his leadership, and Malik said: He shall not lead them in prayer, even if he is the most knowledgeable of them in recitation, due to the statement of Allah the Exalted: "The Bedouins are stronger in disbelief and hypocrisy, and more likely not to know the limits of what Allah has revealed to His Messenger" (34). Our evidence is the statement of the Prophet (peace and blessings of Allah be upon him): "The people shall be led by the one among them who is most knowledgeable of the Book of Allah the Exalted." Furthermore, he is a legally responsible person (mukallaf) from among those eligible for leadership (imamah), so he resembles the Muhajir. However, the Muhajir is more deserving than him because he is given precedence over one who is surpassed in migration, so one who has no migration is even more entitled. Abu al-Khattab said: The urban dweller (hadari) is more deserving than the Bedouin because his leadership is a matter of disagreement, and because their prevailing characteristic is coarseness and a lack of knowledge regarding the limits of Allah.
Section: It is not disliked for a person born out of wedlock (walad al-zina) to lead the prayer if his religion is sound. 'Ata' said: It is permissible for him to lead the prayer if he is acceptable, and this was also the view of Sulayman ibn Musa (35), al-Hasan, al-Nakha'i, al-Zuhri, 'Amr ibn Dinar, and Ishaq. The People of Opinion (Ashab al-Ra'y) said: Prayer behind him is not valid. Malik disliked that he be appointed as a regular imam. Al-Shafi'i disliked his leadership because leadership is a position of virtue, so it is disliked to put him forward for it, just like the 'Eid prayer. Our evidence is his (peace and blessings of Allah be upon him) statement: "The people shall be led by the one among them who is most knowledgeable of the Book of Allah." 'A'isha said: There is no burden upon him for the sin of his parents. Allah the Exalted has said: "And no bearer of burdens shall bear the burden of another" (36), and He said: "Indeed, the most honorable of you in the sight of Allah is the most pious of you" (37). The slave’s leadership is not disliked, even though the free man is more entitled than him, and despite the fact that a slave is deficient in his legal rulings—he cannot preside over marriage contracts or wealth, and his testimony is not accepted in some matters—yet this is different.
Section: It is not disliked for a soldier (jundi) or a eunuch (khasi) to lead the prayer if their religion is sound, based on what we mentioned regarding the slave, and because he is a person of integrity ('adl) from among those eligible for leadership (38), so he resembles others.
(34) Surah al-Tawbah, 97. (35) Abu Ayyub Sulayman ibn Musa al-Ashdaq, one of the Tabi'un jurists in the Levant and al-Jazirah, died in the year 119 AH. Tabaqat al-Fuqaha' by al-Shirazi, 75. (36) Surah al-An'am, 164. (37) Surah al-Hujurat, 13. (38) In the original: "Al-Amanah" (The Trust).