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Imaam That Is Categorized As A Faasiq In Salaah

Answered according to Hanafi Fiqh by Darulifta Azaadville

Question:

Where I live I have 2 mosques. First one is 3 houses far from me where I hear azaan. The Imam of the Masjid is a Hafiz and one who after giving 3 Talaaq to his wife still lives with his wife without doing Halalah. According to him, his nikah was not broken because he gave 3 talaaq in 1 sitting.

The other masjid is 5 street after me. Because the azaan is given on the loudspeaker I can also hear azaan. The imam there is a Maulana saheb.

My question is:

1. For now I will go to the other masjid which is a bit far from me. May I perform my namaaz behind the Hafiz. Because the other mosque is a bit far and financially it is a bit heavy to go to the mosque by car. I have no other means of transport and the distance is also a bit far on foot.

2. There is curfew in my land, which would make me unable to go to the other mosque. In such a case may I pray behind the Hafiz or should I pray at home?

Answer:

Three Talaaqs issued whether in one sitting or at different intervals are effective and valid. Hence, in the queried scenario, the Hafiz Saheb’s wife will be considered as divorced thrice and be required to separate from him immediately. Obviously, the Hafiz Saheb cannot return to her until she marries another person (after serving her current Iddat if the Iddat of Talaaq hasn’t reached completion as yet) who then either passes away or divorces her for whatever reason. After serving her (second) Iddat at that stage, he may remarry her. 

However, by remaining with her at this stage after issuing three divorces, it will be considered as living in Zina. Such an Imaam therefore falls in the category of a Faajir and Faasiq. It is Makrooh-e-Tahreemi to follow such an Imaam in Salaah. The trustees should therefore dismiss the said Imaam if he is not willing to separate from his wife immediately and resorting to sincere Taubah. However, the Salaah performed behind the Faasiq Imaan will not have to be repeated. 

Now, coming to your query, if it is possible for you to perform your Salaah at the distant Masjid where the Imaam is an Alim, then you should try to perform your daily Salaah there even if it means joining some lift club or riding a bicycle if driving a car to your destination is a costly exercise and beyond your means. If for some reason this too is not possible (due to not being able to get a lift, or weather conditions do not permit, or a curfew is in place) and the only remaining option is to perform Salaah behind the said Hafiz Saheb then you should perform your Salaah behind him and the sin of his actions will be upon him. 

فاسق کی امامت مکروہ تحریمی ہے فاسق وہ ہے جو کبائر کا مرتکب ہو یا صغائر کا عادی ہو – فتاوی رحیمیہ ص۱۶۳ ج۱

اور ایسے امام – یعنی فاسق – کی اقتداء مکروہ  مکروہ تحریمی ہے مگر نماز ہوجائے گی لوٹانا ضروری نہیں ہے – احسن الفتاوی ۲۸۸ ج۳ / محمودیہ ۲۱۱ ج۶  

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

This answer was collected from the official Ifta website of Darul Uloom Azaadville, South Africa. Most of the answers are checked and approved by Mufti Muhammed Saeed Motara Saheb D.B.

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