The Imamate of a Fornicator

Question

[I] saw a certain respected hafiz committing fornication (zina) and admonished him, but he does not give up this evil deed. I have also told him many times: “Do not lead the prayer; prayer behind you is not valid.” Therefore I request from you a written fatwa on this matter, so that I may show it to the respected hafiz; and four men are witnesses to it.

Answer

Zina is established by the fornicator’s confession or by the testimony of four trustworthy eyewitnesses; without that it is not established. If there is Shari‘a proof and the imam has not repented, then his imamate is makruh tahrimi when [someone] more fit for the imamate than him is present.

Source: Fatawa Mahmudiyya

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