2.The Infallible Imams (a.s.) never appointed any Mujtahid...

2.The Infallible Imams (a.s.) never appointed any Mujtahid to be a guide for the people and therefore a Mujtahid can never be a NAIB-E-IMAAM. (Appointed representative). 3.The terms used by the Infallbile Imams (a.s.), like scholar or jurist can never be taken to mean Mujtahid. 4.In both the Sunni and Shia schools the terms Ijtihad and Mujtahid are both being used in the same meaning. 5.Ijtihad and analogy are two names of one thing.

It is my view the term Ijtihad has been clarified sufficiently, but for the contentment of the mind I would like to refer to Mufti Ja’far Hussain’s commentary on Nahj Ul Balagah’s Sermon No. 18: ‘It is the view of the Imamia Sect that Allah (s.w.t.) has not authorized anyone to make laws of Sharia nor did He (s.w.t.) Command anyone to act according to a Mujtahid’s opinion. There are no two Orders for that same issue.

Whichever the opinion that the Mujtahid finally concludes, is regarded as sufficient both for himself as well as his emulators. But, this is regarded as an apparent command which is in replacement of the actual command. He has dived into the sea of knowledge and tried to get to the pearl, but ended up with only its shell, but he does not say that his emulators should consider it as a pearl and get its value accordingly.

It is another thing that the valuer would value it at half its value so that his efforts do not go to waste and his courage does not break. I have only mentioned the above so that their viewpoint can be understood. I shall be analyzing this and pointing out its shortcomings at its appropriate place. QIYAS (ANALOGY) In religion the meaning of Qiyas is the application of a command in one matter to another matter based on a common ground.

This then demands that the order should be the same for the two matters. - (Commentary of Sahifa Kamila by Mufti Ja’far Husayn) ISTAMBAAT This means the extraction of religious law based on the application of logic by the Jurist. (Al-munjid) Now that these three definitions have been explained, we now come back to the main topic of this book, Ijtihad.

BEGINNING OF IJTIHAD IN SHIA SECT Whenever you wish to know about something then you have to look at its inception, otherwise you will not be able to understand its conclusion. Its like trying to untangle a knot, one has first to look for one of its ends and then try and untangle it.