The Ẓāhirīs attempted to justify the leadership of an openly sinful person by appealing to the general purport of the Prophet’s words—peace and blessings be upon him: “The one who is most versed in the Qur’an shall lead the people.” They argued that the ḥadīth draws no distinction between a sinner and one who is free of sin. Yet to adduce a general text for a matter lying beyond its intended scope is a weak line of proof. Some of them further distinguished between a sin that violates one of the conditions for a valid prayer and a sin that lies outside the prayer altogether, on the principle that the only requirement in an imām is that his own prayer be sound.

Issue Four
The jurists also differed over a woman’s imamate. The majority maintain that it is impermissible for her to lead men. They disagreed, however, about her leading women: al-Shāfiʿī allowed it, while Mālik forbade it. Abū Thawr and al-Ṭabarī departed from the majority and permitted her leadership without restriction.

The consensus against her leading men rests on two considerations: had it been permissible, the practice would have been transmitted from the first generation; and because the Sunnah assigns women a place behind the men in prayer, it is understood that they may not precede them, in keeping with the Prophet’s—peace and blessings be upon him—statement, “Keep them back to the place where God has kept them.” For the same reason, some scholars permitted a woman to lead other women, since they are of equal rank within the prayer, and this, too, is reported from certain early Muslims. Those who allowed her leadership relied on the ḥadīth related by Abū Dāwūd concerning Umm Waraqah: “The Messenger of God—peace and blessings be upon him—used to visit her in her home; he appointed a caller to prayer for her and commanded her to lead the members of her household.”

There are many other questions in this section—namely, their disagreements over the qualities required in an imām—which we have omitted because the revealed Law is silent concerning them.

The Judge said: Our purpose in this book is only to mention issues that are explicitly transmitted, or that bear a close relation to what is transmitted.

[Legal Rulings Peculiar to the Imām]
As for the rulings specific to the imām, four questions derived from the sacred texts pertain to him:

1. Does the imām say “Āmīn” after concluding the Opening Chapter, or is that confined to the congregation?
2. When does he pronounce the opening takbīr?
3. If he falters in his recitation, may he be prompted or not?
4. May his place be higher than that of the followers?

Regarding the first—whether the imām says “Āmīn” after completing the Opening Chapter—Mālik, according to the narration of Ibn al-Qāsim and the Egyptian scholars, held that he does not. The majority of jurists maintain that he does, just as the worshippers do, and this is also a narration from Mālik transmitted by the scholars of Madinah.