One Chapter 1: Following A Jurist (Taqlīd

Lesson 8: Rules of Following a Jurist

A Muslim’s belief in the fundamental principles of religion (uṣūl al-dīn) must be based on his own insight and knowledge, and he cannot follow anyone in the principles of religion. However, in the branches of religion, i.e., the practical laws or codes of practice of the religion, one must follow one of three paths:

1. If he is a Mujtahid[1], he must act according to his views.
2. If he is not a Mujtahid, he must follow a Mujtahid (i.e., he must act according to the verdict of a Mujtahid).
3. A person who is not a Mujtahid can also exercise precaution (Iḥtiyāṭ) in a way that he becomes sure to have fulfilled his responsibility (Taklīf).

Note: This precaution is difficult, so the person should follow a qualified Mujtahid (Issues 21 & 1).

A- Following (Taqlīd)

1. Following (Taqlīd), a jurist in Islamic jurisprudence, means acting according to the verdict of a Mujtahid (Issue 7).
2. It is not permissible for a Muslim to follow a Mujtahid in the fundamentals of religion (Uṣūl al‑dīn), such as monotheism, prophethood, justice, Imāmat, and resurrection. A Muslim must be certain about the fundamentals of religion (Issue 20).
3. In essential and indispensable rules such as the obligation to perform prayers, fast in Ramaḍān , Ḥajj, pay Zakāt, and the like, Taqlīd is not required (Issue 5).
4. In indisputable rulings, such as the sanctity of adultery and drinking wine, Taqlīd is not required (Issue 5).

B- Mujtahid (Islamic jurist)

A Mujtahid that people turn to learn religious rulings and follow is called “Marja Taqlīd”.

1. 1. Conditions of the Mujtahid:
2. He must be an adult (Bāligh)[2], i.e., the age of legal responsibility;
3. He must be sane (ʿĀqil);
4. He must beabsolute Mujtahid;
5. He must be twelver )Ithnā Asharī) Shia;
6. He must be living;
7. He must be of legitimate birth;
8. He must be justice (ādil);
9. He must be male (Issue 25).
10. The ways of proving justice a Mujtahid:
11. A interaction that brings knowledge and certainty;
12. The martyrdom of two just men;
13. A reputation that brings knowledge and certainty (Issue 48).
14. Ways to identify a Mujtahid and the most learned

Mujtahid (a’lam):

1. A person is himself a learned person and is able to identify a Mujtahid or the most learned (a‘lam);
2. Two learned, and just individuals confirm that someone is a Mujtahid or the most learned (a‘lam);
3. 3. A group of scholars who can distinguish a Mujtahid and the most learned, and from whose statements one gains confidence confirm that someone is a Mujtahid or the most learned (a‘lam) (Issues 22 & 23).
4. There are several ways of acquiring the verdicts (Fatwā)

of a Mujtahid:

1. Hearing it from the Mujtahid himself;
2. Hearing it from two just men who quoted the verdicts of the Mujtahid;
3. Hearing it from a trustworthy and reliable person;
4. Seeing it in the risālah (book of Islamic verdicts) of the Mujtahid;
5. Acquiring the verdicts of a Mujtahid by asking questions;
6. Fatwā became such a reputation that it brought certainty (Issue 39).
7. The Mujtahid’s lawyers and deputies are dismissed if he

dies (Issue 50).

6. It is not permitted to follow a dead Mujtahid initially

(Issue 9).

7. According to a stronger opinion, it is permissible to

continue following the dead Mujtahid. If he is most

learned (a’lam) than the living Mujtahid, it is an obligatory precaution to follow the dead Mujtahid

(Issue 8).

8. It is an obligatory precaution to follow the most learned

(a’lam) (Issue 12).

9. The most learned Mujtahid (a’lam) is someone who is

more proficient in inferring the rules of religion from the Qurān, Sunnah, consensus, and reason than other Mujtahids (Issue 19).

10. If there is a difference between fatwā of the most

learned (a’lam) and other Mujtahids (non-a’lam), if the non-a’lam’s fatwā is not in accordance with the Precaution or the fatwā of the a’lam, a person must follow the a’lam (Issue12).

11. In the following cases, it is permissible to follow a non-

a’lam Mujtahid:

1. There is no difference between the fatwā of the non-a’lam and a’lam.
2. There is a difference in fatwā between a‘lam and non-a’lam, but the fatwā of non-a’lam is in accordance with precaution.
3. Fatwā of a non-a’lam differs from fatwā of a living a’lam, but fatwā of a non-a’lam is in accordance with fatwā of a dead a’lam.
4. If there is no fatwā on an issue for a’lam, obtaining a ruling from a non-a’lam is permissible (Issue 15).

C – Follower (Muqallid[3])

A Muqallid is someone who refers to a Mujtahid to know Islamic laws.

1. If an ignorant someone performs his actions without

following a Mujtahid,  his actions are invalid. But in the following cases, his actions are valid:a) His actions were performed in actual fact correctly;b) They happened to be in accordance with the fatwā of the Mujtahid, whom he must have imitated at the time of performing those actions.

1. c) His actions of worship were performed with the intention of proximity to Allāh (Issue 6).
2. It is obligatory for a follower to learn the Masāi’ll (rules)

which are needed in his daily life usually.

3. It is obligatory for a person to know the components,

conditions, and preliminaries of worship (Issue 30).

Question:

What is the duty of someone who was previously an imitator of Grand Ayatollah Mohaghegh Kabuli (RA)?

Answer:

It is permissible for believers to continue following him.

Exercises:

1. What is the following (Taqlīd)?
2. What cases the following is not permitted?
3. What are the conditions of a Mujtahid?
4. In what conditions is it permissible to follow a non-a’lam Mujtahid?

[1]. The Mujtahid is a jurist who can infer and deduce divine laws from religious sources. The level of knowledge of Islamic laws is called “ijtihad”.

[2]. The signs of maturity are one of these three signs: 1) Completion of fifteen lunar years for boys, and nine lunar years for girls; 2) Discharge of semen; 3) When coarse hair grows below the navel and above the private part (Issue 2399).

[3]. A person who is legally obligated to fulfill religious duties.