Is the will designating the prayer leader valid if the designated executor is sinful (*fasiq*) or an innovator (*mubtadi*)?
General Chapter
Al-Mughni
Book of Funerals
Primary text
If the designated executor is a transgressor or an innovator, the bequest is not accepted because the testator is deemed ignorant of religious law, and the recommendation is rejected. This is analogous to the situation where the designated person is a non-Muslim (*dhimmi*). If the closest relative is similarly characterized by sin or innovation, they are not given precedence in leading the prayer, and another person leads instead, just as they would be barred from leading the five daily obligatory prayers.
Supporting text
Al-Shafi'i, in one of his opinions, holds that the heir (*wali*) takes precedence based on analogy with marriage guardianship, due to the common criterion of the order of paternal relatives. This contradicts the hadith stating, "A man shall not lead prayer by virtue of his authority (*sultaan*)."