Is it permissible for the owner of a mosque to dismiss his regular imam for a legal defect, and is it permissible for this imam to lead the people in prayer when they dislike him?
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Al-Huwaini: May Allah reward you. In another issue regarding this sameThe Shaykh : , he is one of his followers or imitators, those who claim to follow his path. Naturally, he was leading as a regular imam in a mosque. When this became apparent from him, the mosque owner tried to remove him and appoint another regular imam. But he refused and insisted on leading the prayer by force, even though everyone disliked praying behind him. He knew that they disliked praying behind him, but he persisted in doing so based on the fatwa of his shaykh, so that he would have a mosque through which he could call people to his methodology.
The Shaykh: Glory be to Allah!
Al-Huwaini: He says that the meaning of you removing him from the imamate is that you are defaming him, and he did not leave. So, is it true that if a man is appointed as a regular imam, and the mosque owner wants to remove him and put another man in his place, is this considered a defamation of him? And is it permissible for him to hold onto the imamate while the people dislike him?
The Shaykh: That is not considered a defamation of him in the first place, and it is not permissible for him to lead the people in prayer when they dislike him. The hadith on this matter is authentic and explicit, and it does not accept discussion. But these are the desires that vary and manifest even among the callers to the Sunnah. We advise this man to be far from being stubborn in his opinion. The mosque owner has the authority. The Messenger (peace and blessings be upon him) said:Sunan an-Nasa'i 783Sahih (Darussalam) . So the mosque owner has the right to lead, and if he sees that he is not qualified for the imamate, that would be from his generosity and his acknowledgment of the truth. Therefore, he delegates and appoints another to lead the people in this mosque. He has the authority to appoint whom he wishes and to remove whom he wishes. There is no doubt that it is obligatory for him to also adhere to the Shari'ah of Allah in his own conduct, so he does not appoint an innovator as imam for this mosque, nor an ignorant imam, but rather as he (peace and blessings be upon him) said: Jami` at-Tirmidhi 235Sahih (Darussalam) to the end of the hadith.
So he chooses from among those he knows who is the most proficient in recitation and the most knowledgeable of the Sunnah. So he has the right to dismiss this imam or another, and to appoint in his place someone he sees as qualified for the imamate, first, and to prevent the gossip and talk about that imam, second, who has become disliked by his congregation whom he leads in their prayers. This is my opinion.
Al-Huwaini: He says, our shaykh, meaning when he was told to leave it for the sake of Allah to unite the hearts of our brothers, he said, "I am holding onto it for the sake of Allah as well." Is there a basis for this?
The Shaykh: There is no basis for that.
Al-Huwaini: There is no basis for it.
The Shaykh: Never.
The Shaykh: Glory be to Allah!
Al-Huwaini: He says that the meaning of you removing him from the imamate is that you are defaming him, and he did not leave. So, is it true that if a man is appointed as a regular imam, and the mosque owner wants to remove him and put another man in his place, is this considered a defamation of him? And is it permissible for him to hold onto the imamate while the people dislike him?
The Shaykh: That is not considered a defamation of him in the first place, and it is not permissible for him to lead the people in prayer when they dislike him. The hadith on this matter is authentic and explicit, and it does not accept discussion. But these are the desires that vary and manifest even among the callers to the Sunnah. We advise this man to be far from being stubborn in his opinion. The mosque owner has the authority. The Messenger (peace and blessings be upon him) said:
A man should not be led in prayer in his place of authority
لا يؤم الرجل في سلطانهThe one who recites most of the Book of Allah is to lead the people (in prayers). If they are equal in recitation, then the most knowledgeable in the Sunnah among them.
يؤم القوم أقرأهم لكتاب الله ، فإن كانوا في القراءة سواء ، فأعلمهم بالسنة ..So he chooses from among those he knows who is the most proficient in recitation and the most knowledgeable of the Sunnah. So he has the right to dismiss this imam or another, and to appoint in his place someone he sees as qualified for the imamate, first, and to prevent the gossip and talk about that imam, second, who has become disliked by his congregation whom he leads in their prayers. This is my opinion.
Al-Huwaini: He says, our shaykh, meaning when he was told to leave it for the sake of Allah to unite the hearts of our brothers, he said, "I am holding onto it for the sake of Allah as well." Is there a basis for this?
The Shaykh: There is no basis for that.
Al-Huwaini: There is no basis for it.
The Shaykh: Never.
Source
www.al-albany.com
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