The qualified mujtahid...

The qualified mujtahid, in the perspective of the Shi’ah, is not only a reference (marji‘) to be referred to in cases of giving verdicts, but also he enjoys all-inclusive wilāyah (guardianship) over his imitators, who refer to him in respect of rules (ahkām), settling all the disputes and differences among them in judicial matters, handing him the zakāt and khums of their properties and funds, to dispose of them as ordained in the Shari‘ah, on behalf of the Imam of Time (peace be upon him).

While, the mujtahid does not enjoy this position in the perspective of Ahl al-Sunnah, who refer in the jurisprudential questions to one of the four imāms, leaders of the schools of thought (madhāhib): Abu Hanifah, Mālik, al-Shāfi‘i and Ahmad ibn Hanbal.

The contemporary Sunnis may not abide by imitating anyone of these four in particular, as they may take the rules for some of their questions from one of them and some others from another one, according to what their needs necessitate, as practised by Sayyid Sābiq who composed a fiqh derived from the four leaders.

And since the Sunnis believe that blessing lies in their disagreement, so the Māliki is entitled, for instance, to refer to Abu Hanifah when finding near him the solution for the problem he has, that may not be found near Mālik. I will cite an example to demonstrate for the reader so as to be able to conceive the meaning. In Tunisia (during the epoch of judicial courts) there was a mature girl who fell in love with some man and intended to get married to him.

But her father refused to marry her to that youth, for a reason God knows alone. Then the girl fled her father’s house and got married to that young man, without taking the permission of her father. The father lodged a suit against that marriage. When the girl and her husband were summoned and brought before the judge, he asked her about the cause behind her escaping from her father’s house, and getting married without the permission of her guardian (wali).

She replied: Sir, I am twenty-five years old, and I desired to marry this man according to the Sunnah of Allah and His Messenger; and since my father intends to marry me to someone I dislike, so I married in accordance with the opinion of Abu Hanifah, who gives me the right to marry the one I love, as I am full-grown (adult).