Our community in Cape Town functions under an Imaam who is a Hajj operator.

Answer

A Sahaabi asked Rasulullah (sallallahu alayhi wasallam): "When will it be the Hour (of Qiyaamah)?" Rasulullah (sallallahu alayhi wasallam) replied: "When Amaanah is destroyed." The Sahaabi said: "How will Amaanah be destroyed?" Rasulullah (sallallahu alayhi wasallam) said: "When affairs (of Amaanah -Trust) are assigned to persons who are unqualified for it, then await the Hour."

In another Hadith, Rasulullah (sallallahu alayhi wasallam) discussing the Signs of Qiyaamah said that Trust Funds will be treated as if it were private property. In other words, those who have been placed in charge of the Amaanah will use and misuse the Trust funds for their own personal and selfish ends. Misappropriation of Amaanah funds is among the worst kind of theft.

The Imaam whom you have described, who is also a Hajj operator/agent, comes fully within the scope of these Ahaadith. It is truly lamentable and shocking that he had sunk to this level of gross dishonesty and stole R50,000 of the Musjid's Waqf funds with the active connivance of the Treasurer. The transfer of the Musjid's funds into the travel agency's account to make good the R50,000 which the Imaam had misappropriated by having stolen for his own use the monies which prospective Hujjaaj had paid to him for their Hajj journeys is a conspicuous and a despicable haraam act of audacious and reckless theft. The flagrant impunity with which the Imaam stole the Trust funds clearly indicates that he believes that his haraam actions are devoid of consequences in this world and in the Aakhirah. Regarding the misappropriation and theft committed by the Imaam, there are two separate acts of gross dishonesty and theft:

(1) Firstly, the monies which he had collected from the prospective Hujjaaj had to be transferred directly to the travel agency. These funds were Amaanah in his possession. Instead of discharging the rights of the Amaanah, he most despicably stole the money for his personal use.

(2) Secondly, when the travel agent demanded the debt owing to him, the Imaam colluded with the Treasurer of the Musjid's Committee and constrained him to transfer R50,000 from the Musjid's Waqf funds to the travel agency's account.

The audacity and recklessness with which these crimes were perpetrated beggar shock and imagination. Despite the fact that this haraam transfer and theft were committed by the pair of criminals (the Imaam and the Treasurer) without the permission of the Committee, the latter (i.e. the Committee) is not absolved of responsibility. The Committee is guilty of dereliction of duty and is collectively responsible and liable for the loss of the Musjid's funds.

The Imaam's stunt of calling the women to save his skin will not benefit him in the least, neither in this dunya nor in the Aakhirah. In the Aakhirah is the roasting in Jahannum. His female cronies will roast together with him in Jahannum. In this world there is disgrace and dismissal for this appallingly dishonest criminal. It is incredible that the Musjid Committee continues to retain his services as the Imaam of the Musjid.

The MJC has miserably failed to discharge its duty. Its abstention from instituting action against the Imaam implies condonation of his criminal act of the theft of the Musjid's money. Nothing better should be expected from Carrion Halaalizers.

The act of taking 20 females without any of their mahaarim accompanying them on the Umrah journey is flagrant fisq (immorality). Both the Imaam and the females were constantly travelling under the la'nat (curse) of Allah Ta'ala and His Malaaikah.

In view of these extremely grave crimes, dishonesty, fisq and fujoor, it devolves as a compulsory obligation on the Committee of the Musjid to:

a. Immediately dismiss the

Imaam from the Imaamate position. b. Immediately dismiss the Treasurer who had aided and abetted the Imaam in his crime. c. Institute measures to recoup the Musjid's funds which the Imaam had stolen. He must be forced to pay back the money. If this fails, the Committee will have to pay.

Let no one cruise away with the idea that they will escape the Wrath of Allah Ta'ala and the Humiliation in Qiyaamah for these vile crimes of dishonesty, theft and misappropriation of the Musjid's Waqf funds. Neither should the Imaam, nor the Treasurer nor the Committee nor the MJC soothe their conscience with the misconception that these criminal misdeeds can be swept under the carpet, concealed and forgotten. Warning them of the digrace and punishment, the Qur'aan Majeed says: "And, whoever misappropriates (Amaanah) shall produce the object which has been misappropriated on the Day of Qiyaamah. Then every person will be adequately compensated (punished) for what he/she had perpetrated (by way of misappropriation of Amaanah)."

(Aal-e-Imraan, aayat 161)