Taudhihul Masael [Electronic resources] نسخه متنی

FOLLOWING A MUJTAHID

1. It is necessary for a Muslim to believe in the fundamentals of faith on the
basis of proof and he cannot follow anyone in this respect i.e. he cannot accept
the word of another with regard to the fundamentals without demanding proof.
However, in order to act on Islamic code (except in those matters which are
considered by all to be undisputable e.g. the obligatory nature of the five
daily prayers, fasting during the holy month of Ramadhan etc.) a person must
adopt one of the following methods:

i) The man concerned should be a Mujtahid (jurist) himself and should be knowing
the Articles of Acts on the basis of Ijtehad and reason (i.e. he should be a
man of such high learning and scholarship that he can solve problems from his
study of Qur'an and Hadith).

(ii) If he is not a jurist himself he should follow a jurist i.e. he should
act according to the judgement (Fatwa) of the jurist without demanding proof.

(iii) If he is neither a jurist nor a follower (Muqallid) he should act after
taking such precaution that he should become sure of his having performed his
religious duty. For example, if some jurists consider an act to be unlawful
and some others say that it is not unlawful he should not perform that act and
in case some jurists consider an act to be obligatory (Wajib) and others consider
it to be recommended (Mustahab) he should perform it. Hence, it is obligatory
for those persons who are not jurists and cannot also take precautionary measures
(Ihtiyat) to follow a jurist.

2. Following (Taqlid) means acting according to the judgement of a jurist. It
is necessary that the jurist who is followed is male, Shi'ah Ithna Ash'ari,
adult, sane, legitimate, alive and just (Adil). A person is said to be just
when he performs all those acts which are obligatory for him and refrains from
all those things which are prohibited for him. And the sign of a man's being
just is that he is apparently a good man so that if enquiries are made about
him from the people of that locality or from his neighbors or from those persons
with whom he associates they should confirm his goodness. And if it is known
that the judgements of the jurists differ with regard to the problems which
we face in every day Life, it is necessary that the jurist who is followed should
be A'lam (the most learned jurist) who possesses better capacity to understand
religious matters as compared with his contemporary jurists.

3. There are three ways of identifying a jurist or the most learned jurist:

(i) When a person, personally believes that such and such person is a jurist
or the most learned jurist. For confirming this he should be a learned person
himself and should possess the capacity to identify a jurist or the most learned
jurist

(ii) When two persons, who are learned and just and possess the capacity to
identify a jurist or the most learned jurist, should certify to a person's being
a jurist or the most learned jurist, provided that two other learned and just
persons do not contradict them. And apparently the fact of a person's being
a jurist or the most learned jurist is also proved by the statement of only
one person who is reliable.

(iii) When many learned persons who possess the capacity to identify a jurist
or the most learned jurist should certify to a person's being jurist or the
most learned jurist and when one is satisfied by their statement.

4. If it is not possible to identify the most learned jurist on account of some
difference of opinions among the jurists, a person should take precautionary
measures and if it is not possible to do so he should follow that jurist whom
he himself considers to be the most learned jurist. In fact even if there is
a weak possibility of a person being the most learned jurist and one knows that
as compared with him there is no other most learned jurist one should follow
that jurist.

5. There are four ways of obtaining the judgement of a jurist:

(i) When a man hears the judgement direct from the jurist himself.

(ii) When the judgement of the jurist is quoted by two just persons.

(iii) When a man hears the judgement of a jurist from a person whose statement
satisfies him.

(iv) By reading the judgement of a jurist in a book written by him on various
problems (Masail) provided the reader is satisfied about the authenticity of
the book.

6. So long as a person is not satisfied that the judgement of the jurist has
been changed he can act according to what is written in his book. And if there
is a possibility that the judgement has been changed investigation in the matter
is not necessary.

7. If the most learned jurist gives a judgement about some matter his follower
cannot act in that matter on the judgement of another jurist. However if he
does not give a judgement and says that according to precaution (Ihtiyat) a
man should act in such and such a manner, for example if he says that as a pre-
cautionary measure in the first and second Rak'at (unit) of the prayers he should
read a complete Chapter (Surah) after the Chapter of "Hamd", the follower may
either act on this pre- caution which is called obligatory precaution (Ihtiyat
Wajib) or he may act on the judgement of another jurist whom it is permissible
to follow. Hence, if he (the second jurist) considers only "Surah Hamd" to be
enough he (the person offering prayers) may drop the second Surah. The position
will also be he same if the most learned jurist says that the matter needs deliberation
(Ta'mmul) or is objectionable (Ishkal).

8. If the most learned jurist observes precaution after or before giving a judgement
about a matter - for example, if he says that if an impure vessel is washed
once with Kurr water about 388 liters) it become pure, although as precautionary
measure it should be washed thrice, his follower can abandon acting according
to the precaution. This precaution is called recommended precaution (Ihtiyat
Mustahab)

9. If a jurist, who is followed by a person, dies and the follower has committed
his judgements to memory, he can act n them as he acted during his life time.
However, if he had not committed his judgements to memory or has forgotten hem
he must refer to a jurist who is alive.

10. If a person commits to memory the judgements of a jurist about some problems
and after the death of that jurist he follows a Living jurist in that matter
according to his duty he cannot act again upon the judgements of the jurist
who has passed away.

11. It is obligatory for a follower to learn the judgements about the problems
which are faced by him usually.

12. If a person faces a problem, about which the orders are not known to him,
it is necessary for him to observe precaution or to follow a jurist according
to the conditions mentioned above. However, if he is aware of the difference
of opinions between the most learned jurist and the jurist, and it is not possible
to postpone the matter or to act according to precaution, and it is also not
possible to approach the most learned jurist, it is permissible to follow a
jurist who is not the most learned jurist.

13. If a person informs another person about the judgement of a jurist and then
that judgement is changed, it is not necessary for him to inform that person
that the judgement of that jurist has been changed. However, if after informing
that person about the judgement he comes to know that he has made some mistake
in reporting the judgement, he should rectify that mistake, if possible.

14. If a person performs various acts for some time without following a jurist
and later follows a jurist, his former actions will be valid if that jurist
declares them to be valid, but otherwise they will have to be treated as invalid.