Question:

What do the scholars and experts of shari’ah say regarding a non-Muslim becoming a trustee of an Islamic organisation or mosque? Is this permissible?

Answer:

All praise is due to Allah ﷻ, and peace and blessings be upon His Messenger, Prophet Muhammad ﷺ. The management and leadership of Islamic affairs, especially related to religious organisations such as mosques and Islamic centres, are entrusted to Muslims. This is because Muslims understand and practice the teachings of Islam, which is crucial for making decisions that align with Islamic principles. The role of a trustee in an Islamic organisation involves managing community resources and making decisions that reflect Islamic values.

Trusteeship in Islam is a serious responsibility. It involves safeguarding the interests and resources of the community. Allah ﷻ commands the believers in the Qur’an to fulfil trusts and act justly. Allah ﷻ says: “Allah commands you to return trusts to their rightful owners, and when you judge between people, be just, Allah reminds you gently! Allah is the Hearer, the Seeing.” (Surah Al-Nisa:58)

This verse emphasises that trustees must act with integrity and fairness, which is why it is important that those appointed as trustees understand Islamic principles.

Non-Muslim Trustees in the Context of Islamic Organisations

The Shari’ah does not allow non-Muslims to serve as trustees of Islamic organisations, particularly when it comes to making decisions on religious matters. This is because a non-Muslim might not fully understand or respect the Islamic legal and ethical guidelines that are important in religious contexts. However, in some cases, such as in non-Muslim countries where local laws might require a non-Muslim trustee, it may be allowed as a temporary measure. This is based on the Islamic legal principle: ‘Al-Darurat tubih al-Mahzurat.’ Necessity makes the prohibited permissible.

This principle means that in certain circumstances, exceptions can be made if the harm of not making an exception is greater than the harm of allowing it. Therefore, if a non-Muslim is appointed as a trustee by law, it may be permitted, but it should be done with certain conditions to ensure that the role does not overstep Islamic boundaries.

Conditions for a Non-Muslim Trustee

1. Prioritising the interests of Muslims:
   The non-Muslim trustee must ensure that all decisions made prioritise the well-being and interests of the Muslim community, especially in matters concerning religious affairs.
2. No Involvement in Religious Decisions:
   The non-Muslim trustee should not be involved in any religious matters, such as issuing religious opinions (fatwas), giving sermons (khutbah), or making decisions related to Islamic law. Their role should be strictly limited to administrative duties.
3. Focus on Administrative Affairs:
   The non-Muslim trustee should only handle non-religious aspects of the organisation’s management, such as overseeing finances, building maintenance, and other operational aspects. This ensures that religious leadership remains in the hands of qualified Muslims.

Islamic Precedents and Scholarly Opinions

• Ibn Qudamah (Rahimahullah), a prominent scholar, stated that if a man divorces his wife or annuls his marriage, he may remarry her during her waiting period (iddah), according to most scholars. This illustrates that exceptions can be made in cases of necessity, if the overall harm does not outweigh the benefit. This concept can be applied to the appointment of non-Muslim trustees when required by law.
• Ibn Kathir also mentioned that the majority of scholars agree that the first husband of a woman who has undergone khula’ may remarry her during her waiting period. This shows that, in cases of necessity, actions that are typically prohibited can be allowed.

In a similar manner, a non-Muslim may be appointed as a trustee if required by law, but the trustee’s role must be limited to administrative matters and should not involve religious decisions.

The Importance of Muslim Trustees

Although exceptions may be made in certain circumstances, it is always preferable to appoint Muslims as trustees for Islamic organisations. Muslims have a deeper understanding of the religion, and they are more suited to managing religious affairs in line with Islamic teachings. The Prophet Muhammad ﷺ said: “Leadership and governance are for Muslims only.” (Sunan Abu Dawud, Hadith 2532)

This hadith indicates that the leadership of Islamic institutions should be given to Muslims who understand the values and responsibilities that come with such positions.

In conclusion, while it is generally not permissible for a non-Muslim to serve as a trustee of an Islamic organisation, exceptions can be made in cases where local laws require it. However, if a non-Muslim is appointed, they must adhere to certain conditions: they must prioritize the interests of the Muslim community, refrain from religious decision-making, and focus only on administrative duties. Ultimately, the preference should always be to appoint Muslims who can better manage the religious and operational matters of the Islamic organisation.

And Allah ﷻ knows best.

This Fatwa is written By Dr. Musharraf Hussain Al-Azhari