Law:

Section:

Muhammadan Law   Mosque-Imam-Qualifications of-Office of Imam not hereditary --Particular person cannot be forced on village community as their Imam unless such appointment made by State. "Alfatwa-al-Hindiya" and "Raddul Muhtar" do not lay down law for all time so far as the office of Imam is concerned. It cannot be over-looked that to start with it was the duty of the Caliph to lead the prayers and there is consensus of opinion in "Ahl-i-Sunnat Wal-Jama't" that Caliph is not a hereditary office. The process of election in one form or the other is involved. It is true that for the congregational mosques where 'Juma' prayers are led, 'Imam' is the person whom the 'Ameer' or the 'Ruler' appoints or who is being appointed by a delegatee of the 'Ameer/Ruler'. The 'Khateebs' of the mosques in Pakistan under the Auqaf Department can be cited as an example. But this, however, does not mean that for every mosque the appointment of the 'Imam' is a must and that such an appointment becomes hereditary and the appointee is not in any case liable to removal. Speaking generally, the office of 'Imam' is not known to Muslim law and the matter is governed by the rule laid down in Qaduri. It says "preferable from amongst the people for leading the prayers is the one who is most well versed out of them in the traditions of the Holy Prophet. If all are equal, then the most pious out of them. If all are equal, then the one who is the best out of them in reading the Book of God. It all are equal, then the most aged amongst them. It is not appropriate that a slave or a Fasiq 'should lead the prayers". These preferences would not have been laid down if the office of the 'Imam' was to be hereditary, rather these postulate that whenever people offer prayers they should see right and left and request the one who is the best out of them in the light of the above observa tions, to lead the congregation. Courts cannot be unmindful of the changes of time and it will be indeed an anachronism if a person was allowed to force himself on the, village community as a…