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Ijtihad (Rule Deduction) and Taquleed (Imitation)
A Muslim can practice the religious laws through “Ijtihad” or “Taquleed”. “Ijtihad” is the exertion of deducing the religious laws from the relevant sources and evidence. A person, who is capable of doing this, is referred to as “Mujtahid”. “Taquleed” is to follow and imitate a Mujtahid, that is, to practice the religion based on the religious edicts (Fatwas) issued by a Mujtahid. Issue 1: A Mujtahid who is imitated and followed by others, is referred to as “Marja'-e-Taquleed” (a religious jurist), and one who imitates a Mujtahid, is referred to as “Muquallid” (imitator). Issue 2: A person, who is not a Mujtahid, and thus not able to deduce the divine laws and rules from the relevant sources must imitate a Mujtahid. Issue 3: Most people have to practice the religion through imitation, because few people are capable of Ijtihad, i.e., deducing the religious laws. Issue 4: Imitation of religious laws is practicing a Mujtahid's Fatwas, and one must imitate a Mujtahid who is sane, mature, twelve-Imam Shi'ah (Shi'ah ithna-ashari), of legitimate birth, just and living. The Mujtahid must also be the most learned one among others, and as an obligatory precaution, they must not be greedy for mammon. Issue 5: If the Mujtahid whom a person is imitating dies, provided that they have imitated some of their Fatwas, it is allowable for them to remain imitating the deceased Mujtahid in all issues even the ones they have not practiced before. Issue 6: The “most learned” Mujtahid is one who is the most capable of understanding the divine laws among the Mujtahids of the time. Issue 7: There are three ways of identifying a qualified Mujtahid who is the most learned one. 1-When a person him or herself makes certain that a Mujtahid is a qualified and the most learned one. For this, the person him or herself must be learned and able to identify the most learned qualified Mujtahid. 2- When two reliable and learned people who are capable of identifying the most learned Mujtahid, confirm that a Mujtahid is the most learned qualified one, provided that their confirmation is not contradicted by two other reliable learned people. 3- When a number of learned people who are capable of identifying the most learned Mujtahid, certify that a particular Mujtahid is the most learned qualified one, provided that one is satisfied by their statement. Issue 8: There are three ways to obtain the Fatwas of a Mujtahid. 1- To hear the Mujtahid talk about his or her views and Fatwas. 2- To hear a reliable and honest person who him or herself has heard the Mujtahid issue the Fatwas. 3- To See the Fatwas in the Mujtahid's written treatise (Resale-ye-Amalyyeh) provided that its reliability is certain. Issue 9: If the Fatwa of a Mujtahid on a particular issue changes, the imitator must practice the new Fatwa and it is not allowable to act on the previous Fatwa; but if one is not certain about the change in the Mujtahid's Fatwa, they must act on what is written in the Mujtahid's treatise and there is no need to find out about a change which is likely to have been made. Issue 10: It is obligatory for a Muslim to learn the issues which are of frequent use and day to day importance.
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