The founder of a mosque is more entitled to appoint the imam
Question
Question: Is Durr al-Mukhtar, Shami, a book of the Hanafi madhhab? In the third part of this book, in the Book of Waqf, it is written: [ar]الباني للمسجد أولى من القوم بنصب الإمام والمؤذن في المختار، إلا إذا عيّن القوم أصلح ممن عيّنه الباني؛ لأن منفعة ذلك ترجع إليهم[/ar] “The founder of the mosque is more entitled than the people to appoint the imam and the muezzin, according to the preferred view, except when the people designate someone more righteous than the one the founder designated, because the benefit of…
Answer
Yes, this is a book of the Hanafi madhhab. The meaning is that it is more appropriate that the one who built the mosque should designate the muezzin and the imam in that mosque. However, if those who pray there designate a person who has greater merit and competence, then preference will be given to him, because the benefit and advantage of designating the more righteous and…
Source: Fatawa Mahmudiyya
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