Fatwā

QUESTION

Is it permissible to accept payment for leading Tarāwih, even if it’s considered a “gift”?

ANSWER

بسم الله الرحمن الرحيم

The question of accept payment for leading Tarāwih is rooted in another, broader question: Is it permissible for an Imam to take payment for leading the prayer? The madhhab diverges, where the carried view forbids it and the other (a strong view in its own right) allows for it. The argument for permissibility lies in that jamā’ah is much like adhān (for which we allow payment according to the carried view) as they are both representative rituals (شعائر) that are typically considered communally obligatory (فرض كفاية). This can be further substantiated by the words of RasūluLlah ﷺ: “The Imam is liable, while the mu’aḏẖin is entrusted.” This statement indicates a heavier responsibility upon the Imam than that of the mu’aḏẖin, which would suggest greater entitlement to remuneration than the latter. The carried view argues that while adhān and imāmah may seem similar from that perspective, they differ in the sense that, looking at the Imam, he is in truth praying his own Salah that is not dependent on anyone else following him. In adhān you find no such element, for it is observed solely to call and alert others.

We note here that our scholars have adopted the view that allows for taking payment for imāmah due to the need for it and aided by the weight to its argumentation. That same need is not, however, found in Tarāwih, and for this reason my late father (رحمه الله) stuck to the carried view that it is impermissible. That is all we can say for contractual payment, which leaves traditional remuneration.

Coming to that second point you raised: Whether customary remuneration can be regarded the same as contractually bound remuneration? Here too the madhhab is split, where all but one of our scholars, al-Qaffāl al-Marwazī, feel that the presupposition of a stipulation on the basis of tradition is not valid and cannot be regarded as an explicit, contractually binding stipulation. It follows that the madhhab would not prohibit the traditional ‘gifting’ of money for the Imams of Tarāwih, as it was not explicitly stipulated, merely expected by tradition.

We must stress however that it will always be better to refuse such gifts, in keeping with the well-known principle of avoiding areas of dispute, especially those wherein the argument oscillates between permissibility and impermissibility. 

وﷲ تعالى أعلم

And Allah knows best

Y Karaan
DUAI Fatwa Department