{"id":4721,"date":"2021-05-30T10:32:23","date_gmt":"2021-05-30T09:32:23","guid":{"rendered":""},"modified":"2021-05-30T10:32:37","modified_gmt":"2021-05-30T09:32:37","slug":"ijtihad-taqlid-and-ihtiyat","status":"publish","type":"post","link":"https:\/\/shiastudies.com\/en\/4721\/ijtihad-taqlid-and-ihtiyat\/","title":{"rendered":"Ijtihad, Taqlid and Ihtiyat"},"content":{"rendered":"

Ijtihad, Taqlid and Ihtiyat<\/strong><\/p>\n

1. Introduction<\/strong>
\nAs mentioned in the previous lessons, a Muslim must follow the shar\u012b`a in every aspect of his or her life. If Islam is a religion which is to stay till the end of time, then there must always be some people who can guide the Muslims in the changing circumstances of time and of place. After the Prophet of Islam, the most ideal persons to guide the Muslims were the Imams of Ahlu \u2019l-bayt. However, the Present Imam, Muhammad al-Mahdi (a.s.) has gone into the Occulation and will re-appear when All\u0101h wishes him to appear. So what is to be done in the meantime? Are the Shi\u2018as to suspend the shar\u012b\u2018a? No, of course not! Islam is the religion for all times and places.<\/p>\n

2. Ijtih\u0101d<\/strong>
\nThe Imams of Ahlu \u2019l-bayt had foreseen the time of the Occulation and had prepared their followers for the situation in which they will not be in direct contact with their Imam. This preparation was done by training the Shi\u2018as in the science of Islamic laws, or in other words, in ijtih\u0101d. (Ijtih\u0101d means \u201cthe process of deriving the laws of the shar\u012b\u2018a from its sources.\u201d) Ijtih\u0101d is an essential phenomenon for the survival of the Islamic shar\u012b\u2018a during the Occultation of the Imam (a.s.). Without the system of ijtih\u0101d, we would not be able to apply Islamic laws in the rapidly changing circumstances of human society.
\nIjtih\u0101d is not only permissible, but essential from the Islamic point of view. It is an obligation in Islam to study everything that is necessary for the spiritual development and material wellbeing of the Muslim community. However, this obligation is of the category which is known as w\u0101jib kif\u0101\\’i. In the present instance, for example, Islamic society needs experts in the medical sciences, in physics and chemistry, in engineering, education; and as long as there is a lack of expertise in these areas, it is an obligation on the community as a whole to acquire it. This means that a group of Muslims must devote themselves to research so as to benefit the Muslim community. Similarly, an Islamic society without experts in the shar\u012b\u2018a cannot properly consider itself Islamic, and so it is an obligation for a group of persons from this society to devote themselves to the study of the religious sciences to provide proper guidance to all Muslims.
\nThis is such an important obligation that Allah has exempted those who go to seek religious knowledge from the duty of jih\u0101d. He says: \u201cIt is not (right) for the believers to go forth all together (for jih\u0101d). So why should not a party from every section of them (i.e., the believers) go forth to become learned in the religion, and to warn their people when they return to them\u2014so that haply they may beware.\u201d (9:124)
\nIt is clear from many narrations that the Imams of Ahlu \u2019l-bayt (a.s.) used to be pleased whenever any of their companions taught religion or gave legal rulings (fatwa) to others. There are several documented cases of Shi\u2018as who lived far from Medina asking the Imam of their time to appoint someone in their area to adjudicate between them in religious problems: Zakariyyah ibn Adam al-Qummi and Y\u016bnus bin \u2018Abdu \u2019r-Rahm\u0101n, for example, were named by Imam \u2018Ali ar-Riza, to solve disputes in their own districts.
\nIn a famous had\u012bth, \u2018Umar ibn Hanzalah asked Imam Ja\u2018far as-S\u0101diq (a.s.) about the legality of two Shi\u2018as seeking a verdict from an illegitimate ruler in a dispute over a debt or a legacy. The Imam\u2019s answer was that it was absolutely forbidden to do so. Then Ibn Hanzalah asked what the two should do, and the Imam replied: \u201cThey must seek out one of your own who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well-acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as judge over you…\u201d
\nBesides these ah\u0101d\u012bth, we have quite a few sayings of the Imams that tell us what to do if we come across two ah\u0101d\u012bth which are contradictory or semi-contradictory\u2014and solving the contradictory ah\u0101d\u012bth is one of the functions of ijtih\u0101d. These types of ah\u0101d\u012bth are known as al-akhb\u0101r al-\u2018il\u0101jiyyah, the ah\u0101d\u012bth which solve the problems in the studying of the had\u012bth.
\nIn conclusion, we can say that one way of following the shar\u012b\u2018a is to study the science of shar\u012b\u2018a, learn the process of ijtih\u0101d and become a mujtahid.<\/p>\n

3. Taql\u012bd<\/strong>
\nAlthough we have mentioned ijtih\u0101d as the first of the possible ways of following the shar\u012b\u2018a, it is not something which every person can do. To become a mujtahid means spending the major part of your life in studying the Islamic sciences in general and the Islamic legal system in particular. A person must, first of all, study the Arabic language (especially classical Arabic) since all the sources of the shar\u012b\u2018a are in classical Arabic. Then he must study and gain expertise in Us\u016blu \u2019l-Fiqh (the Principles of Jurisprudence) which involves the methodology of defining and using the sources of the shar\u012b\u2018a. One also has to study the Qur\u2019\u0101nic verses on laws, the had\u012bth literature, and also the conclusions reached by the past mujtahids. In studying the had\u012bth literature, one has to also study \u2018ilmu \u2019r-rij\u0101l which deals with the narrators of had\u012bth\u2014otherwise he will not be able to distinguish the authentic had\u012bth from the inauthentic ones. In short, ijtih\u0101d is not everyone\u2019s cup of tea.
\nThe social life of human beings is based on mutual co-operation: each one of us takes the duty of fulfilling one of the needs of the society, and, in return, each one of us expects to benefit from the expertise of the others. Just as not everyone can become his or her own doctor, in an Islamic society, not everyone can become a mujtahid. Those who are not mujtahid will follow the shar\u012b\u2018a by doing taql\u012bd\u2014following the opinions of a high-ranking and pious mujtahid.<\/p>\n

(A) Is Taql\u012bd Reasonable?<\/strong>
\nFirst of all, taql\u012bd is not \u201cblind following,\u201d it is based on an informed decision taken by the individual Shi\u2018a man or woman. Before you start following the opinions of a mujtahid in the shar\u012b\u2018a laws, you have to ascertain that he has the required expertise and that he is of upright character.
\nSecondly, it is not always unreasonable to follow others and to hold uncritical faith in them. We can logically distinguish four possible forms of imitation:
\n1. an ignorant person imitating another ignorant person;
\n2. a more learned person imitating a less learned person;
\n3. a less learned person imitating an ignorant person;
\n4. a less learned person imitating a more learned person.
\nIt is quite clear that the first three forms of imitations are unreasonable and can serve no purpose. However, the fourth kind of imitation is obviously not only reasonable, but also necessary and a matter of common sense; in our everyday life we follow and imitate others in many things; we like to take the advice of experts in matters outside our own knowledge.
\nSomeone who wishes to build a house, explains the basic idea of what he wants to the builder and then submits to his advice as to how he should go about the actual construction. The patient follows the treatment advised by the doctor; a litigant consults a lawyer when drawing up his case for a court. The examples are abundant; in most cases the advice is taken voluntarily, but sometimes the citizen may be required by law to seek expert advice and act upon it, before, for example, he is allowed to take some particularly dangerous drug. The clearest example is obviously a case of a legal dispute between two parties, when they are required to take their grievances before a judge and abide by his decision if they cannot settle their dispute amicably.
\nThe practice of taql\u012bd is an example of the same kind: the person who is not an expert in Islamic jurisprudence is legally required to follow the instructions of the expert, that is, the mujtahid.<\/p>\n

(B) Support from the Qur\u2019\u0101n & Sunnah<\/strong>
\nThis sensible practice of following the mujtahid in shar\u012b\u2018a laws has been endorsed by Islam.
\nAs mentioned in a verse quoted earlier, the Qur\u2019\u0101n strongly exhorts at least a group of Muslims to devote their time and energy in studying religion. This obligation is of such importance that Allah has exempted such persons from the duty of jih\u0101d. More interesting is the reason and purpose of their knowledge: \u201c…to warn their people…\u201d (9:124) This verse divides the people into two groups: those who are learned in religious sciences and those who are not. It is the duty of the learned to \u201cwarn\u201d (a broad term which implies advice and guidance) the common people, and it is expected of the common people to \u201cbeware\u201d (take heed of the learned persons\u2019 advice and follow). In shar\u012b\u2018a matters, this process of guiding the common people is technically known as \u201cijtih\u0101d,\u201d and the process of following the guidance by the common people is technically known as \u201ctaql\u012bd\u201d.
\nThe Imams of Ahlu \\’l-bayt (a.s.) have endorsed this system in theory as well as in practice: In Theory: In a famous had\u012bth quoted earlier, \u2018Umar ibn Hanzalah asked Imam Ja\u2018far as-S\u0101diq (a.s.) about the legality of two Shi\u2018as seeking a judgment from an illegitimate ruler or a judge appointed by such a ruler in a dispute over a debt or inheritance. The Imam\\’s answer was that it was absolutely forbidden to do so; and then he read the following verse: \u201c…(Yet in a dispute) they desire to summon one another to the judgment of the t\u0101gh\u016bt though they were commanded to reject and disbelieve in him.\u201d (4:60)
\nThen \u2018Umar ibn Hanzalah asked, \u201cWhat should the two (Shi\u2018as) do then?\u201d The Imam replied, \u201cThey must seek out one of your own who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well-acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as judge over you. If the ruling which he based on our laws is rejected, then this rejection will be tantamount to ignoring the order of All\u0101h and rejecting us, and rejecting us is the same as rejecting All\u0101h, and this is the same as polytheism.\u201d
\nIn another had\u012bth, Abi Khad\u012bjah relates that Imam Ja\u2018far as-S\u0101diq (a.s.) sent him to his companions with the following message: \u201cIf a dispute or a difference occurs among you about a property, then take care not to seek judgment from those illegitimate [judges]; instead, you must seek a person who knows what is permissible and what is forbidden by us, for I appoint him as a judge over you. And take care that you do not seek judgment against one another with an unjust ruler.\u201d
\nThe least that these two narrations prove is that Shi\u2018as are not allowed to refer to unauthorized jurists for solutions to their problems, instead they are advised to seek the guidance of those who are well-versed in the teachings of the Ahlu \u2019l-bayt. In these ah\u0101d\u012bth, the practice of seeking the advice of experts in shar\u012b\u2018a laws is taken for granted.
\nIn Practice: There are several documented cases of Shi\u2018as who asked the Imams of their time to appoint someone to adjudicate between them in religious problems. Such questions were raised by those who lived far from Medina or those who could not gain access to their Imam in Medina itself.<\/p>\n

4. Ihtiy\u0101t<\/strong>
\nIf a person is not a mujtahid and does not even want to do taql\u012bd of any mujtahid, then according to the laws of shar\u012b\u2018a he must do ihtiy\u0101t. Doing ihtiy\u0101t means taking precaution. In the context of our present discussion, it means that one must adopt a line of precautionary action by which he or she can be sure of fulfilling the requirements of God\\’s commandment.
\nIn practical terms, ihtiy\u0101t means that a person, in each and every problem, will have to study the views of mujtahids on that issue and act on the most precautionary of all views. For example, if one mujtahid says that \u201cit is disliked to smoke\u201d and another says that \u201cit is har\u0101m to smoke,\u201d then one has to follow the second view. Or if one mujtahid says that \u201cyou must shave your head during the first pilgrimage to Mecca\u201d while another says \u201cyou have a choice between shaving or just cutting a little of your hair,\u201d then one has to follow the first view. This has to be done in each and every issue.
\nIn short, during the Occultation (ghaybat) of the Present Imam (a.s.), there are three ways of following the shar\u012b\u2018a: ijtih\u0101d, taql\u012bd and ihtiy\u0101t.<\/p>\n

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maintenance<\/a><\/p><\/blockquote>\n