Imaamat of an individual who has illicit conversations

Assalamu Alaykum Respected Mufti Sahib

What is the ruling of Shariah regarding the Following?

A certain Sunni Aalim was approached for treatment by a Muslim Female with the permission of her husband. After arriving at their home, the Aalim asked to speak to the women in private, he then told her the treatment will be as follows, he will have to tie a string on his private part and she will have to tie a string on her navel area, and then they both will become intimate with each other.
The next day the Muslim female phoned this Aalim whilst in the presence of four Men (Including her Husband) and the Mobile phone was on loud speaker and she said that she cannot go ahead with this type of treatment, he confessed by saying that he did this with a doctor and his wife previously and that the treatment was successful. He again over the phone conversation informed her that the treatment will be as follows, he will have to tie a string on his private part and she will have to tie a string on her navel area, and then they both will become intimate with each other.

This entire conversation over the mobile phone was recorded.

A ruling was requested from a certain Mufti regarding the above issue.

The question to the Mufti was as follows; What is the ruling regarding this Aalims Imaamat, Lectures and Jummah Khutba?

The Mufti’s response was that this Aalims Imaamat is not permissible. He should be suspended until proven innocent.

We require the Shariah ruling on the following; Is this Muslim Female’s testimony sufficient in the law of Shariah?
Is the recorded mobile conversation between the Muslim Female and the Aalim a valid proof in the law of Shariah?
Is this suspension life long, if the Aalim cannot prove his innocence?
What is the view of Shariah regarding this Aalim?

Answer

Wa Alaykum Al-Salam

Any person who intends such acts and speaks such disgusting conversations with any female is a fasiq as Alaa Hazrat has mentioned in Fatawa Rizwiyyah in the chapter of Haj and our Jurists have established in our authentic books. Such person must repent and prevent himself from such in the future. He will be dismissed from Imamah until a certain period of time in which it becomes apparent that he has remained steadfast upon his repentance and has become a changed person. In Fatawa Alamghiri and various other books it says, “The repentance of a sinner is not accepted until a certain period of time has passed in which the affect of his repentance has become apparent”.

The duty of a Mufti or a Naaqil is exempt from researching an incident and reaching its reality. His duty is to simply answer what has been asked. For such incidents, confession or witnessing is necessary. The witnessing (Shahadah) of a single female to establish a ruling on a specific individual as in the question is not sufficient. A conversation over the phone is also not sufficient evidence for surely it is a condition for the witness to be present in the place of the incident.

The answer to every question is in the above two paragraphs.

And verily Allah knows best.

Wa Al-Salamu Alaykum,

Zahid Husain Al-Qadri
(Beggar at the doorstep of Scholars)