AN IMAAM’S HARAAM FLIGHT TO THE CCMA
QUESTION
An Imaam sahib and his wife were employed at a Jamaat khana to do Imaamat and teach maktab classes during the afternoons. The Imaam sahib and his wife were given an apartment free of rental as well as water and lights at no charge. Over and above they were paid a monthly salary of R11000 between them.
Due to financial difficulties the Imaam sahib’s and his wife’s employment was terminated during March 2021. i.e. about a year ago. The termination of his contract was handed to him in writing and he personally signed receipt thereof.
Thereafter he was asked to pay rental or vacate the apartment. He was constantly reminded of his outstanding rental and water and lights accounts on a monthly basis. However, he has not paid up to today. He continued performing his Salaah at the Jamaat khana. He was told that there was no objection for him to perform any Salaah whenever he was available.
Now, one year later, with the influence of one of the musallees and a Muslim attorney, he has delivered a notice to the committee to appear before the CCMA (governments legal labour dispute authority) with the following demands:
1. Unfair dismissal with the claim that he didn’t receive any notice for his termination of contract and that the signature which appears on the notice of termination of his contract was a forged signature.
2. Twelve months of unpaid salary i.e. R120,000.00 and twelve months of rental to be waived.
Are the above mentioned demands valid in the Shariah?
The committee doesn’t have funds but in the event they are forced by the law to accept this liability, can the musallees or any other potential contributors be approached to contribute towards this liability and can the Imaam sahib be paid with interest money?
ANSWER
This shaitaani imaam’s Imaan is dangling on the precipice of kufr for having run to the kuffaar CCMA to claim haraam money. He is not entitled to one cent in terms of the Shariah.
The evil imaam’s attitude and action advised by the vile musallee are shockingly disgusting. It is haraam to appoint this scoundrel to lead Salaat. If he is leading Salaat elsewhere, the trustees and musallis should be advised to dismiss him. He is not fit to be an imaam. He is a faasiq, a crook and a scoundrel of the worst kind.
With what Imaani conscience can he demand R120,000 haraam money and expect to be paid with Lillah funds? Rasulullah (Sallallahu alayhi wasallam) said that Jahannam has a greater claim over a body which is nourished with haraam.
Should the kuffaar institution order the Committee to pay the haraam money, they can validly and lawfully argue that they have no funds available. They depend on public donations and the community will not contribute to pay the unjust and haraam demand of the faasiq imaam.
While interest may be used to fulfil the haraam demand of the shaitaan, the Committee should not seek even interest to pay him. They should simply argue that they have no funds. This man is unfit to be an Imaam. He is a crook, a fraud and a usurper filling his stomach with the Fire of Jahannam.
21 Sha’baan 1443 – 24 March 2022