Seyyid Ali Al Sistani
1. it's necessary for a Muslim to believe in the basics of religion along with his own insight and understanding, and he cannot follow anyone in this respect i.e. he cannot accept the word of another WHO knows, simply because he has aforesaid it. However, one WHO has faith within the true tenets of Islam, and manifests it by his deeds, is a Muslim and Mo'min, notwithstanding he's not terribly profound, and also the laws associated with a Muslim will hold sensible for him. In matters of religious laws, except for those clearly defined, or ones which square measure indisputable, someone must:
either be a Mujtahid (jurist) himself, capable of inferring and deducing from the non secular sources and evidence;
or if he's not a Mujtahid himself, he ought to follow one, i.e. he ought to act accordi nanogram to the verdicts (Fatwa) of the Mujtahid;
or if he's neither a Mujtahid nor a disciple (Muqallid), he ought to act on such precaution which ought to assure him that he has consummated his non secular obligation. for example, if some Mujtahids take into account associate act to be haraam, whereas others say that it's not, he shouldn't perform that act. Similarly, if some Mujtahid take into account associate act to be obligatory (Wajib) whereas others take into account it to be counseled (Mustahab), he ought to perform it. Therefore, it's obligatory upon those persons WHO square measure neither Mujta hids, nor ready to act on precautional measures (Ihtiyat), to follow a Mujtahid.
Mujtahid is a jurist competent enough to deduce precise inferences relating to the commandments from the holy Qur'an and also the Sunna of the holy Prophet by the method of ijtihad. ijtihad virtually means that nisus and exerting. Technically as a term of jurisprudence it signifies the appliance by a jurist of all his faculties to the thought of the authorities of law with a view to looking for what all told likelihood is that the law. In different words ijtihad means that creating deductions in matters of law, within the cases to which no express text is applicable. (See, Baqir Sadr, a brief History of 'llmul Usul, ISP, 1984).
2. Taqlid in non secular laws means that acting according to the decision of a Mujtahid. it's necessary for the Mujtahid WHO is followed, to be male, Shi'ah Ithna Ash'ari, adult, sane, of legitimate birth, living and just ('Adil). someone is said to be just whe n he performs all those acts which square measure obligatory upon him, and refrains from all those things which square measure tabu to him. and also the sign of being just is that one is seemingly of an honest character, so if enquiries square measure created regarding him from the folks of his neck of the woods, or from his neighbours, or from those persons with whom he lives, they'd confirm his sensible conduct.
And if one knows that the verdicts of the Mujtahids take issue with relevance the issues which we tend to face in daily life, it's necessary t hat the Mujtahid WHO is followed be A'lam (the most learned), WHO is more capable of understanding the divine laws than any of the up to date Mujtahids.
3. There square measure 3 ways of identifying a Mujtahid, and also the A'alam:
when someone is for certain that a selected person is a Mujtahid, or the foremost learned one. For this, he ought to be a initiate himself, and should possess the capability to spot a Mujtahid or associate A'alam;
when 2 persons, WHO square measure learned and just and possess the capability to spot a Mujtahid or the A'alam, confirm that someone is a Mujtahid or associate A'lam, only if 2 different learned and just persons don't contradict them. In fact, being a Mujt ahid or associate A'lam may be established by a press release of only one trusty and reliable person;
when variety of learned persons WHO possess the capability to spot a Mujtahid or associate A'lam, certify that a selected person is a Mujtahid or associate A'lam, only if one is satisfied by their statement.
4. If one typically knows that the verdicts of Mujtahids do vary in day to day matters, and additionally that some of the Mujtahids square measure more capable than the others, however is unable to spot the foremost learned one, then he ought to act on precaution supported t heir verdicts. And if he's unable to act on precaution, then he ought to follow a Mujtahid he supposes to be the foremost learned. And if decides that they're all of equal stature, then he encompasses a choice.
5. There square measure four ways of obtaining the verdicts of a Mujtahid:
When a person hears from the Mujtahid himself.
When the decision of the Mujtahid is quoted by 2 just persons.
When a person hears the decision from someone whose statement satisfies him.
By reading the Mujtahid's book of Masae'l, only if, one is satisfied regarding the correctness of the book.
6. As long as someone is for certain that the decision of the Mujtahid has not changed, he will act according to what is written within the Mujtahid's book. And if he suspects that the decision might have been changed, investigation therein matter isn't necessary .
7. If associate A'lam Mujtahid gives a opinion on some matter, his follower cannot act therein matter on the opinion of another Mujtahid. however if he doesn't give a opinion, and expresses a precaution (Ihtiyat) that a person ought to act in such and such a fashion, for exam ple if he says that as a precautional measure, within the first and second Rak'at of the namaz he ought to read a whole Surah after the Surah of "Hamd", the follower might either act on this precaution, which is named obligatory precaution (Ihtiyat Wajib), or he might act on the opinion of another Mujtahid WHO it's permissible to follow.
Hence, if he (the second Mujtahid) rules that only "Surah Hamd" is enough, he (the person giving prayers) might drop the second Surah. The position will be identical if the A'a lam Mujtahid expresses terms like Ta'mmul or Ishkal.
8. If the A'lam Mujtahid observes precaution after or before having given a opinion, for example, if he says that if Najis vessel is washed once with Kurr water (about 388 litres), it becomes Pak, although as precautional measure, it ought to be washed thre e times, his followers will abandon acting according to this precaution. This precaution is named counseled precaution (Ihtiyat Mustahab).
9. If a Mujtahid, WHO is followed by someone dies, his class will be identical as when he was alive. supported this, if he's more learned than a living Mujtahid, the follower WHO encompasses a general notion regarding the variation within the day to day Masae'l, should still stay in his taqlid. And if the living Mujtahid is more learned, then the follower should address him for taqlid. The term 'taqlid' used here implies only associate intention to follow a selected Mujtahid, and doesn't embrace having acted acco rding to his opinion.
10. If someone acts according to the opinion of a Mujtahid in certain matter, and after the death of that Mujtahid, he follows a living Mujtahid therein matter according to his obligation, he cannot act once more according to the opinion of the dead Mujtahid.
11. it's obligatory for a disciple to be told the Masae'l which square measure of daily importance.
12. If someone faces a drag whose rule isn't identified to him, it's necessary for him to exercise precaution, or to follow a Mujtahid according to the conditions mentioned above. however if he cannot obtain the ruling of associate A'lam Mujtahid on that matt er, he's allowed to follow a non-A'lam Mujtahid, notwithstanding he encompasses a general notion regarding the distinction between the verdicts.
13. If someone relates the opinion of a Mujtahid to someone, so that opinion is modified, it's not necessary for him to tell that person regarding the change. however if he realises after having related the opinion that he had created an error, and also the error would lead someone to contradicting the laws of Islamic law, then as associate obligatory precaution, he ought to do his best to rectify the error.
14. If someone performs his acts for some time while not taqlid of a Mujtahid, and later follows a Mujtahid, his former actions will be valid if that Mujtahid declares them to be valid, otherwise they'll be treated as void.
