Rulings of Taqlid

Following a Mujtahid or Jurist

1. It is necessary for a Muslim to believe in the fundamental faith of Islam with his own insight and rationality, and he cannot follow anyone in this respect, i.e. without any rational reason, he cannot accept the word of another who knows, simply because he said it. However, it is enough to call a person a Muslim, even if by the words of others, a person becomes assure about the true tenets of Islam. In matters of religious laws, a person must either be a Mujtahid (jurist) himself, capable of inferring and deducing from the religious sources and evidence; or if he is not a Mujtahid himself, he should follow one, i.e. he should act according to the verdicts (Fatwa) of the Mujtahid; or he should act on such precaution which should assure him that he has fulfilled his religious obligation. For example, if a group of Mujtahids consider an act to be Haraam, while others say that it is not Haraam, he should not perform that act. Similarly, if a few Mujtahids consider an act to be obligatory (Wajib) while others consider it to be recommended (Mustahab), he should perform it. Therefore, it is obligatory upon those who are neither Mujtahids, nor able to act on precautionary measures (Ihtiyat), to follow a Mujtahid.

2. Taqlid in religious laws means to know the Fatwas of a Mujtahid and acting according to it. It is necessary for the Mujtahid who is followed, to be male, adult, sane, Shi'ah Ithna Ash'ari, of legitimate birth, living and just ('Adil). A person is said to be just when he performs all those acts which are obligatory upon him, and refrains from all those things which are forbidden to him habitually. Habitually being just means that a person is forced towards the submission to Allah Almighty and abandonment of sin by that habit. And the sign of being just is that one is apparently of a good character, so that if enquiries are made about him from the people of his locality, or from his neighbors, or from those persons with whom he lives, they would confirm his good conduct. And if one knows that the Fatwas of

his Mujtahid differs from another Mujtahid with regard to a problem, as per obligatory precaution, it is necessary that the other Mujtahid is not supposed to be A’alam (the most learned) than the Mujtahid whom he follows. In case, if the verdict of the non – A’alam Mujtahid is close to precautionary measures (Ihtiyat) or the verdict of A’alam Mujtahid is uncommon or rare, a person should act according to the Fatwa which is closer to precautionary measures. And A’alam is someone who is more capable of understanding the divine laws than any of the contemporary Mujtahids

 3. There are three ways of identifying a Mujtahid, and the A’alam:

Firstly, a person should be certain that a particular person is a Mujtahid, for this, he should be a learned person himself, and should possess the capability to identify a Mujtahid or an A’alam;

Secondly, when two persons, who are learned and just and possess the capability to identify a Mujtahid or the A’alam, confirm that a person is a Mujtahid or an A’alam, provided that two other learned and just persons do not contradict them.

 Thirdly, when a number of learned persons who possess the capability to identify a Mujtahid or an A’alam, certify that a particular person is a Mujtahid or an A’alam, provided that one is satisfied by their statement.

 4. If one is not able to recognise the A’alam, a person can follow a Mujtahid whom he thinks is an A’alam (the more learned) than others, or his Fatwa does not contradict with the Fatwa of an A’alam. If one thinks that there is more than one A’alam or they are equal in being the most learned, in that case, he can follow anyone of them, however, it is recommended to follow the more pious one.

 5. There are four ways of obtaining the Fatwas of a Mujtahid:

Hearing from the Mujtahid himself.
When the Fatwas of the Mujtahid is quoted by two just persons.
When a man hears the Fatwas from a person whose statement gives him satisfaction.
By reading the Mujtahid's book of Practical Laws (Tau’dheeh Al- Masa’el), provided that, one is satisfied about the authenticity of the book.

6. As long as a person is certain that the Fatwa of the Mujtahid has not changed, he can act according to what is written in the book of Practical Laws. And if he suspects that the Fatwa might have been changed, investigation in that matter is not necessary.

7. If an A'alam Mujtahid gives a Fatwa on some issue, his follower cannot act in that matter on the Fatwa of another Mujtahid. But if he does not gives a Fatwa, and expresses a precaution (Ihtiyat) that a man should act in such and such a manner, for example if he says that as a precautionary measure, in the third and forth Rak'at of the namaz he should recite Tasbiha’t Al-Arba’a (Subhan Allahi, wa Alhamdo Lillahi, wa La Ilaha illallahi, wallaho Akbar) three times, the follower may either act on this precaution, which is called obligatory precaution (Ihtiyat Wajib) and recite the Tasbiha’t Al-Arba’a three times, or he may act on the Fatwa of another Mujtahid who is less knowledgeable than A’alam and more knowledgeable than other Mujtahids. Hence, if he (the second Mujtahid) gives the verdict that reciting Tasbiha’t Al-Arba’a once is enough, then he (the person offering prayers) does not have to recite three times. If the A'alam Mujtahid expresses terms like Ta'mmul or Ishkal, the person will act as it has been mentioned above.

 8. If the A’alam Mujtahid observes precaution after giving a verdict, for example, if he says that reciting Tasbiha’t Al-Arba’a once in third and fourth Rak’at is enough, although as precautionary measure, it should be recited three times; his followers can act or can abandon acting according to this precaution. This precaution is called recommended precaution (Ihtiyat Mustahab).

9. If a Mujtahid, who is followed by a person, dies, a person should follow a Mujtahid who is alive. However, if a person was acting according to the Fatwas of the dead Mujtahid and he did not act in that particular matter according to the living Mujtahid, in that case he can follow the Fatwas of dead Mujtahid, and he may also act according to Fatwa of the dead Mujtahid in other issues too. As per precautionary measure it is obligatory to follow the dead Mujtahid, if the dead Mujtahid is more learned than a living Mujtahid. And if the living Mujtahid is more learned, then it is obligatory that follower must turn to him for taqlid.

10. If a person acts according to the fatwa of a Mujtahid in a certain matter, and after the death of that Mujtahid, he follows a living Mujtahid in that matter according to his obligation; he cannot act again according to the fatwa of the dead Mujtahid. However, if the living Mujtahid does not give a Fatwa in a particular matter and asks the followers to act according to the precautionary measures, and for sometimes the follower acts according to the precaution, in that particular matter, if the dead Mujtahid has given a Fatwa, the follower can follow the dead Mujtahid. For example, if the dead Mujtahid gives a Fatwa that it is enough torecite Tasbiha’t Al-Arba’a (Subhan Allahi, wa Alhamdo Lillahi, wa La Ilaha illallahi, wallaho Akbar) once in the third and fourth Rak’at and the follower acts accordingly for a while, since the living Mujtahid says that as per obligatory precaution it should be recited

three times and the follower acted accordingly and have started to recite three times, in such case he can act according to the Fatwa of dead Mujtahid and can recite Tasbiha’t Al-Arba’a once in third and fourth Rak’at.

11. It is obligatory for a follower to know the Fatwas of Masa’el which are of day-to-day importance.

12. If a person faces a problem in which the Fatwa of an A’alam is not known to him, if he is not aware of the contradiction of the Fatwa of non A’alam with A’alam or the Fatwa of non A’alam is according to the precautionary measures, in such matter, he is allowed to follow a non-A'alam Mujtahid, and he can also perform his duties as per precaution.

13. If a person conveys the Fatwa of a Mujtahid to someone, and then, that particular Fatwa changes, it is not necessary for him to inform that person about the change. But if he realizes after having related the fatwa that he had made an error, then he should do his best to rectify the error.

14. If a person performs his acts for some time without taqlid of a Mujtahid, and later follows a Mujtahid, his former actions will be valid if it has been performed the way it was supposed to be; if the actions were regarding prayers (Ibadat) then all those acts have to be performed with the intention of seeking Allah’s nearness (Qurba’tan ila Allah). The ways of finding out the correctness of the former actions are that either he finds out that he performed his duty the way it was supposed to be performed or that he has performed according to the Fatwa of the Mujtahid whom he is liable to follow at present.