kareem saleh fvhg5mf9rvi unsplash
Systems of Thought and Courses of Action

Power, Abuse & Muslim Spiritual Leaders

Abuse of power by spiritual leaders in the Muslim community is on the rise - not because it’s a new phenomenon - but because more women are courageous enough to report them.

This is a positive development. But as with any state of progress, initial chaos potentially ensues. In their reactions to this progress, Western Muslims may not necessarily borrow from established Islamic guidance - Qur’an, Sunnah, and scholarly tradition. This essay is about abuses committed by spiritual leaders against women who are entrusted to their spiritual ministry. Specifically, we explore the following questions:

  • What constitutes spiritual abuse and who is considered a victim? 

  • What informs Western Muslim’s reaction to spiritual abuse? 

  • What is the Islamically-grounded methodology to redress spiritual abuse?

  • What guidelines should spiritual leaders and community members follow to stand for claimants without jeopardizing the reputation of innocent people? 

As we define the scope of this essay, it is important to state what the authors plan not to cover. This essay will not address other forms of abuse by spiritual leaders, such as abuse of power, financial infractions, or ideological intolerance. Neither is this essay interested in the criteria for selecting spiritual leaders or their qualifications. This essay focuses on developing an authentic Shar’i methodology for victims, Islamic leaders, and the community to guide a reaction that is pleasing to God in the aftermath of abuse by spiritual leaders, which is another way of staying fair to both the victim and the innocent.

As the Muslim community in the US and beyond grows in numbers and institutions, it becomes increasingly vulnerable to ailments reflected in the cultural ethos of its wider society. In recent years, in one public spectacle after another, Muslim spiritual leaders fell painfully from grace after revelations of their abusive behaviors were made public. Abusive behaviors in these cases include behaviors such as sexual harassment, sexual assault, grooming for sex, secretive multiple marriages, and short-term (Mut’ah) marriages. This leaves their families in disarray, the lives of women who trusted them shattered, their disciples disillusioned, and the wider Muslim community at-risk of indifference towards the Deen, or worse, apostasy.

What informs Western Muslims’ understanding of spiritual abuse? 

Since the #MeToo movement, women, and certainly Muslim women, became not only able, but increasingly encouraged to report abuse in all of its forms committed against them by men. In the Muslim community, for the longest time women speaking publicly about encroachments within their private space by men continued to be taboo, from rape to sexual harassment and everything in between. In some communities this is changing, but in other communities calls for justice are shut down for the sake of maintaining peace and avoiding tough conversations. Women should be encouraged to report sexual abuse to institutions that are responsible for their spiritual well being. 

The consequences of women suffering silently for so long are that there is distrust and disillusionment towards all spiritual leadership, an increase in the prevalence of anti-systemic sentiments, and a rise in spiteful views towards those in spiritual power1. In Muslim communities, reactions to spiritual abuse seem to be influenced by anything, it seems, except divine preferences and Islamically authoritative (Shar’i) principles.

Our existing courses of action in the face of abuse by spiritual leaders against women seem to be the result of systems of thought that derive authenticity from short-lived cultural norms, social patterns, and ideologies that stunt our efforts to develop a consistent and timeless approach to resolve this challenge. As men and women of faith, the authors of this essay believe that seeking guidance from and staying within the boundaries of authentic Islamic teachings might provide us with such a methodology. While there is no set of “isms” that can grant women their divine rights more than the divine itself, as a community we should strive towards properly upholding these rights in the real world. Muslim women don’t have to suffer in silence and communities are becoming increasingly vigilant in setting in motion the processes necessary to ensure that such abuses do not go unnoticed or unpunished. 

What constitutes spiritual abuse, and who is considered a victim? 

Position of Power

This essay is about abuses committed by spiritual leaders against women who are entrusted to their spiritual ministry. Spiritual guidance in its most effective form often affords the spiritual guide extensive access to the most private corners of one's heart and mind. This puts the spiritual leader in a unique position of power over the seeker and puts the seeker in a unique position of vulnerability towards the spiritual leader. As a spiritual leader gets to know the deepest secrets, weaknesses, and vulnerabilities of the seeker, it is possible that such knowledge could be exploited in order to provide the spiritual leader with the advantage to benefit from the relationship at the expense of the seeker and act in an abusive manner.

Victimization and Consent

Victimization is a determining factor in terms of charting a course of action and therefore it is of the utmost importance to have a discussion about who is considered a victim and who is not, through the lens of Islamic law. The authors of this essay hold the position that a woman is by default a victim of any type of sexual abuse committed by a spiritual leader, except in the cases when the relationship was consensual2. A relationship between a Muslim spiritual leader and a woman in his congregation that is not his wife, might be Islamically impermissible, or even illegal, but as long as the sexual encounter(s) commenced with the articulated consent of both parties, the woman, in this case, would not be considered a victim in the strict definition of Islamic law. The authors of this essay acknowledge that civil law does not recognize the consent of a minor (under 18) and therefore such consent becomes void for legal purposes. 

Islamic Law recognizes the importance of consent in all social relationships - business, marriage, medical care etc. - based on the Qur’anic verse, “O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent.”3 The three principles governing consent under islamic law are: intention (niyyah), will (irādah), and voluntary choice (ikhtiyār)4

According to Islamic law, men and women of age who engage in illicit sexual acts are both held responsible before God and are punished in the same way, whether worldly or otherwordly. It is true that a spiritual leader holds sway over a woman under his spiritual care by virtue of his charisma and authoritative power, and this should be taken into consideration, especially if the spiritual leader deceives a woman into thinking they were not violating spiritual teachings. This makes such sexual advances towards her, even when verbally consensual, very immoral and extremely problematic. However,  according to Islamic law, it certainly doesn’t make her a victim. It is important to be consistent. If we have labored to grant women their full agency, it follows then that agency comes with personal responsibility for poor decisions. Drawing this line is profoundly important when pursuing justice. 

Proponents of the effort to call a victim any woman that is engaged in a sexual relationship with a spiritual leader, even when consensual, will struggle to stay consistent. For example, if a spiritual leader engages in fornication with many of the women in his congregation, we would consider this to be spiritual abuse and accuse him of using his position to victimize them. On the other hand, if he is single and marries a woman from his congregation, to consider that abuse, or to call that woman a victim would be inconsistent. Any premarital relationship may have been considered haram or immoral, but if it was genuinely consensual, does that still make the woman a victim? 

Definitions 

In order to make this essay most relevant, the authors chose to select a list of frequently used terms and provide working definitions for them.

Word

Working Definition

Abuse

The improper use of power to take advantage of and/or harm another individual or entity.

Spiritual leader

An individual occupying the capacity of Imam, Shiekh, spiritual guide, Sidi, Mawlana, Mulla, Qari, religious teacher or any other position of religious authority within an Islamic institution or generally accepted by the community.

*This definition doesn’t cover other “laymen” such as board members, administrators, etc.

Victim

A woman who was subjected to sexual advances in any form or shape by a spiritual leader, in a non-consensual manner.

Sexual harassment

Unwelcome and inappropriate sexual remarks, behaviors, and advances in a professional or social situation.5

Sexual Assault

Non-consensual, unwanted physical contact of a sexual nature that may use force, threats, or intimidation.6

Rape

Rape is a form of sexual assault, but not all sexual assault is rape. Rape specifically includes sexual penetration without consent.7

Spiritual abuse

The exploitative use of power and charisma garnered through spiritual or religious authority to sexually harass or assault a person under their care.

Grooming for sex

A process by which a person prepares a child, significant adults and the environment for the abuse of the child. Specific goals include gaining access to the child, gaining the child's compliance and maintaining the child's secrecy to avoid disclosure.8

Consent

The clearly articulated willingness and desire of a woman to engage in a relationship or sexual acts.

Islamic ruling

An authentic and widely accepted position of Islamic law on a matter.

Islamic Marriage

A legitimate marital bond between the spiritual leader and a woman that satisfied the authentic Islamic requirements (consent, witnesses, Wakeel and Mahar) and cannot be considered a haram relationship.

Secret Marriage

An Islamic marriage that didn’t include a public announcement or Ish’haar.

Polygyny

A case of legitimate Islamic marriages that involve a man and multiple wives.

What is the Islamically-grounded methodology to redress spiritual abuse?

The Grave Nature of Sexual Impropriety

Islam instituted a strict set of rules that safeguard people’s dignity and honor, protecting and preserving their privacy and sexuality. The Quran explicitly instructs the believers to “lower their gaze”9 and to avoid staring at the opposite gender lustfully. Islam also prohibits a man and a woman who are not mahram from being alone together in an enclosed or private space, also referred to as khulwa. Touching someone from the opposite gender licentiously is considered a grave sin, and the prophet explicitly said, “To be stabbed with a metal rod in your head would be better for you than to touch a woman in a manner that is not permissible”10. Even consensual sexual relations between unmarried adults are considered impermissible11. Forcing a woman into sex is so grave a sin that it can be prosecuted under the articles of “Hirabah” or public acts of terrorism in Islamic law, the worldly punishment of which is quite severe12. Other forms of sexual abuse, such as verbal and physical harassment or molestation are also grave sins in Islamic law. The particular punitive action against those crimes is usually reserved to the discretion of lawmakers, to reflect the necessities of time and space13. In the wake of a Muslim woman getting sexually harassed in Medina, The Prophet Muhammad (PBUH) mobilized an army and started a war to avenge her14

Types of Punishment in Islamic Law

Having established the impermissibility of sexual impropriety in Islam, it’s necessary to make a distinction between four different domains of retribution: 

  1. ‘Adhaab: God’s punishment for sins in the afterlife;

  2. Hudood: Punishment for sins that are carried out through a clearly defined penal code in Islamic law;

  3. Ta’zeer: Punishment for sins through the discretion of law-makers;

  4. Qisas: Punishment for murder or bodily injury, called for by the victim or their closest of kin

In the first category, a sin is a private affair that only adversely affects the life of the sinner(s), therefore, if that person doesn’t repent, their punishment is reserved for God alone in the Hereafter. Examples in this category would be: not praying regularly, not fasting, lying, being greedy or stingy, etc. 

In the second category, sins become crimes, meaning their impact is extended beyond the sinner’s private domain and pose harm to other individuals or wider society. These crimes are usually punished by the Hudood, which are clearly defined punitive actions in Islamic law with a high standard of proof, such as armed robbery, adultery/fornication, rape, and public intoxication. It should be noted that clear guidance has been given regarding the investigation, witnesses, evidence and clues for establishing the crime. 

The third category is the Ta’zeer crimes, which are identified as sinful in the Qur’an and Sunnah but do not have a clear punishment prescribed. Therefore, these crimes may be punished in this world's life, but the decision to punish and the form of that punishment is reserved for lawmakers. Examples of these crimes are public profanity, sexual harassment, theft below the assigned value, etc. Punitive action for these crimes varies from public shaming, flogging, and banishment, to jail time15.

The fourth category are Qisas crimes16, available to the victim against a convicted perpetrator of murder or intentional bodily injury. In place of carrying out retributive punishment equal to the crime committed, victims are also entitled to receive monetary compensation (diyya) or grant pardon to the perpetrator. Generally, the prophet (saws) strongly discouraged people from demanding punishment for the criminal16.. The right to pardon rests with the victim and they cannot be forced to pardon the perpetrator.

God’s Punishment

Hudood

Ta’zeer

Qisas

Sexual harassment

✔️

✔️

✔️

Rape

✔️

✔️

Grooming for sex

✔️

✔️

Fornication

✔️

✔️

Adultery

✔️

✔️

Public Polygyny

N/A

N/A

N/A

N/A

Secret Polygyny

N/A

N/A

N/A

N/A

Mut’ah

✔️

N/A

Categorization of Acts in Islam

Before categorizing the offenses of spiritual leaders towards victims, we have to distinguish generally between: 

  1. Islamically impermissible (haram)

  2. Morally reprehensible 

  3. Illegal by the state 

All acts impermissible in Islam must also be considered immoral for a Muslim, even if society views them otherwise. For example, although gambling and the consumption of intoxicating substances is legal or morally acceptable in the US, in Islam they will always be both haram and immoral. 

Then there are acts that are illegal by the state but considered moral by some, such as stealing to feed the poor or hurting someone to avert bullying, etc. 

Lastly, there are acts that are Islamically permissible but considered illegal by the state, and perhaps viewed as immoral in certain localities, although that is typically rare. A good example of this category would be polygynous relationships. 

With this in mind, it is important to establish that pertaining to the context of spiritual leaders abusing women, the “offenses” that are often mentioned are the following: Sexual harassment, grooming young girls for sex, fornication, adultery, polygyny (secret and public), and Mut’ah marriages. The chart below visually categorizes each of these acts. 

Islamically Permissible

Viewed as Moral by Some

Legality in the US

Sexual harassment

Grooming for sex

✔️17

Fornication

✔️

✔️

Adultery

✔️

Polygyny public

✔️

✔️

Polygyny secret

Mut’ah

✔️

Public versus Private Redress in Islam

It’s necessary to also understand the nature of the Islamic response to these acts in terms of whether it should be dealt with privately or publicly. 

Public redress

Private redress

Sexual harassment

✔️

Grooming for sex

✔️

Fornication

✔️

✔️

Adultery

✔️

✔️

Public Polygyny

N/A

N/A

Secret Polygyny

N/A

N/A

Mut’ah

✔️

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:

  1. Do absolutely nothing.

  2. Offer private advice and do nothing after.

  3. 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. 

  4. Sever professional ties and make a public announcement. 

  5. Sever professional ties and make a public announcement and inform law enforcement authorities. 

The reaction of community members at large varies between the following:

  1. Do absolutely nothing.

  2. Engage in private conversations about the offense.

  3. 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

  1. Do absolutely nothing in the following cases:

    1. 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. 

  2. 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.

  3. 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:

    1. Secret marriages.

    2. Mut’ah marriages.

    3. Adultery.

    4. Fornication.

Alleged Sexual Offense Under Investigation by Authorities

  1. 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. 

    1. 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. 

    2. 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.

    3. 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.

  2. 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. 

    1. 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.

    2. 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

  1. 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. 

  2. 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.



Footnotes
  1. Durà-Vilà G, Littlewood R, Leavey G. Integration of sexual trauma in a religious narrative: transformation, resolution and growth among contemplative nuns. Transcult Psychiatry. 2013 Feb;50(1):21-46. doi: 10.1177/1363461512467769. Epub 2013 Jan 7. PMID: 23296289; PMCID: PMC4107816. Back

  2. The Qur’an 53:32

  3. Mohd Noor, A. (1970, January 1). Punishment for rape in Islamic law. IIUM Repository (IRep). Retrieved October 8, 2022, from http://irep.iium.edu.my/16877/ 

  4. The Qur’an 4:29

  5. Wan Muhammad, Ramizah & Jahn Kassim, Puteri. (2016). The Importance of Mutual Consent in Social Relationships under the Shariáh. Journal of Islamic Studies and Culture. 4. 10.15640/jisc.v4n2a8. 

  6. Sexual harassment (no date) RAINN. Available at: https://www.rainn.org/articles/sexual-harassment (Accessed: October 11, 2022). 

  7.  Sexual assault (no date) RAINN. Available at: https://www.rainn.org/articles/sexual-assault (Accessed: October 11, 2022). 

  8. ibid.

  9. Susan Raine, Stephen A. Kent. The grooming of children for sexual abuse in religious settings: Unique characteristics and select case studies. Aggression and Violent Behavior, Volume 48, 2019, Pages 180-189. ISSN 1359-1789. https://doi.org/10.1016/j.avb.2019.08.017.

  10. The Qur’an 24:30

  11. Imam al-Bayhaqi [d. 458 A.H]. Al-Sunan al-Kubra. Narrated by al-Tabarani in al-Kabeer, 486.

  12. The Qur’an 17:32

  13. Abu Bakr ibn-ul-Arabi [d. 543 A.H], Ahkam ul-Quran, volume 2, page 95.

  14. Abu-Ishaq ash-Shiraazi [d. 476 A.H]. Kitab ul Hudood

  15. Imam al-Bayhaqi [d. 458 A.H]. Al-Sunan al-Kubra. Narrated by al-Tabarani in al-Kabeer, 486.

  16. Abu'l-Hasan 'Ali ibn Muhammad ibn Habib al-Basri al-Baghdadi al-Mawardi [d. 450 A.H]. The ordinances of government: A translation of al-aḥkām al-sulṭāniyya Wʼ al-Wilāyāt al-Dīniyya. Garnet Pub. 

  17. Muhammad Abu Zahra [d. 1419 A.H]. Al-Jarīmah wa al-‛Uqūbah fī al-Fiqh al-Islāmī.

  18. In general, grooming in and of itself is not a crime. However, evidence of grooming may be introduced in criminal cases to establish proof of intent to commit child sexual abuse.

  19. Sunan an-Nasa'i 4726. Chapter 6, 7: Mentioning The Differences Reported In The Narration Of 'Alqamah Bin Wa'il, Book 45: The Book of Oaths (qasamah), Retaliation and Blood Money. https://sunnah.com/nasai:4726

  20. Sahih Muslim 2590a Chapter 21: Glad Tidings That Whomever Allah Conceals In This World He Will Conceal Him In The Hereafter, Book 45: The Book of Virtue, Enjoining Good Manners, and Joining of the Ties of Kinship. https://sunnah.com/muslim:2590a

  21. The Qur’an 2:283

  22. See Surat al Nisa 4:25; Mishkat al-Masabih 3152. Chapter 3b: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 2, Book 13: Marriage. https://sunnah.com/mishkat:3152; and note 21 below.

  23. Sunan an-Nasa'i 3369. Chapter 72: Announcing The Wedding By Singing And Beating The Duff, Book 26: The Book of Marriage. https://sunnah.com/nasai:3369

  24. Mahmoud Shaltoot [d.1383 A.H], al-Fatawaa.Dar-ul-Ilm al-Arabi.

  25. Sh. Yusuf Al-Qaradawi [d. 1444 A.H]. The Lawful and the Prohibited in Islam. P. 184. Al-Falah Foundation. 

  26. Women's Refugee Commission and UNICEF. (n.d.). Caring for Survivors: A Principled Approach.

  27. Sahih al-Bukhari 4203. Chapter 38: Ghazwa of Khaibar, Book 64: Military Expeditions led by the Prophet (pbuh) (Al-Maghaazi). https://sunnah.com/bukhari:4203

Author: Transform Studios
Categories: Essays