The Imamate of a Fasiq: A Khatib Accused of Sodomy

Question

Zayd teaches at a Dar al-Ulum and is also the khatib of the congregational mosque. Bakr is his able student. Zayd commits sodomy (liwata) with him. After Zayd’s vile act became known, Bakr was questioned under oath, and he (Bakr) confessed to this act. Is the imamate of such a khatib permissible according to the Shari‘a? For two years Zayd has been teaching at a Dar al-Ulum, and for one year he has also been the khatib of the congregational mosque. Zayd committed sodomy with several students.

Answer

Answer (1) If these events are true, then appointing such a person as imam is makruh tahrimi until he makes a firm repentance; and if another person fit for the imamate is present, this one should not be made imam — rather, that other person should be made imam.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.