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2 Jumaadal Ukhra 1448 AH٢ جمادى الآخرة ١٤٤٨ هـ

CONVICTED TRUSTEE

19 Shawwaal 1438 | 14 July 2017 934 views

Question

Dear Mufti Saheb

Please inform me the on the following:

A trustee sitting on the Executive of a Musjid Trust Board and his 2 sons have been criminally charged and convicted on 19 July 2016 by the Durban Regional Court for assaulting a fellow Muslim brother and all 3 were found guilty and criminally charged for assault and sentenced by the Magistrate to 60 days imprisonment or an option of R4000 fine. The sentence is suspended for 3 years. They opted to pay the fine instead of going to prison. As it stands . the trustee is a criminal convict and will have a criminal record for a very long time.

In terms of corporate governance for public organizations, a convicted criminal may not be a fit and proper person to hold public office.

I hereby respectfully and humbly seek guidance from yourselves whether the remaining trustees can ask the convicted trustee to vacate his position as a trustee as having the convicted trustee still serving on the Trust Board will cast a slur and damage the integrity of the Trust Board.

Answer

Muhtaram/muhtaramah,

As salaamu ‘alaykum wa rahmatullahi wa barakatuh.

The remaining trustees are empowered by legal avenues to request for the removal of the convicted trustees.

However, this must be done sincerely to protect the trust and institutions of Deen. In some instances we have noted some trustees use this as a leverage to settle personal scores which is against the spirit of amanat (trust) which is paramount for every trustee.

The remaining trustees should include other ulama and senior people in doing so, so that personal agendas will not be allowed to dictate this process.

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