How should they deal with an imam who disobeys Allaah in the mosque? What is the ruling on their praying behind him?
Question

                After many complaints, we have known that our Imam is causing mischief in the masjid. He listens to music and flirts women in the street, he also closes the door of women’s prayer room while he is inside it! The brother who calls the Adhaan asked him if what is being said about him is correct. The imam answered proudly saying: “she is my lover, and whoever does not like the way I am, he does not have to pray behind me. Some brothers went to his father and complained about him; his father answered: “he does not listen to me, and I cannot do anything about this” he also added: “I ask Allah to grant us a righteous imam to our masjid”.

Please advise us.
Praise be to Allah.
    Firstly: 

    If what the muezzin said about this immoral 
    imam is true, then he is in great danger and there is the fear that he may 
    fall into apostasy or meet a bad end. That is because:   

    1.

    He is taking the house of Allaah as a place 
    for his immoral actions and evil deeds, but Allaah has enjoined that His 
    houses should be venerated and kept pure, and Allaah has established them 
    for prayer, du’aa’ and i’tikaaf. If they are taken as places for immoral 
    actions with women, then this is extremely reprehensible; the hypocrites did 
    not even do that in their mosque, “masjid al-diraar! 

    Allaah says (interpretation of the meaning):

    “In houses (mosques) which Allaah has 
    ordered to be raised (to be cleaned, and to be honoured), in them His Name 
    is remembered [i.e. Adhaan, Iqaamah, Salaah(prayers), invocations, 
    recitation of the Qur’aan]. Therein glorify Him (Allaah) in the mornings and 
    in the afternoons or the evenings”

    [al-Noor 24:36]

    The “houses” referred to in this verse are 
    the mosques. 

    Ibn Katheer (may Allaah have mercy on him) 
    said:  

    Allaah has enjoined that they be raised 
    i.e., cleansed of filth, idle talk and actions, and words that are not 
    befitting therein. Qataadah said: This refers to the mosques which Allaah 
    has commanded should be built, raised, maintained and purified. There are 
    many ahaadeeth about building mosques, venerating them, respecting them, 
    perfuming them and scenting them with incense. End quote. 

    Tafseer Ibn Katheer 
    (6/62). 

    2.

    The other matter is his boasting of sin and 
    flaunting it. Committing sin in secret whilst fearing Allaah is not like 
    doing it openly, flaunting it and boasting about it. 

    See the answer to question no. 
    9562, which 
    includes the warning addressed to the one who commits sin openly and flaunts 
    it. 

    Secondly: 

    What you have to do is advise him, and 
    restrain him, and take him to some scholars and elders who can offer him 
    advice and explain to him the seriousness of his actions, because he is an 
    example for others and it is not appropriate for him to do these things. The 
    people are influenced by the imam of their mosque and they look as his 
    actions as the application of what he reads in the Qur’aan; but this advice 
    should be given with kindness and wisdom. 

    It was narrated from Tameem al-Daari (may 
    Allaah be pleased with him) that the Prophet  (peace and blessings of 
    Allaah be upon him) said: “Religion is sincerity.” We said: To whom? He 
    said: “To Allaah, to His Book, to His Messenger, and to the leaders of the 
    Muslims and their common folk.” Narrated by Muslim (55). 

    If he responds to this advice and stops the 
    evil deeds that he is doing and stops listening to evil things, then he will 
    have done well, and you will have reward for that. But if he rejects your 
    advice and persists in his evil and deviation, then you must take the next 
    steps: 

    1.

    Address a complaint to the relevant 
    authorities, which should be signed by all the worshippers in the mosque. It 
    is hoped that the authorities will take the appropriate action of warning 
    him or dismissing him from his post. 

    2.

    Prevent him from leading the prayers, if you 
    are able to do that without it resulting in more trouble or arguments among 
    the worshippers.  The Prophet  (peace and blessings of Allaah be upon 
    him) prevented a man from leading his people in prayer because he led a 
    congregation in prayer and spat in the direction of the qiblah. The Prophet 
     (peace and blessings of Allaah be upon him) said to him: “You have 
    offended Allaah and His Messenger.” Narrated by Abu Dawood (481) and classed 
    as hasan by al-Albaani in Saheeh Abi Dawood. 

    The evils that your imam has committed are 
    worse than spitting in the direction of the qiblah whilst praying. 

    3.

    If you are not able to do that, then you 
    should refrain from praying behind him in order to denounce him. If there is 
    no other mosque where you can pray, then there is no sin in your praying 
    behind him, and his sin is on himself. Praying behind an evildoer or immoral 
    person is permissible and valid, and it is better than a person praying on 
    his own. It is not permissible to forgo praying Jumu’ah prayer and prayers 
    in congregation on the basis that the imam is an evildoer or immoral 
    person. 

    Shaykh al-Islam (may Allaah have mercy on 
    him) said: 

    With regard to praying behind those who 
    follow whims and desires and innovations, and behind immoral people, there 
    is a well known difference of scholarly opinion. But the moderate opinion 
    concerning these people is that appointing one of these people to lead the 
    prayer is not permissible when it is possible to appoint someone else. If he 
    is one who commits immoral actions or innovations openly, then it is 
    obligatory to denounce him and tell him not to do that, and the minimum 
    level of denouncing is shunning him, so that he will give up his immoral 
    actions or bid’ah. Hence the majority of imams differentiated between the 
    daa’iyah and others: if a daa’iyah commits evil openly then he deserves to 
    be denounced for it, unlike the one who keeps quiet, who is like one who 
    commits sin secretly, so he should not be denounced openly, because if the 
    sin is done secretly it does not affect anyone but the one who does it; but 
    if he commits sin openly and is not denounced, then this harms everyone. End 
    quote. 

    Majmoo’ al-Fataawa 
    (23/342). 

    And he (may Allaah have mercy on him) said: 

    The imams are unanimously agreed that it is 
    makrooh to pray behind a faasiq, but they differed as to whether the prayer 
    is valid. It was said that it was not valid, as was the view of Maalik and 
    Ahmad in one of the two reports narrated from them. And it was said that it 
    is valid, as was the view of Abu Haneefah and al-Shaafa’i, and mentioned in 
    the other view from Maalik and Ahmad, but they did not dispute the fact that 
    such a one should not be appointed. End quote.  

    Majmoo’ al-Fataawa 
    (23/358). 

    See also the answer to question no. 
    47884. 

    Thirdly: 

    This imam should realize that his sin is not 
    like the sin of others, because he has knowledge of the shar’i rulings, and 
    he is leading the people in prayer which is the role of the Prophets, 
    caliphs and scholars. There is a stern warning to imams, that the imam’s 
    prayer will not be accepted if the people praying behind him hate him 
    because of his evildoing or innovation (bid’ah). 

    It was narrated that Abu Umaamah (may Allaah 
    have mercy on him) said: The Messenger of Allaah  (peace and blessings 
    of Allaah be upon him) said: “There are three whose prayer goes no further 
    than their ears: the runaway slave, until he returns; a woman whose husband 
    remains angry with her overnight; and the imam who leads people in prayer 
    when they dislike him to lead them.” 

    Narrated and classed as hasan by al-Tirmidhi 
    (360); also classed as hasan by al-Albaani in Saheeh al-Tirmidhi. 

    Al-Shawkaani (may Allaah have mercy on him) 
    said: 

    The apparent meaning of the ahaadeeth which 
    warn the one who leads people in prayer when they dislike him leading them, 
    is that his prayer will not be accepted. End quote. 

    Al-Sayl al-Jiraar 
    (1/255). 

    This imam should beware of the consequences 
    of his deeds and sins. We ask Allaah to guide him. 

    And Allaah knows best.