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The Three Options: Ihtiyat, Ijtihad, and Taqlid
Conditions of Taqlid
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Taqleed (following) in principles of religion is not permissible, and a Muslim should be certain about principles of the religion, and regarding other rules, he must either be a Mujtahid (authority) and act according to his own ruling or follow a Mujtahid, in other words, follow Mujtahid’s ruling.
A Mukallaf (one who has reached the age of maturity and thus has become obliged for performing the Islamic duties) who is obliged to Taqleed, if he acts against Taqleed, his actions are invalid.
It is obligatory to follow a Mujtahid who is an adult male, sane, Shiah Ithna Ashari (believing in 12 Imams), of legitimate birth, living and just. A person is said to be just when he performs obligatory acts and is able to refrain from committing major sins and in addition to that, he has Murawwat (virtue) which is proved by apparent good character. An obligatory precaution is that Marja’ (Islamic authority) should not be greedy for material world and it is necessary that the Mujtahid who is followed be A’alam or the most learned. In other words, he should be able to understand Allah’s commandments better than all other Mujtahids in his time.
There are three ways to obtain the Fatwa (religious commandment) of Mujtahid:
First, hearing from Mujtahid directly; \
Second, Fatwa of Mujtahid in quoted by two just persons. Confirmation by one person is not enough unless his statement is so valid as to bring certainty and awareness;
Third, referring to a Fatwa in Resalah of a Mujtahid .
Taqleed (following) is only necessary in obligatory and prohibited acts, but Taqleed in recommendatory acts (Mustahabat) is not obligatory, unless there is Mustahab act which is possible of being considered as obligatory.
The Three Options: Ihtiyat, Ijtihad, and Taqlid
Question Is the necessity of following a qualified jurist authority itself based on taqlid or is it grounded on personal judgement?
A: It is a matter concluded based on personal judgement and reason.
Question Is it better, in your opinion, to act with precaution [ihtiyat] or to follow a marja?
A: Since precautious action is dependent upon the knowledge of cases that call for precaution and its method, and there are few people who have this sort of knowledge, and moreover, since precautious action often consumes more time it is preferable to follow a qualified mujtahid [Islamic Jurist].
Question What are the limits of precaution in rules with respect to the verdicts of Islamic jurists? Is it obligatory to take consideration the verdicts of the past jurists as well?
A: In cases where it is obligatory, precaution means observance of all juristic [fiqh] probabilities of the case which should presumably be taken into considerations.
Question My daughter will reach the age of obligation [taklif] approximately in a few weeks, and consequently, she will have to select a marja'. Since she has some difficulty understanding this matter, please kindly advise us about our duty in this respect?
A : If she does not pay attention to her religous obligation in this regard, you duty towards her will be to remind, guide, and show the way.
Question : It is generally thought that the identification of the subject of a rule is a responsibility of the mukallaf [individual who is bound by religous obligations] whereas the determination of the rule itself is a duty of the mujtahid. In view of this matter, what should be done with respect to the identifications of subject reached by the marja'? Is it obligatory to act upon them, for we observe in many cases that he intervenes in this aspect as well?
A: The responsibility to identify the subject rests with the mukallaf. Therefore, it will not be obligatory upon him to follow the judgement of his mujtahid unless he can trust it or the subject is one of those that should be indetified through juristic inference.
Question : In cases where the most learned mujtahid takes precautions as an obligatory measure [ihtiyat wajib or obligatory precautions], we can refer to a mujtahid who is most learned after him. Our question is that if the second most learned mujtahid also calls for obligatory precaution, will it be permissible to refer to someone who is the most knowledgeable one after the previous two mujtahids and on? Please explain this problem's rule.
A: There is no problem in referring to a mujtahid who does not call for obligatory precaution, and instead, has a clear-cut verdict on the issue provided that the order of a'lamiyyah is observed.
Question : It is permissible to follow an Islamic jurist who is not a marja' and does not have a risalah?
A: If it is proved for the mukkallaf, who wants to follow this jurist, that he is a qualified mujtahid, there will be no problem in following him.
Question : Is it permissible to follow the scholars of other countries even if they cannot be possibly reached?
A: Following a qualified jurist in manners pertaining to Islamic law does not require that he comes from, and reside in , mukallaf's country.
Question : According to the opinion of the late Imam [Khomeini] (q), a marja' should know, in addition to the rules of the rites of worship [ibadat] and transactions [mu'amalat], also all political, economic, military, social, and leadership matters. We used to follow the late Imam Khomeini (q) and now, upon the guidance of some respected scholars as well as what we found out ourselves, we feel obliged to refer to you for taqlid. In this way we combine both leadership and marja'iyyah. What is your opinion in this regard?
A: The requirements for the eligibility of a marja'-with respect to the issues in which he must be followed by those non-mujtahids who do not act based on precaution - are mentioned in detail in tahrir al-Wasilah and other books. The verification of these qualifications and the indentification of the jurist who may be followed depend on mukallaf's judgement.
Question : Is it required in following a marja' that he should be the most learned jurist of his time [a'lamiyyah] and what are the criteria and causes of this requirements?
A: It is more
precautious [ahwat] to follow the most learned mujtahid with respect to issues
on which his verdict differ from those of others.
The criterion for a'lamiyyah is greater competence of the marja', compared to
other mujtahids, in the following realms: 1)identification of the rules of
God, the Exalted; 2) inference of the divine obligations from their proofs;
and 3) familiarity with the situation of his time insofar as it affects the
identification of the subjects of religous rules and influences the expression
of juristic opinion needed for the clarification of religous duties - a
requirment that plays some role in ijtihad as well.
Question : What is your opinion on the a'lamiyyah of the Islamic jurist who should be followed? and what is your proof for such an opinion?
A: If there are several jurists who are qualified for issuing verdict and their verdicts are different it will be obligatory on the non-jurist mukallaf, according to greater precaution, to follow the most learned unless his verdict is against precaution whereas the non-a'lam's verdict agrees with it. The basis for this view is the rational practice [bina' aluqala'] along with the ruling of reason as for the issue's circulation, then, between specific and elective obligations [ta'yin and takhyir].
Question : Concerning taqlid issue, whom should we follow?
A: It is obligatory to follow a mujtahid who all requirments needed for issuing verdict and functions as a marja' and, on a more precautious basis, is the most learned as well.
Question : Is it permissible to begin taqlid for the first time [taqlid ibtida'i] with following a deceased marja?
A: Precaution should not be overlooked in following a live, a'lam jurist when one would like to begin taqlid for the first time.
Question What are the methods for selecting a marja' and obtaining his verdicts?
A: The
juristic expertise [ijtihad] or a'lamiyyah of a marja' should be verified by
way of either testing, obtaining certainty - even if through a reputation that
produces certainty - confidence, or the testimony of two adil experts.
Marja's verdict should be obtained through either hearing from him, quotation
by two (or even one) adils or by a reliable person whose statement produces
confidence, or referring to the marja's risalah, the authenticity of which has
been approved by him.
Question We had obtained the permission of a non-a 'lam to continue following a deceased marja’. In case that the permission of the most learned Jurist [a 'lam} was required in this matter, is it now obligatory to switch to the most learned Jurist and seek his permission to continue following the deceased marja’?
A: If non-a'lam's verdict on this matter is consistent with a 'lam 's verdict, there will be no problem m following it and no need to switch to the a'lam.
Question : Is it permissible to switch, in following, from the most learned Jurist with respect to new issues in case that he is unable to deduce their correct rules from their detailed proofs?
A: If the mukallaf does not wish to act precautiously with respect to the issue or it is impossible for him to do so and he finds another mujtahid who has a verdict regarding that issue, it -will be obligatory on him to switch to that mujtahid with respect to that issue.
Question To stop acting upon one of Imam Khomeini’s (q) verdicts, is it obligatory on me to refer to the verdict of the mujtahid whose permission I obtained in order to continue following a deceased mujtahid, or may I refer to other mujtahids too?
A: 'Udul does not require any permission, therefore, one may switch to a mujtahid who meets the requirements for the correctness of taqlid.
Question: May one switch from the a'lam to a non-a’lam?
A: Switching is against precaution, and rather, impermissible - on a more precautious basis [ahwat] - when a'lam's verdict on the issue disagrees with non-a'lam's verdict.
Question : I continued to follow Imam Khomeini (q) based on the verdict of a prominent mujtahid. When I came to know your verdicts on religious issues and your esteemed opinion about continuing to follow the late Imam [Khomeini] (q) I stopped following the aforesaid verdict and began acting upon the verdicts of the late Imam (q) along with those of yours. Is there any problem in this 'udul of mine?
A: Switching, in taqlid, from one living mujtahid to another is permissible and becomes obligatory, on a more precautious basis, if the second mujtahid is more knowledgeable, in the mukallaf's view than the first one provided that his verdict on the matter differs from the verdict of the first mujtahid.
Question : Is it permissible for me to switch back and forth between a deceased mujtahid and the living a 'lam with respect to an issue on which they have different opinions?
A: It is permissible to keep following a deceased marja \ but once you switch from him to a living mujtahid, it will not be permissible to switch back to the deceased one.
Question What is the duty of the follower of a marja' when another marja’ is recognized to be the most learned mujtahid?
A: It is obligatory, as a matter of precaution, to switch from the marja' "who is currently followed to the one who is a'lam with respect to issues on which the verdict of the present marja’ disagrees with that of the a 'lam.
Miscellaneous Issues of Taqlid
Question : What is meant by 'jahil muqassir' [ignorant out of negligence]?
A: Jahil muqassir is someone who realizes his ignorance and knows the possible methods by which he can overcome his ignorance but does not employ those methods.
Question Who is a 'jahil qasir’ [ignorant out of incapacity]?
A: Jahil qasir is someone who is not at all aware of his ignorance or is ware of it but does not know the ways to overcome it.
Question : What does obligatory precaution [ihtiyat wajib] mean?
A: It means the necessity [wujub] of performing an action or refraining from it by way of precaution.
Question : What is the difference between the terms 'impermissible' and 'unlawful' [haram]?
A: There is practically no difference between them.
Question: When the verdict of the Leader [Wali al-amr] of Muslims on social, political, and cultural issues disagrees with that of another marja' what is the religious obligation of Muslims and what is obligatory on them to do. Is there any dividing line between verdicts issued by marja's and those issued by the Jurist Leader [wali faqih]? For example, if the opinion of a marja' concerning music differs with that of Jurist Leader which one will be sufficient [muji] and obligatory to follow? and, in general, what are the rules relating to governance [al-ahkam al-hukumiyyah] regarding which the verdict of Jurist Leader has priority over that of a marja?
A: The rulings of the Leader of Muslims must be followed with respect to the issues relating to the administration of Islamic country and general affairs of Muslims, and every mukallaf may follow his marja’ in issues with a purely individual character.
Question 56: As you know, there is a discussion in usul al-fiqh [the theory and methodology of Islamic jurisprudence] on a subject called 'specialized [mutajazzif] ijtihad'. Is not Imam Khomein’s (q) separation of marja'iyyah from leadership considered a step toward the actualization of specialization [tajazzi]?
A: Separation between the leadership and marja 'iyyah of Jurist Leader has nothing to do with the issue of specialization of ijtihad.
Question If the Leader of Muslims declares war against the tyrant infidels or calls for jihad whereas the marja' that I follow does not allow me to participate in the war, should I follow the marja's opinion?
A: It is obligatory to obey the orders of the Leader of Muslims with regard to public affairs including defense of Islam and Muslims against infidels and aggressors.
Question: To what extent is the order [hukm] or verdict of Jurist Leader applicable; and when it conflicts with the a'lam's opinion which one is to be acted upon given priority?
A: It is obligatory on all to obey the order of the Leader of Muslims and the conflicted verdict of marja' may not supersede it.
Authority of the Jurist Leader [Wilayat al' Faqih] and the Command of the Ruler
Question : Is the belief in the principle of the leadership of faqih, with respect to its concept and exemplification, based on reason or derived from Islamic law [Shari’ah]?
A: Wilayah al-faqih - i.e., the rule of a virtuous [adil] jurist "who is learned in the religion - is a devotional [ta'abbudi] religious precept that is confirmed by reason as -well. There is a rational method/or determining the outer exemplification of this concept which is elaborated in the Constitution of the Islamic Republic of Iran.
Question : Are religious rules alterable and revocable in case that the Jurist Leader is led by the public interest of Islam and Muslims to issue an order that contradicts them?
A: Cases differ.
Question : Should the communication media in the islamic State be supervised by the Jurist Leader or by the center of islamic learning or by some other organization?
A: They should be run under the direction and supervision of the Leader of Muslims in the service of Islam and Muslims and dissemination of the devine teachings and used for solving the problems of the Islamic society and for its intellectual development and the promotion of the spirit of brotherhood and solidarity amongst Muslims, and so forth.
Question : Could someone who does not believe in the absolute authority [wilayah] of Jurist Leader consider a true Muslim?
A: The lack of belief, whether based on ijtihad or taqlid, in the absolute authority of Jurist Leader during the period of occultation of the Imam, the Hujjah[God's token]-may our souls be sacrifices for his cause - does not lead to apostasy[irtidad] and expulsion from the pale of Islam.
Question : Does the Jurist Leader enjoy an authority by creation [al-wilayah al-takwiniyyah] that enables him to abrogate [naskh] religious laws for such reasons as public interest?
A: Abrogation of the rules of Islamic Shari'ah after the demise of the Greatest Messenger (s) is impossible. Change in the subject, the emergence of necessity and exigency, or the existence of a temporary obstacle in the way of a rule's implementation do not constitute abrogation. According to its proponents, authority by creation is exclusive to the Infallibles
Question : What is our duty toward those who think that the authority of the virtuous Jurist Leader is restricted only to personal [hisbi] affairs, given that some of their representatives propagate their belief?
A: The authority [wilayah] of Jurist Leader in the realm of the leadership of the society and governance of social affairs in all periods is one of the fundamental beliefs of the true Twelver Shi'i creed and has its roots in the principle of Imamate. Whoever is led by reasoning not to accept this notion is excused, but it is not permissible for him to spread disunity and discord.
Question : Are the order of Jurist Leader (waliy faqih) binding for all Muslim or only for his followers? Is it obligatory on someone who is not convinced that the Jurist Leader has an absolute authority to obey him?
A: According to shi'i law (fiqh), it is obligatory on all Muslims to submit to the binding (wila'i), shar'i order issued by the Leader of Muslims and comply with his commands and proscriptions. This obligation applies even to other eminent faqihs, let alone their followers! In our opinion, commitment to the authority of Jurist Leader is not separable from commitment to Islam and the authority of the Immaculate Imams (a).