’ movement of the Imaam when going into Ruku for the sake of accommodating the mike is decidedly haraam. His body and mind are both engaged in acts which are extraneous to Salaat. The minimum harm is deficiency in the Salaat. Whether this act breaks the Salaat or not, we cannot comment at this stage since we need to see the extent of this silly, extraneous act of the Imaam. The musallis may and should speak to the Imaam to discontinue this Makrooh Tahrimi practice. In fact, the mike should be discontinued. Salaat is not a hobby subject to whim and fancy. It is the highest act of ibaadat which brings the slave closest to his Rabb. The rooh (soul) of Salaat is ruined by engaging in such stupid actions which make the Imaam appear like a ludicrous clown.
Q. Recently many sheikhs and imams from Saudi Arabia have been coming to South Africa. When they are brought to the Musjids, the regular Muath-thin is not allowed to recite the Athaan and Iqaamah. Someone else with a more ‘melodious’ voice gives the Athaan and the Iqaamah. Even if the Imaam is a musaafir, he sometimes performs four raka’ts instead of qasr. Also the Iqaamah is changed. To appease the visiting sheikh, Hayya alas salaah is recited only once. Please comment on this state of affairs.
A. We are living in an age about which the Hadith says: “The dunya will be pursued with the amal of the Aakhirah.” The Athaan, Iqaamah, Salaat and the Masaa-il of the Deen are all a’maal (virtuous acts) which are practised to gain the Pleasure of Allah Ta’ala and thawaab in the Aakhirah. However, nowadays the Deen is utilized and mis-manipulated for worldly and nafsaani objectives. Show (riya), flattery and pride contaminate the acts of ibaadat and the Musaajid in these days. It is for this reason that even ulama crawl obsequiously at the feet of government officials, government imams and the establishment ulama. It is not permissible to shove aside the permanent Muath-thin to enable another person to give the athaan on some misguided notion of impressing the visiting Saudi sheikh. In pushing the poor Muaththin aside, they are violating his Haqq. It is HARAAM to change the Iqaamah and recite Hayya alas Salaah and Hayya alal falaah only once despite the Masnooniyat of these acts. To change an act of ibaadat for pleasing/ impressing a human being is SHIRK, the effect of which could be kufr at the time of Maut. Those who have ordered this act of shirk/kufr should hang their heads in shame for making a mockery of Ibaadat which is exclusively for the Sake of Allah Azza Wa Jal. It is preferable that the Muqeem Imaam leads the Salaat, not the musaafir even if he happens to be a Buzrug. The Salaat of all the Muqtadis is invalid if they performed behind a musaafir Imaam who makes four raka’ts.
Q. The incidence of Saudi Sheikhs/Imaams visiting the country is on the increase. Our Ulama are hosting them and establishing their image in the Muslim community. Please comment. Is it proper for the musaafir Imaam to lead the Salaat if he performs two raka’ts and the rest of the Jama’t gets up to perform two raka’ts?
A. The spate of Saudi Imaams/Sheikhs visiting the country does not bode well for the Deen of South African Muslims. These Imaams are the ambassadors of Salafi’ism and are despatched by the Saudi authorities. Some Ulama in South Africa have fallen in the Saudi trap. Umrah perks, free and easy visas, V.I.P. treatment, etc. are carrots which the Saudis dangle before the Ulama of the world. These Ulama fall in the trap and bring untold harm to the Deen. If the Imaam is a musaafir, then it is not advisable for him to lead the Salaat. Nevertheless, the Salaat of the Muqtadis will be valid. They should perform their two raka’ts after the Imaam’s Salaam. However, we have been informed that some of these musaafir imams perform four raka’ts. In this case, the Salaat of the Muqtadis will not be valid.
Q. What should the muqtadi do when the Imaam makes Salaam while he (the Muqtadi) has not yet completed Durood Ibraahim? In many Musjids, it appears that during Taraaweeh, the Imaams/Huffaaz do not recite Durood Ibraaheem or they recite it too fast.
A. It has become an evil trend in most Musjids for the Imaam to make Salaam during Taraaweeh before most of the muqtadis have completed their Durood and Dua. It is not permissible for the Imaams to despoil the Salaat in this manner. Nevertheless the Salaat is valid. The Muqtadis should make Salaam with the Imaam even if they have not completed their Durood.
Q. Our community in Cape Town functions under an Imaam who is a Hajj operator. He was in debt with a local travel agent. He used the monies which he had collected from prospective Hujjaaj. When the travel agent demanded payment for the tickets, etc., the Imaam colluded with the treasurer of our Musjid and he transferred R50,000 of the Musjid’s funds into the account of the travel agency. This was done without the knowledge of the Musjid’s committee. The Imaam was the Chairman of the committee. When the trustees discovered this dishonesty, they removed him from the chairmanship position. The committee asked him to answer for this misappropriation of the Musjid’s funds. The Imaam then called a community meeting where the majority of his supporters were females who were screamingand fighting in his support. When one of the Ulama asked him to intervene and stop his female supporters from behaving in this evil way, he threatened to evict the Aalim. The MJC was called upon to intervene. The Imaam, however, refused to attend any meetings. After a lengthy process between the MJC and the complainants, the MJC arbitration committee retreated into silence for months. Any attempt to receive progress reports from the MJC proved fruitless. This same Imaam recently took a group of 20 females for Umrah without any Mahaareem. Please issue the Fatwa on this situation.
A. A Sahaabi asked Rasulullah (sallallahu alayhi wasallam): “When will it be the Hour (of Qiyaamah)?” Rasulullah (sallallahu alayhi wasallam) replied: “When Amaanah is destroyed.” The Sahaabi said: “How will Amaanah be destroyed?” Rasulullah (sallallahu alayhi wasallam) said: “When affairs (of Amaanah -Trust) are assigned to persons who are unqualified for it, then await the Hour.” In another Hadith, Rasulullah (sallallahu alayhi wasallam) discussing the Signs of Qiyaamah said that Trust Funds will be treated as if it were private property. In other words, those who have been placed in charge of the Amaanah will use and misuse the Trust funds for their own personal and selfish ends. Misappropriation of Amaanah funds is among the worst kind of theft. The Imaam whom you have described, who is also a Hajjoperator/agent, comes fully within the scope of these Ahaadith.
It is truly lamentable and shocking that he had sunk to this level of gross dishonesty and stole R50,000 of the Musjid’s Waqf funds with the active connivance of the Treasurer. The transfer of the Musjid’s funds into the travel agency’s account to make good the R50,000 which the Imaam had misappropriated by having stolen for his own use the monies which prospective Hujjaaj had paid to him for their Hajj journeys is a conspicuous and a despicable haraam act of audacious and reckless theft. The flagrant impunity with which the Imaam stole the Trust funds clearly indicates that he believes that his haraam actions are devoid of consequences in this world and in the Aakhirah. Regarding the misappropriation and theft committed by the Imaam, there are two separate acts of gross dishonesty and theft:
(1) Firstly, the monies which he had collected from the prospective Hujjaaj had to be transferred directly to the travel agency. These funds were Amaanah in his possession. Instead of discharging the rights of the Amaanah, he most despicably stole the money for his personal use.
(2) Secondly, when the travel agent demanded the debt owing to him, the Imaam colluded with the Treasurer of the Musjid’s Committee and constrained him to transfer R50,000 from the Musjid’s Waqf funds to the travel agency’s account.
The audacity and recklessness with which these crimes were perpetrated beggar shock and imagination. Despite the fact that this haraam transfer and theft were committed by the pair of criminals (the Imaam and the Treasurer) without the permission of the Committee, the latter (i.e. the Committee) is not absolved of responsibility. The Committee is guilty of dereliction of duty and is collectively responsible and liable for the loss of the Musjid’s funds. The Imaam’s stunt of calling the women to save his skin will not benefit him in the least, neither in this dunya nor in the Aakhirah. In the Aakhirah is the roasting in Jahannum. His female cronies will roast together with him in Jahannum. In this world there is disgrace and dismissal for this appallingly dishonest criminal. It is incredible that the Musjid Committee continues to retain his services as the Imaam of the Musjid.
The MJC has miserably failed to discharge its duty. Its abstention from instituting action against the Imaam implies condonation of his criminal act of the theft of the Musjid’s money. Nothing better should be expected from Carrion Halaalizers. The act of taking 20 females without any of their mahaarim accompanying them on the Umrah journey is flagrant fisq (immorality). Both the Imaam and the females were constantly travelling under the la’nat (curse) of Allah Ta’ala and His Malaaikah. In view of these extremely grave crimes, dishonesty, fisq and fujoor, it devolves as a compulsory obligation on the Committee of the Musjid to: a. Immediately dismiss the Imaam from the Imaamate position. b. Immediately dismiss the Treasurer who had aided and abetted the Imaam in his crime. c. Institute measures to recoup the Musjid’s funds which the Imaam had stolen. He must be forced to pay back the money. If this fails, the Committee will have to pay.
Let no one cruise away with the idea that they will escape the Wrath of Allah Ta’ala and the Humiliation in Qiyaamah for these vile crimes of dishonesty, theft and misappropriation of the Musjid’s Waqf funds. Neither should the Imaam, nor the Treasurer nor the Committee nor the MJC soothe their conscience with the misconception that these criminal misdeeds can be swept under the carpet, concealed and forgotten. Warning them of the digrace and punishment, the Qur’aan Majeed says: “And, whoever misappropriates (Amaanah) shall produce the object which has been misappropriated on the Day of Qiyaamah. Then every person will be adequately compensated (punished) for what he/she had perpetrated (by way of misappropriation of Amaanah).” (Aal-e-Imraan, aayat 161)
Q. What is the status of trustees who hire out the hall of the Jamaat Khaanah for worship of idols and Hindu functions?
A. The trustees who hire out the Jamaat Khaanah (the hall) for the worship of idols lose their Imaan. They are guilty of kufr. It is the duty of Muslims who perform Salaat in the jamaat khaanah to vehemently object and if possible to dismiss these vile fussaaq trustees who barter away their Imaan for a miserable few rands.
Q. The Committee wants to hire out the top floor of the Musjid for weddings, etc. Is it permissible?
A. It is not permissible to hire out the upper floor of the Musjid as a hall for weddings or for any other function whatsoever. The upper floor is in exactly the same category as the lower floor. It is part of the Musjid proper. Any activity which is not permissible in the lower floor is likewise not permissible in the upper floor. The space above the Musjid as far as the heavens has the same status as the Musjid.
Q. Could you inform us if it is permissible to hire out the upper floor of a Musjid for catering for events such as Nikahs and wedding functions? This has become a major issue here in the UK and the US.
A. According to the Shariah, the space above the Musjid as far as the heavens and the space below the Musjid right into the bowels of the earth are also the Musjid. It is not permissible to conduct any activity in the upper floor of the Musjid in exactly the same way as it is not permissible on the ground floor of the Musjid. A Musjid is Waqf property dedicated exclusively for the Ibaadat of Allah Ta’ala. No portion of the Musjid may be hired out even for a noble purpose such as Hifzul Qur’aan. To a far greater degree will the prohibition apply when the Musjid is hired out for haraam wedding functions. Just as it is not permissible to have wedding function, etc. in the Musjid’s ground floor, so too is it not permissible to have these functions on the upper floor of the Musjid. Wedding functions, even a 100% Shariah- Compliant Masnoon Walimah is also haraam in a Musjid whether on the ground floor or the upper floor.
Q. A paid Imaam is often absent. Some other Musalli then leads the Salaat. What does the Shariah say?
A. The Imaam is guilty of khiyaanat (abuse of amaanat). He is not entitled to payment for the times that he absents himself from the Imaamate. The Musjid’s committee should discuss the issue with the Imaam, and inform him that they are obliged by the Shariah to make deductions from his salary for his absence. Someone else who deputizes when the Imaam is absent does not entitle the Imaam to full pay. It is necessary that the Imaam should understand that in terms of the Shariah, morally, theft of time is in the same class as theft of tangible objects.
Q. Is burning lobaan in the house and Musjid Sunnat? If yes, are there specific days?
A. It is permissible to burn lobaan (incense) in the Musjid and the home. There is reference to it in the Hadith. However, since the people of bid’ah have made it a Waajib practice, we have discontinued it. It may be burnt on any day whether in the Musjid or in the house. But in places where burning lobaan in the Musjid has become a salient feature of the Grave-Worshippers, it should not be adopted.
Q. A Muslim electrician fitted fans in a Musjid free of charge. Two electrical items (controllers) which have been removed are now redundant. However, they are of use to the electrician. Is it permissible to give these items to the electrician?
A. If prior to doing the work it had been agreed to give the controllers to the electrician as a wage for fitting the fans, then it would have been permissible. Now that he has done the work without charging for it, his intention being to obtain thawaab, the controllers may not be given to him. Waqf property may not be given as gifts to anyone. However, someone should buy the controllers, then give them to the electrician. The money should then be used for the Musjid. A fair price should be fixed for the controllers.
Q. A Musalli in anger broke a window in the Musjid. He has repaired the damage and has paid for it. Is it permissible to debar him from the Musjid?
A. No, it is not permissible to prevent him from the Musjid. It is haraam to prohibit him. He should repent for his sin. He has also repaired the damage. His right to enter the Musjid and make ibaadat therein is inalienable.