Shaykh
Ibn Baaz (may Allah have mercy on him) stated:
One
of the conditions of being an Imaam is that the Imaam must be a Muslim. The scholars differ on whether uprightness is
a condition the Imaam must fulfill or it is valid to perform prayer behind a
defiantly disobedient person (faasiq).
There are two views among the scholars. The correct view is that prayer is
valid behind a defiantly disobedient person if he is a Muslim. However, it is
not good to appoint a defiantly disobedient person when a better person is
available. In fact, it is necessary for those in charge of affairs (the
leaders) to make enquiries about the Imaam [before appointing him] in order to
ensure that he is an upright Muslim, good in character and deeds because he
will be emulated.
As
for the person who visits graves in order to invoke its inhabitants, or seek
succor from them or ask them to cure the sick and grant him for victory over
the enemies [or practices fortune telling and sacrifices to the jinn], such a person
is not a Muslim. He is a Mushrik
(polytheist) because calling upon the dead, seeking aid from them, [fortune-telling
and performing sacrifice to the jinn] are forms of kufr (disbelief) in Allaah. Therefore,
it is not permissible to appoint him as
an Imaam or observe prayer behind him. If the Muslims cannot find another
masjid, they should pray before or after him; they should pray in the same
masjid he prays. But it should be after him or before him. If it is possible to
remove him, it is obligatory to remove him. But if it is not possible, the
Muslims should wait for the prayer of this Mushrik
Imaam and his followers, and thereafter they should observe theirs or they should
precede them [to the masjid] when it is time to pray and pray before them if
that is possible…
Source:
Fataawaa Noor ‘alaa ad-Darb by Shaykh
Ibn Baaz (may Allaah have mercy on him)
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