Mufti Online — Madrasah Ta'leemuddeen

Appointing a responsible person to be the ameer

· 9 Shaʻban 1435 AH1 min readEnglish

Question

I have read a fatwa by a Mufti who said that Ibn Abideen in his Radd al Muhtaar said that those who manage the affairs of the mosques must be free of Fisq (Ie - they cannot be a Faasiq). Does the same rule apply generally? Ie - do those who are managing the affairs of the Muslims in another capacity also need to be free of fisq? For example - Can an ameer of a da'wah organisation be a Faasiq or must an 'aadil person be ameer? I was taught this but we studied a Maaliki book and I wanted to know the Hanafi position. Can I also request references inshaa Allah because I would like to incorporate this rule into our constitution.

Answer

Before appointing any person upon any Deeni position, one should see whether the person is capable to manage the affairs of that position and is worthy in the eyes of Shari'ah. Naturally if he is an open transgressor and sinner of the laws of Shariah, appointing such a person to manage the affairs of Deen will be impermissible.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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