Removing a mutawalli who gives no account, and the ruling on praying behind him
Question
Question: By the agreement of the worshippers, Bakr was made the mutawalli (trustee) of a mosque. When ‘Umar came to know of it, he came, severely scolded the worshippers, threatened them and said: “I was its mutawalli before, and I am still.” Since ‘Umar is a worldly, wealthy and influential man, the people fell silent, and ‘Umar installed himself as mutawalli.
Answer
If he keeps the management and the accounts correctly and embezzlement (khiyana) is not proven, there is no need to remove him. [Removing him] involves fitna: for when everyone unanimously made Bakr mutawalli, ‘Umar became mutawalli by force through his influence and power, and he shouts [at people] and threatens with the police, so that everyone is afraid — how then will they…
Source: Fatawa Mahmudiyya
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