Who can accept compensation for tarawih: a.) the regular Imam, b.) the hafidh called for leading tarawih, or c.) the one who gives correction [sami’]?

Answered according to Hanafi Fiqh by Askimam.org

is it permissible to accept taraweeh wage for?

1.regular imam (hafij also) and leading taraweeh

2.hafij called for leading taraweeh because imam of masjid is not a hafij

3. samai(who listen quaran)

according to masail taraweeh book composed my molana mohd. rafat kasmi it is allowed for case 2 if he is appointed as a naiyab imama.

but what about first case and third.

 

kindly answer as fatwa.

zazakallah

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1. If it is specified that this compensation is being given to the regular, appointed Imam on condition that he finish the Quran [khatm al-quran] in tarawih, then, no, it will not be permissible to give or accept such compensation.

This is due to the principle: “matters [are judged] by their objectives” [al-umur bi maqasidiha] and the objective of having him lead the tarawih is to finish the Quran and it is not permissible to give or take money for this purpose. [i]

However, if there is no such condition and the masjid committee gives the Imam a specified raise for the month of Ramadan or over the course of the year without placing any condition for finishing of the Quran, then it will be permissible.

This is because this specified raise is not for finishing the Quran, so whether the Imam leads himself or another hafidh leads, in both cases it will be permissible for the Imam to take this payment. [ii][iii]

The above ruling is as far as the masjid committee is concerned. As for the people giving money or gifts to the Imam on the occasion of finishing the Quran, as has become a very common custom, then this is not correct.

The Imam cannot accept money or gifts from the people for this purpose as stated by Mufti Ahmad Khanpuri (may Allah preserve him) since “what is known (by custom) is equivalent to what is agreed upon (as a clause)” [al-ma’ruf ka al-mashrut]. [iv]

Only if there is no such custom to give the Imam anything, and no expectation from the Imam that he will get something for leading tarawih will it be permissible to accept money or gifts from the people.

2. No, it is not permissibile to pay a hafidh to lead tarawih even if the Imam of the masjid is not a hafidh. [v]

If a hafidh who will lead tarawih without payment is not found, then in that situation there are two options:

a.) Have the appointed Imam lead from Surah al-Fil, or other surahs he has memorized. [vi]
b.) Some jurists have suggested the following mechanism [heelah]: The hafidh should be appointed as an assistant Imam for the month of Ramadan and given the responsibility to lead one or two salahs daily, then in this condition it will be permissible to give him compensation for this Imamah. [vii]

On the rare occasion where the hafidh leads without determining any payment, and neither is there a custom in that masjid to give the hafidh anything, and neither does the hafidh have any expectation in his heart that he will get something, then it will be permissible to accept  payment or gifts from the people. [viii]

3. No, the one who corrects the Imam in tarawih [sami’] also cannot accept any compensation for his services. [ix]

Mawlana Ashraf Ali Thanvi (may Allah have mercy on him) had initially given fatwa on the permissibility of the sami’ accepting payment [Imdad al-Fatawa, 1:389]. However, he later issued a retraction [ruju’] from this fatwa and consequently, issued a fatwa of impermissibility [Kitab al-Nawazil, 5:137].

This ruling of impermissibility is also corroborated in Ahsan al-Fatawa, therefore, it will not be permissible for the sami’ to accept compensation. [x]

Mufti Sohail ibn Arif,
Assistant Mufti, Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.

مسائل رفعت قاسمي، ٢ – مسائل تراويح ص. ٢٦ [i]

فتاوى محمودية، ١٧/ ٧٦  فاروقية [ii]

كتاب النوازل، ٥/ ١٣٤ [iii]

محمود الفتاوى، ١/ ٤٩٨ [iv]

إمداد الفتاوى، ١/ ٣٧١ – ٣٧٩ [v]

فتاوى عثماني، ١/ ٤٦٠ [vi]

كتاب النوازل، ٥/ ١٤٧ – ١٤٨ [vii]

فتاوى عثماني، ١/ ٤٦٢ [viii]

كتاب النوازل، ٥/ ١٣٧ [ix]


أحسن الفتاوى، ٣/ ٥١٦ [x]

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