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Shiavault - a Vault of Shia Islamic Books A Brief of Islamic Law Taqli'd Following a Mujtahid -1. It is necessary for a Muslim to believe in the fundamentals of faith with his own insight and understanding, and he cannot follow anyone in this respect, i.e. he can not accept the word o f another who knows them, simply because he has said it.
Ho were, one who has faith in the true tenets of Islam, and manifests it by his deeds, is a Muslim and Mu’min, even if he is not very profound, and the laws related to a Muslim will hold good for him. In matters of religious laws, apart from the ones clearly defined, or ones which are indisputable, a person must: · Either be a Mujtahid (jurist) himself, capable of inferring and deducing from the religious sources and evidence; · Or if he is not a Mujtahid himself, he should follow one, i.e.
he should act according to the verdicts (Fatàwà) of a Mujtahid; · Or if he is neither a Mujtahid nor a follower (Muqallid), he should act on such precaution which should assure him that he has fulfilled his religious obligation. For example, if some Mujtahids consider an act to be unlawful (Halal (allowed)), while others say that it is not, he should not perform that act.
Similarly, if some Mujtahid consider an act to be obligatory (Wàjib) while others consider it to be recommended (Mustaa*àb), he should perform it. Therefore, it is obligatory upon those persons who are neither Mujtahids, nor able to act on precautionary measures (Ihtiyat), to follow a Mujtahid.
Taqli'd in religious laws means acting according to the verdicts of a Mujtahid it isnecessary for the Mujtahid who is followed, to be male, shi ‘ah Ithna-`Ashariyyah, adult (Bàligh), sane, of legitimate birth, living and just (`Adil). A person is said to be just when he performs all those acts which are obligatory upon him, and refrains from all those things which are forbidden to him.
And the sign of being just is that one is apparently of good character, so that if enquiries are made about him from the people of his locality, or from his neighbours, or from his nei ghbouers, or from those persons with whom he lives, they would confirm his good conduct. And it is necessary that the Mujtahid who is followed be A’lam (the most learned), who is more capable of understanding the divine laws than any of the contemporary Mujtahids.