❖ Authority of the Mosque Trustee in Appointing or Dismissing the Imam and Mu'adhdhin
Derived from: “Ahkam wa Masail in the Light of Qur’an and Hadith”, Volume 02
❖ Question
What is the Shari‘ah-based authority of a mosque trustee (mutawalli)? Specifically:- Can the trustee dismiss a janitor or mu'adhdhin who was appointed by mutual consensus of the congregants and is well-liked, merely due to personal animosity or desire for control?
- Can the trustee dismiss an imam who has been leading prayers for a long time and is accepted by the community, without consulting the congregants?
- Is it permissible for the trustee to appoint an imam or mu'adhdhin without community consultation?
❖ Answer
According to Shari‘ah, the trustee (mutawalli) of a mosque has the responsibility to:① Manage the mosque in accordance with Islamic law
② Collect and allocate the mosque's income to its essential needs
③ Appoint the imam and mu'adhdhin
However, these tasks must not be undertaken without consulting the mosque’s congregation (muṣalliyān). Acting unilaterally may cause distrust, discontent, and disputes, which are against the spirit of Islamic governance.
✿ Emphasis on Consultation in Shari‘ah:
Allah commanded the Prophet ﷺ:﴿وَشَاوِرْهُمْ فِي الْأَمْرِ ۖ﴾
“And consult them in matters.” (Qur’an)
Even though it was stated regarding the Prophet ﷺ:
﴿النَّبِيُّ أَوْلَىٰ بِالْمُؤْمِنِينَ مِنْ أَنفُسِهِمْ﴾
“The Prophet is more worthy of the believers than their own selves.”
If consultation was obligatory upon the Prophet ﷺ, despite receiving divine revelation, then for others it is even more essential.
✿ On Dismissing the Imam or Mu'adhdhin:
An imam or mu'adhdhin who is appointed by the community and accepted by them cannot be removed without valid Shar‘i reasons, especially not due to personal dislike or desire for dominance. If removed unjustly, it is an oppression and betrayal of trust.Moreover, the Prophet ﷺ said:
«ثلاثة لا يقبل الله منهم صلٰوة من تقدم وهم له كارهون»
“Allah does not accept the prayer of one who leads people while they dislike him.”
(Narrated by Abu Dawud and Ibn Majah, as cited in al-Muntaqā)
This Hadith is supported by multiple narrations and is further detailed in Nayl al-Awtar:“The disapproval must be for religious reasons, not personal animosity, and it must be from the majority of congregants, not a few individuals.”
Thus, if the congregation is pleased with the imam or mu'adhdhin, the trustee has no authority to remove them without consensus and Shar‘i justification.
❖ The Principle of Consultation:
The Prophet ﷺ also said:«إذا كان أمراؤكم خياركم وأغنياؤكم سمحاءكم وأموركم شورى بينكم...»
“When your leaders are righteous, your wealthy are generous, and your affairs are conducted through mutual consultation, then living on the earth is better for you than beneath it...”
This Hadith emphasizes the virtue of collective consultation and mutual decision-making in all communal matters, especially those related to religious institutions like mosques.❖ Conclusion & Final Ruling:
☞ The trustee is not absolute in authority. Every action — especially appointing or dismissing religious staff — must be conducted with the consensus and consultation of the community.☞ A trustee who acts dictatorially and disregards community input is unfit for the role of mutawalli. Just as an imam not accepted by the community is invalid, so too is a trustee whose actions harm the collective harmony.
☞ If the trustee acts unjustly or disruptively, the congregation should either restrain or remove him in accordance with the Quranic principle:
﴿وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ ۚ﴾
“And cooperate in righteousness and piety, but do not cooperate in sin and transgression.” (Qur’an)
Authored and affirmed by numerous scholars including:Abu Muhammad Abdul Wahhab Multani, Abu al-Hasan Sayyid Muhammad, Maulana Hakim Abu Turab Abdul Wahhab, Abdul Sattar Hassan, Abdul Jabbar, Abdul Salam Barakpuri, Abu Tayyib Shams al-Haqq Azeemabadi, and others
