Here in Lusaka, Zambia we have a committee which is elected by the people every two years. The committee supervises the running of musjids, madressahs, kabrestaans etc through sub-committees which they appoint. One sub-committee is of musjid mutwalis. We will be grateful if you give detail explanation of musjid mutwalis duties, imaamat, maintenance etc. 1. If the mutwalis who are not aalims but pious people does make some kind of mistake or does something wrong can the committee tell them anything or correct them? 2. Can the mutwalis tell the imaam how to lead the salaat? 3. Is it necessary to get people’s opinion before adjusting salaat time? Please give detail information..
It is not necessary to take the opinions of the local before adjusting any Salaat time. However, if bringing forward or delaying the Salaat will result in a larger congregation, then it should be given due consideration, when fixing the time for Jamaat in the Musjid.
The adjustments should be made within the Mustahabb time of that particular Salaat and no Salaat should be delayed until the Makrooh time. Kindly refer attached
and Allah Ta’ala Knows Best
for: Mufti Ebrahim Desai
FATWA DEPT.
Prepared under the auspices of: Sheikhul Hadeeth Hadbrat Moulaana Fazlur Rahman Saheb
ADVICES TO THE TRUSTEES (MUTAWALLIS) OF THE MASJIDS
It is not permissible to assume the post of mutawalli for the sake of honour and self-esteem. If one takes up this responsibility with this intention, then he would have indulged himself in such a calamity, from which it would be impossible to attain salvation in the hereafter. To assume the responsibility of mutawali it is imperative for one to possess the required qualities and capabilities. If one lacks these, it is advised that he relinquish this sacred duty and entrust it to those more able and deserving.
A mutawalli must comply with the following conditions:
1. He must have the right of trusteeship. This right, in sequence of priority, goes first to the person who made the endowment (waqf). Second is the person appointed by the endower himself. Next is the Muslim ruler or the appointed Muslim governor of the district. Thereafter this right rests with the Muslim Judge (Qaadhi), then finally with the person whom the inhabitants of the locality choose. (Shaami, Book of Waqf – Page 384 / Vol. 5)
2. He must be a sane Muslim.
3. He must be well acquainted with the regulations pertaining to endowment and trust (waqf).
4. He must have a practical and theoretical knowledge concerning the affairs of managing the endowment (waqf). (Durrul Mukhtaar & Shaami) This means that he should not be so ignorant as to be unable to differentiate between a capable and non-capable candidate for appointment as lmaam or Muazzin. It should not be that he fails to consult learned people and disassociate himself from senior Ulama in related matters. He must also not be so busy that he is unavailable to attend to the affairs of the trust.
5. He must be a trustworthy person, taking care not to misappropriate a single cent.
6. He must not involve himself in such futile engagements wherein people destroy their wealth, like gambling and bribery.
7. He must be an “Allah-fearing” and pious person – not a faasiq, i.e. an open sinner who indulges in major sins such as drinking, adultery, dealing in interest, shaving the beard, neglecting salaah, discarding the fardh salaah with jamaat (congregation), acquiring livelihood by unlawfw means, etc. Thus, if any trustee is found to be involved in such actions it will be incumbent (waajib) to dismiss him from office, even though he may the endower himself. (Durrul Mukhtaar with Shaami , Vol 5 – Pg. 385)
8. He should not be one who requested for the position as a trustee.
If any close relative of the endower complies with the above conditions he should be appointed as a trustee. However, if all these qualities are not found in any individual then such a person cannot be a mutawalli nor can he be appointed as one, since this will constitute an act of sin.
THE MUTAWALLI’S OBLIGATION TOWARDS THE MASJID
1. He should safeguard the income and property of the Masjid, meeting the necessary expenses and avoiding unnecessary expenditure. These days funds are generally squandered on expenses which have no importance in the shariah, but are merely spent because unenlightened trustees deern them to be imperative. These people should fear Allah, for on the day of Qiyaamah they will be accountable for every cent. The mutawallis of the masjid must take the onus upon themselves to consult the Ulama, at the first opportunity, regarding the detailed rulings pertaining to these expenses and the running of the masiid in general.
2. He must keep a proper record of all the income and expenditure of the masjid.
3. According to the best of means, a proper Imaam must be appointed. If however, instead of a competent person, an unfit and inefficient person is appointed to serve the community and deen at large then the warning sounded in the following Hadith should be heeded to : It is narrated that whosoever appoints someone to a post whereas within his sphere of influence there are more deserving persons, he has betrayed Allah, His Nabi (Sallallaahu Álayhi Wasallam) and the Muslims in general. (Fathul Qadeer)
4. He must appoint such a Muazzin who is well acquainted with the times of Salaah (and the correct pronunciation of the azaan).
5. He should give due priority to the maintenance of the masjid building as well as it’s other associated facilities. Security should also be given due consideration.
6. Cleanliness, lighting and water facilities must also be adequately arranged.
7. It is of paramount importance for the Mutawalli to ensure the performance of the five daily salaah in congregation and always strive towards increasing the number of musallis (in the masjid). Each mutawalli must look sincerely into these duties and exert his utmost efforts towards achieving these ends.
It is noticed that the mutawallis of the various masaajid usually do not fully discharge their responsibilities, hence becoming sinners. Special care must be exercised in the appointment of an Imaam, because due to any. shortcomings in this regard, thousands more will mushroom which can lead the Muslims to deviation.
If someone is an Imaam it does not entitle his son to the same. Since Imaamat is not a legacy, the most competent and deserving person should be appointed.
(The following are the cardinal requirements for an Imaam
1. He should be wed versed in relevant masaa’il Pertaining to Imaamat and salaah).
2. He must have mastered tajweed rules (to facifitate correct recitation of qiraat in salaah).
3. He should adhere to the faraaidh, waajibaat, sunnah and mustahabaat.
4. He must refrain from haraam and makroohaat. )
If the correct choice of an Imaam cannot be made, a reliable Aalim should be asked to interview a potential candidate. To use only a beautiful voice as a yard-stick in choosing an Imaam is pure ignorance. However, if together with the above cardinal requirements, the Imaam also possesses a beautiful voice then this will be an added asset.
Once the right Imaam has been appointed, due respect must be shown to him. He must not be considered as a personal subordinate of the mutawalli. He is the leader and should be followed. This should always be kept in mind. Such a salary should be stipulated for him that will enable him to lead a decent and peaceful fife. Stinginess should never be shown with regard to this issue. If there is a need, other expenses should be curtailed but a low and unreasonable salary should never be given to the Imaam or Muazzin. If negligence prevails, it should be borne in mind that man is often forced to fidffii his basic needs by other means. The Muslim jurists (rahimahumullah) have stated that if somebody commits himself to the service of a community, it is waajib upon them that they meet his expenses.
When the Imaam stands up to reform the masses, it is incumbent upon the mutawallis to jointly shoulder the cart and assist him to achieve his religious goal. In the event of the ignorant public raising objections and undue criticism against the Imaam. It is the duty of the mutawallis to stop them. If people disapprove of his propagation of the truth and the musallis decrease, they should first be made to understand. If they persist (in their disapproval) then they should be ignored, because it is better to have a few abiding to the sunnah and shariah rather than a deviated crowd.
If any Imaam does anything contrary to the shariah or introduces innovations, then he should be dismissed. The Imaam ‘must have freedom of expression, he should never be hindered by the mutawallis. Some mutawallis dislike and are offended by the Imaam’s mentioning of any vices or faults in which they are involved, thus they prevent the Imaam from such lectures. Such an attitude leads to severe sins. They will also be considered amongst those subjected to the severe warnings given in the following aayaat: “They prevent others_from the path of Allah.’
‘Who can be more unjust than he who prevents the name of Allah been taken in the house of Allah.’
The mutawalli should never interfere in the Imaam’s ibaadat, lectures and religious services. According to the shariah the mutawalli has no right of intervention. His responsibility is to see to the proper maintenance and functioning of the masjid, as mentioned above.
If the mutawalli adopts and adheres to the above mentioned advices, with a true spirit, then it is highly believed that he will be amongst the good-named mutawallis in the hereafter and be absolved of the great responsibilities which he shouldered. He will be justly rewarded, Inshaa-Allah.
( The above has been extracted from the book – Khutbaat-e-Mouizat)
TRUSTEES OF MUSJIDS
Perhaps it is due to this sad state of affairs that we observe that such people are appointed as trustees who possess wealth and power, even though they do not perform a single Salaat in the Musjid. The result of this is, that daily we find disputes and quarrels in the Musjid which leads to court-cases and non-Muslim judges passing judgement in matters of religion. In reality as the Imaamat of the Musjid is handed to the Ulama, in the same way the trusteeship of the Musjid should also be in the control of learned and pious people, who are divinely discharged to lead the Ummah. The Qur’aan bears testimony to this issue in these words:
“He only shall tend Allah’s sanctuaries who believe in Allah and the last day, and observes proper worship and pays the poor due, and fear none but Allah.” (Surah Tawbah 18.)
It is incumbent upon the residents of locality to remove a dishonest Mutawalli (Trustee) from office otherwise they will be guilty of sin. It is incumbent upon the residents of a locality to remove a dishonest Mutawalli (Trustee) from office, otherwise they will be guilty of sin. (Fatawa Khairiyyah)
Hadhrat Ibn Abbas Radhiallahu anhu narrated that Rasulullah Sallallahu alayhi wasallam said: “He who appoints a man in charge of the affairs of Muslims whilst in that Community there is a Person more versed in the Quraan and Hadith has betrayed Allah, His Messenger and the Muslim community.” (Izalatul Khifa)
“It is not permissible to appoint a Faasiq as a Mutawalli.” (Fatawa Ibn Taimiyyah)
“To appoint an ignorant and a Faasiq person to a position of Trust (e.g. Mutawalli) is to show honour to him whereas the Shariah has prohibited the honouring of Fussaq (rebellious and shameless sinners).” (Shami)
Rasulullah Sallallahu alayhi wasallam said: “When positions of Trust are handed unqualified (Islamically) persons then await the to Final Hour.” (Bukhari Shareef)
DECLARING MUSJIDS NATIONAL MONUMENTS
One of the tragedies of the present times prevalent in many countries especially in communist countries, and parts of India is the law declaring Musjids national monuments and locking them up, due to which either those Muslims are completely neglected and deserted, or they are visited by tourists, and the performance of prayers and recital of the Quraan is prohibited therein, whereas Musjids are dedicated for the worship of Allah and they cannot be used for any of the above purposes. Stopping the devotees from praying and reciting the Quraan is tantamount to the crime of demolishing the Musjid.
It is mentioned in the Quraan: “And who doeth greater wrong then he who forbiddeth the entry to the sanctuaries of Allah, lest his name should be mentioned therein, and striveth for their ruin? As for such it was never meant that they should enter them except in fear. Theirs in the world of Ignomirny and theirs in the hereafter is an awful doom.” (Surah Baqarah: 114)
The commentators have interpreted “striveth for their ruin” to mean all forms of obstruction, desertion and neglect.
Allama Raashid Rada Misri Rahmatullaahi alaih writes that the meaning of the above verse is to stop or obstruct the worship, remembrance of Allah in any form.
>From the above it is concluded that declaring Musjids national monuments is tantamount to stopping the worship of Allah therein, and cannot be tolerated under any circumstances.It should also be remembered that a Musjid built on proper endowed (waqf) ground with the spirit of sincerity and piety will always remain a Musjid, and it will always be used only for the worship, remembrance and glorification of Allah and it will not be used for the worship of anything besides of Allah, as the Qur’aan says:
“These Musjids are for Allah so do not call upon anyone besides Allah therein” (Surah Jinn)
It is not permissible for Muslims to withdraw and relinquish their rights over a Musjid and allow it to be declared a national monument and used for the purpose of tourist attractions, or to exchange a musjid for another place because the house of Allah cannot be sold, exchanged, locked, demolished, or changed into any other type of building.
[ The Musjid – It’s Role and Etiquette ]