Question:

Assalamualaikum ustaz. What is the ruling of a person who follows the imam who commits sins and is a hypocrite? Hope for an explanation.

Answer:

Waalaikumussalam wrt. wbt.,

Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.

In answering the above question, we’ll start with the discussion regarding the criteria of an imam. This is based on a hadith from Abi Mas’ud Uqbah bin Amru al-Badri al-Ansari, he said: Rasullullah PBUH said:

ؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللَّهِ وَأَقْدَمُهُمْ قِرَاءَةً فَإِنْ كَانَتْ قِرَاءَتُهُمْ سَوَاءً فَلْيَؤُمَّهُمْ أَقْدَمُهُمْ هِجْرَةً فَإِنْ كَانُوا فِي الْهِجْرَةِ سَوَاءً فَلْيَؤُمَّهُمْ أَكْبَرُهُمْ سِنًّا

“The one who is well-grounded in Allah’s Book and is distinguished among them in recitation should act as; Imam for the people. and 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; If they emigrated at the same time, then the oldest one in age.” [1]

Thus, it is greatly encouraged for an imam to have characteristics such as being knowledgeable, eloquent in recitation, pious and older than them. When these characteristics are present in an imam, then praying behind him is more prioritized and its rewards are hoped for.

While among the imam of whom it is makruh to follow is the people of bid’ah and fasiq (those who are known to sin). However, if two situations collided; which is prioritized; praying alone or in congregation with the people of bid’ah or fasiq, there are differing opinions for this. Imam Ibn Hajar al-Haitami stated that it is prioritized to pray alone, while Imam al-Ramli said praying in congregation with them is prioritized. [2]

The above hadith also clearly explains the general criteria for a person to be the imam in prayer as stated by the Prophet PBUH. This is as explained in fiqh books, among the conditions as an imam are: Islam, reached puberty, sane; good recitation; doesn’t experience incontinence and pure from hadas. These are the priorities in choosing an imam.

The following is the order of eligibility of a person to be the imam when the specific or mosque-appointed imam is not available according to Ibn Naqib al-Masri in his book Umdah al-Salik (128):

• The most faqih (knowledgeable and understands) the rulings of Islam’s shariah, especially in matters related to the validity of prayer and others.
• Has the best Quran recitation.
• The most warak (those who avoid syubhah (doubtful matters))
• The earliest to migrate to the Islamic government of Medina and his progeny.
• The earliest to embrace Islam.
• The most honoured in terms of his lineage following the order starting from Bani Hashim, Bani Muthalib, followed by Quraisy, then the Arabs, it is prioritized that a pious and knowledgeable child from the above-stated lineage.
• The best in character and conduct.
• The cleanest body and clothing.
• The most euphonious voice.
• The best in appearance.

The Definition of Fasiq

The word fasiq originates from the word ‘فسَق يَفْسِقُ ويَفْسُقُ فِسْقاً وفُسوقاً’. Ibn Manzur stated: “Al-Fisq is disobedience and neglecting the commandments of Allah Azza wa Jalla and deviating from the road of truth.” [4]

The terminology fasiq means a person who commits major sin or continuously commits minor sin. [5]

Imam al-Syaukani cited the opinion of Imam al-Qurtubi who said: “As for fasiq it is generally used in shariah as: (The action that causes) transgressions against obedience towards Allah SWT. Sometimes the act can cause disobedience and be considered as sins.” [6]

This is as stated in a hadith, the Prophet PBUH said:

سِبَابُ الْمُسْلِمِ فُسُوقٌ، وَقِتَالُهُ كُفْرٌ

“Abusing a Muslim is Fusuq (evil doing) and killing him is Kufr (disbelief).” [7]

Ibn Battal when commenting on this hadith said, it is prohibited to abuse a Muslim, for the dignity of a Muslim is protected (prohibited from being disgraced) the same as his blood and property are prohibited. An Islamic legal maxim states:

الأَصْلُ بَرَاءَةُ الذِّمَّةِ

“A person’s dignity is originally pure (free from claims and burdens).” [8]

Following a Fasiq and Hypocrite Imam

Coming back to the above issue, it is permissible to follow such an imam but it is makruh. From Anas RA, he said:

لَعَنَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثَلَاثَةً: رَجُلٌ أَمَّ قَوْمًا وَهُمْ لَهُ كَارِهُونَ، وَامْرَأَةٌ بَاتَتْ وَزَوْجُهَا عَلَيْهَا سَاخِطٌ، وَرَجُلٌ سَمِعَ حَيَّ عَلَى الْفَلَاحِ ثُمَّ لَمْ يُجِبْ

“Allah’s Messenger cursed three people: A man who leads people (in Salat) while they dislike him, a woman who spends a night while her husband is angry with her, and a man who hears: ‘Hayya Alal Falah (come to success)’ then does not respond.” [9]

Consequently, an imam should be those who fulfil the conditions regardless of whether it is the valid or prioritized conditions. We cite the hadith from Ibn Mas’ud RA as explained at the beginning of the discussion, where Rasullullah PBUH said:

يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللَّهِ فَإِنْ كَانُوا فِى الْقِرَاءَةِ سَوَاءً فَأَعْلَمُهُمْ بِالسُّنَّةِ فَإِنْ كَانُوا فِى السُّنَّةِ سَوَاءً فَأَقْدَمُهُمْ هِجْرَةً فَإِنْ كَانُوا فِى الْهِجْرَةِ سَوَاءً فَأَقْدَمُهُمْ سِناً

“The one of you who is most versed in God’s Book should act as imam for the people; but if they are equally versed in reciting it, then the one who has most knowledge regarding the sunna; if they are equal regarding the sunnah, then the earliest of them to emigrate; if they emigrated at the same time, then the oldest of them.” [10]

Here, we cited the statement from Imam Nawawi in the book al-Majmu’ that states: Ibn Umar pray behind Hajjaj bin Yusuf as the imam is thabit in Sahih al-Bukhari and others in al-Sahih and numerous hadiths show the validity of praying following a fasiq person and tyrant ruler.

Our ashab said: Prayer with a fasiq as the imam is valid and it isn’t prohibited. However, it is makruh. Likewise, it is makruh to pray with a person of bid’ah as an imam of which his bid’ah doesn’t reach to the level of disbelief. If it reaches the level of disbelief, then as we’ve explained, the prayer following a disbeliever as the imam is invalid.

Imam al-Syafie has stated in al-Mukhtasar regarding the makruh ruling of praying with a fasiq and mubtadi’ imam. However, if it is performed then the prayer is valid.

Conclusion

According to the above question, we divide the fasiq issue into two;

First, according to our analysis, there are evidences that show fasiq can lead to disbelief. If it reaches this level, then praying behind him is invalid if the makmum knows of this matter.

Second, if the fasiq doesn’t lead to disbelief, then it is not an offence to pray behind him but it is makruh and this is worsened in a situation where there is an imam who isn’t fasiq.

After studying the prophetic evidences, they clearly show that we should make a person with the best criteria, pious and aslah compared to others as the imam. In a hadith narrated from Abu Mas’ud al-Ansari, Rasulullah PBUH once said:

يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللَّهِ وَأَقْدَمُهُمْ قِرَاءَةً فَإِنْ كَانَتْ قِرَاءَتُهُمْ سَوَاءً فَلْيَؤُمَّهُمْ أَقْدَمُهُمْ هِجْرَةً فَإِنْ كَانُوا فِي الْهِجْرَةِ سَوَاءً فَلْيَؤُمَّهُمْ أَكْبَرُهُمْ سِنًّا وَلاَ تَؤُمَّنَّ الرَّجُلَ فِي أَهْلِهِ وَلاَ فِي سُلْطَانِهِ وَلاَ تَجْلِسْ عَلَى تَكْرِمَتِهِ فِي بَيْتِهِ إِلاَّ أَنْ يَأْذَنَ لَكَ أَوْ بِإِذْنِهِ

“The one who is well-grounded in Allah’s Book and is distinguished among them in recitation should act as; Imam for the people. and 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; If they emigrated at the same time, then the oldest one in age.” [12]

May Allah SWT make us from those who truly believe and have taqwa as well as safe from acts that lead to fasiq. We end with the supplication:

اللَّهُمَّ أَرِنَا الْحَقَّ حَقًّا، وَارْزُقْنَا اتِّبَاعَهُ، وَأَرِنَا الْبَاطِلَ بَاطِلًا، وَارْزُقْنَا اجْتنِاَبَهُ، وَلَا تَجْعَلْهُ مُلْتَبِسًا عَلَيْنَا فَنَضِلَّ، وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا

“O Allah! show us the truth as true, and inspire us to follow it. Show us falsehood as falsehood, and inspire us to abstain from it and don’t make us from amongst the confused that we are led astray. And make us from amongst us those with taqwa as our leaders.”

Wallahu a’lam.

[1] Narrated by Muslim (613)

[2] See al-Taqrirat al-Sadidah Qism Ibadat, pg. 308

[3] See Umdah al-Salik, 128

[4] See Lisan al-‘Arab, 10/308

[5] See Hasyiyah al-Qalyubi wa ‘Umairah ‘ala Syarh al-Mahalli, 3/227

[6] See Tafsir Fath al-Qadir, 1/583

[7] Narrated by Bukhari (7076)

[8] See al-Asybah wa al-Naza’ir by Ibn Nujaim, pg. 59

[9] Narrated by al-Tirmizi (358)

[10] Narrated by Muslim (613)

[11] See al-Majmu’ Syarh al-Muhazzab, 4/151

[12] Narrated by Muslim (613)