Most sexual offenses in Islam are dealt with swiftly and publicly, regardless of who commits them. So how do we reconcile the very public nature of the Islamic punitive code pertaining to sexual offenses, with the Shar’i injunction about the concealment of other people’s sins? In a variety of Islamic traditions, Muslims are admonished to offer advice to sinners in private and to conceal their trespasses. This is called the paradigm of Satr. The Prophet Muhammad (pbuh) explicitly said: “Whoever covers the flaws of a Muslim in this world, God will cover his/her flaws on the Day of Judgment.”18 Imam ibn-Hajar explains this hadith and says that this only applies to "sins'' in the private sense of the word, where someone was made aware of someone else's sinful behavior that only affects the sinner(s), their well-being, and their salvation, but still reprimand them privately. If the perpetrator of that sin is a spiritual leader, and such reprimand fails, and the imam insists on their behavior, they have basically waived their right to private admonition and may be rendered unqualified to serve in the capacity of a spiritual leader.
At this juncture arises the need to inform the leadership of the institution where that spiritual leader serves of his improper behavior. We have still not reached a need to make public announcements and social media posts about the situation. These privacy safeguards obviously do not apply to sinful behavior of public nature, referred to as "crime" earlier, where people might be called in as witnesses, and punishment may be administered against the convicted criminal publicly. In fact, the Quran unequivocally states: "And do not conceal what you have witnessed - for, verily, he who conceals it is sinful at heart.”19
Polygyny
Islam permits a man to marry up to 4 wives. It is rarely practiced but is considered neither haram nor immoral in the Islamic ethos. Spiritual leaders who are engaged in multiple marriages, conducted legitimately, where all the Islamic legal requirements have been met, are not at fault. It might be considered odd or distasteful for many, but ultimately it's a family’s private business and a personal choice. The same, however, cannot be said about secret marriages. While many Islamic schools of thought (such as the Hanafis and the Shafiis) consider a marriage contract to be valid even if secrecy was an agreed-upon arrangement, the Malikis and many Hanbalis believe that secrecy invalidates the contract. But aside from the legal status of a secret marriage, all the scholars, of all ages, are in agreement that secret marriage, even when valid, is still Makrooh, or despised by God20. The Prophet Muhammad says: “What separates halal from haram (in relationships) is songs and drums!”21, which means that what makes a marriage halal is making the public announcement through the wedding celebration that involves festive songs and musical instruments. Secret marriages are extremely harmful because they usurp meaning from the intimate relationship and turn marriage into fornication in disguise. It simply has no place among God-conscious people and particularly Islamic spiritual leaders.
Mu’tah (Temporary) Marriages
The same applies to Mut’ah, or temporary marriages. While it is true that in Ja’fari Shia legal discourse, Mut’ah marriages are consensual, and therefore permissible, Sunni scholarship is unanimous in its casting aspersions on Mut’ah and calling it an act that is “a few inches short of prostitution”22. In The Lawful and the Prohibited in Islam, Sh. Qaradawi states that while the prophet permitted temporary marriage during journeys and military campaigns before the Islamic legislative process was complete, he later forbade it and made it haram forever23. Deeply rooted evils within society at the time, such as fornication, were gradually prohibited and the majority of companions held the view that temporary marriage was absolutely haram. At the fundamental level, it is inconceivable that Islam would consider it legitimate for a woman to “marry” a different man every month, or for a man to marry an indefinite number of women every year, without rights or responsibilities.
What guidelines should spiritual leaders and community members follow to stand for claimants without jeopardizing the reputation of innocent people?
Conventional Responses
Before recommendations are issued to community members and leaders, it's important to examine the prevailing conventional responses to real or perceived sexual impropriety committed by Muslim spiritual leaders. The reaction from leaders of Islamic organizations varies among the following:
Do absolutely nothing.
Offer private advice and do nothing after.
Offer private advice and if the person is not deterred, sever professional ties, say nothing publicly but warn other institutions if the spiritual leader seeks employment elsewhere.
Sever professional ties and make a public announcement.
Sever professional ties and make a public announcement and inform law enforcement authorities.
The reaction of community members at large varies between the following:
Do absolutely nothing.
Engage in private conversations about the offense.
Engage in public debates about the offense including on social media.
Recommendations for Islamic Organizations
In light of what was discussed in this essay, and guided by Islamic injunctions and morality, the authors recommend the following possible courses of action to leaders of Islamic organizations, in the event that a spiritual leader has committed a real or perceived sexual offense:
Perceived Sexual Offense
Do absolutely nothing in the following cases:
Multiple public marriages.
Board members or other administration may still choose to sever professional ties with spiritual leaders at their discretion if they felt that his polygamous relationships would be hurtful to the institution or its image. However, such action would not be warranted per Islamic guidance.
Offer private advice and then do nothing if rumors are spreading about a spiritual leader, with no evidence to corroborate it. This gives the spiritual leader the chance to adjust any personal behavior that might be inducing the rumors such as unknowingly violating people’s personal spaces which can vary between cultures.
Offer private advice and if the spiritual leader is not deterred, didn’t repent, nor apologized: sever professional ties, say nothing publicly, but warn other institutions if the spiritual leader seeks employment elsewhere. This methodology may be used in the following cases:
Secret marriages.
Mut’ah marriages.
Adultery.
Fornication.
Alleged Sexual Offense Under Investigation by Authorities
In the event a claimant reports to the institution sexual assault24 or sexual harassment from a spiritual leader, the institution should privately confront the spiritual leader, offer advice, encourage him to confess if he has committed the crime, and inform him that it can be reported to law enforcement.
If the spiritual leader confesses to the crime, apologizes to the victim and the victim is interested in pardoning him, then the institution should still relieve him of his post and advise him to seek professional help.
If the spiritual leader confesses to the crime, apologizes to the victim and the victim is not interested in pardoning him, perhaps due to the severity of the offense, then she may pursue legal action and the institution maintains the right to sever ties with the spiritual leader and issue a public statement.
If the spiritual leader denies the claim, the institution should inform law enforcement with the permission of the claimant. At this point, the institution should place the spiritual leader on administrative leave during the course of the legal procedure. In this case, it is recommended for the institution to host a community event on sexual abuse, led by mental health professionals, in order to make space for other potential claimants to come forward. At this point, the institution should not make a public statement about the specific case until the spiritual leader is found guilty.
In the event that the spiritual leader allegedly committed sexual assault involving a minor, such as molestation or statutory rape, the institution should privately confront the spiritual leader, offer advice, encourage him to confess if he has committed the crime, and inform him that it can be reported to law enforcement.
If the spiritual leader confesses to the crime, apologizes to the minor and the family, then the institution should relieve him of his post, advise him to seek professional help, and work with the minor’s family to report him to law enforcement and ensure he is not allowed to work with children in the future. In this case, it is recommended for the institution to host a community event on sexual abuse, led by mental health professionals, in order to make space for other potential victims to come forward. At this point, the institution can make a public statement due to the confession of the spiritual leader.
If the spiritual leader denies the claim, the institution should inform law enforcement with the permission of the minor’s family. At this point, the institution should place the spiritual leader on administrative leave during the course of the legal procedure. In addition, it is recommended for the institution to host a community event on sexual abuse, led by mental health professionals, in order to make space for other potential claimants to come forward. At this point, the institution should not make a public statement about the specific case until the spiritual leader is found guilty.
Convicted Sexual Offense
If a spiritual leader is found guilty of sexual assault, the institution should officially sever professional ties and make a public statement informing the community.
If a spiritual leader is found guilty of sexual assault involving a minor, the institution should officially sever professional ties and make a public statement informing the community, and seek professional help to support the victims.
A Note on the Role of Media
News agencies and media may report on alleged cases prior to a case officially being reviewed in the court of law. What should Islamic institutions do if a case becomes public prior to a claimant coming to the institution? As it is clear in the above discussion, the authors of this essay recommend public reprimand of the spiritual leader after following the steps above only in sexual assault cases that have resulted in a conviction, since according to our definition, they involve a victim, and therefore cannot be covered up.
If details of a case start circulating due to anonymous reporting in the media, the institution should host a community event on sexual abuse with clear steps outlined on how to report incidents, led by mental health professionals, to make space for potential claimants to come forward. When it comes to sexual abuse, the authors acknowledge that victims may not recognize what they experienced as abuse and the stigma surrounding sexual abuse may impede their ability to come forward. Therefore, educating the community on the topic (not ignoring the allegations circulating in the news) and ensuring community members have a clearly defined path to report such crimes will be helpful to other potential claimants. This is how an institution takes rightful control of the narrative in pursuit of justice while also protecting the wider community from fitnah by giving space to talk about the actual issue away from the specifics of an unverified case.
Recommendations for Community Members
As for the community at large, the authors of this essay recommend one course of action in most cases: silence, and sincere prayers to the claimant(s) and the alleged violator. Social media, private, or public forums are not the proper platforms to address these sensitive matters and Muslims should not engage in this type of hyperbole. As long as leaders are taking proper steps to rectify the situation, community members must resort to prayers and support and refrain from engaging in conversations about it. The only exception to this would be counseling sessions, briefings, youth healing meetings, etc. It would certainly be not only acceptable but required for ordinary citizens to bring violations to the attention of the leadership if they are not aware. Lastly, community members may need to speak publicly about these matters if leaders of Islamic institutions don’t take any action in the aftermath of violations, or don’t take the appropriate action.
Misapplication of Survivor-Centered Advocacy
Organizations which deal with violence against women, away from the legal system, invoke a survivor-centered approach. Survivor-centered approaches aim to put survivors of violence at the forefront of all actions and ensure that they are treated with dignity and respect. This approach purports to promote the survivor’s recovery, reduce further harm in the difficult process of a trial, and reinforces a woman’s agency and self-determination. 25 When a survivor-centered approach is invoked in organizations that also publicly investigate spiritual abuse claims without following the proper procedures outlined in Islamic law, a few questions should be considered:
Is there space for non-legal organizations to carry out investigative reporting in sexual abuse claims?
Is it ethical for an independent organization to create and carry out a public ‘trial’ of an accused person away from official legal authorities?
Should any woman who puts forth an uncorroborated abuse claim be immediately granted the status of survivor? In other words, should we #BelieveHer only because there have been times and places in our communities, now and historically, where it was difficult for her to report the crime?
The deepest wound resulting from a crime is not just the crime itself, but the lack of justice served in the aftermath. The pain is all the more worse when crimes that violate the personhood of a human being are brushed under the rug and not taken seriously by the victim’s own family and community. While we do not possess the ability to go back in time and retroactively apply justice, we believe that God Almighty will address every ounce of injustice that women in such situations have endured. However, the pain does not justify the extreme opposite in which all women are believed without actually going through the formal and truth bearing process. The claimant who comes forward should still be cared for by mental health professionals, female chaplains, and mentors because the focus of these providers is on the well being of the woman. But we should not immediately deem her a victim and the accused as criminal until actual findings have been made. Despite the difficulty, the institution should empower her to pursue legal justice, when she is ready and with the resources of a care team, because it will lead to closure for her as well as ensure all parties are treated fairly. The authors of this essay recommend that it is time to move away from extremes which further polarize men and women, and approach this sensitive matter in a truly balanced way, inspired by fundamental Islamic paradigms.
Apart from the procedural recommendations listed above, we do believe there is space for survivor-centered healing through the following actions, which do not directly impede the legal courses of action:
Recognize that many women have been the victims of violent crimes and that justice was often not duly carried out
Foster a safe space for women to heal through support groups
Offer spiritual care services through female chaplains and educators who can provide legitimate advising, guidance, and healing
Other Considerations
What would be the recommendation if the spiritual leader publicly repented or if justice is served and the spiritual leader did prison time for a crime he committed and he took full responsibility for it? Can we still follow him as a leader? Can we still take his teachings and guidance seriously? Can we still pray behind him? Can we still entrust him with our private affairs? The answer is yes, with reservations. Knowing that we are all fallible, and that spiritual leaders are human and that the Creator accepts our repentance, it behooves us to give others a second chance, and spiritual leaders should be afforded the same allowance. Is it possible that a spiritual leader under certain circumstances fell victim to temptation? Yes. Is it possible that this violation is correctable and that a spiritual leader will learn significantly from it? Yes. But the reservation here is that spiritual leaders who repent and take responsibility after committing sexual offenses must be put under tremendous scrutiny for a probationary period until trust is rebuilt and community members are able to be convinced that their leader’s repentance is sincere and genuine. The only exception to this is committing sexual assault of a minor or if the violations were of a non-consensual nature towards adults. The authors of this essay believe that these illnesses are beyond repair, and while it’s possible for a person to curb these malicious desires, they certainly have no place in a spirtual environment or anywhere near kids. Such leaders must be ousted, publicly shamed, and retired forever.
Lastly, what do we do with the intellectual and spiritual heritage left by an Imam after his fall from grace? Should we still listen to his lectures? Read his books? Cite his opinions? The authors of this essay agree that the answer to all these questions is yes. Islamic knowledge is the heritage of the Prophet Muhammad (PBUH). It was relayed to us across the ages through vehicles of scholars and spiritual teachers, who were not always perfect. The Prophet Muhammad said "God renders aid to the Deen through someone who might be iniquitous.” 26 The basic tenets of Islam have been verified through the ages and scholarly opinions have been peer-reviewed. It would be a tremendous waste to discard viable opinions and insightful knowledge just because the source is tainted with sin.