Ijtihad is the examination of the sources of the shari'ah to...

Ijtihad is the examination of the sources of the shari'ah to reach knowledge of the commandments (al-ahkamm al-far'iyyyah) which the Prophet brought with him. and which .do not change or alter with changes in time or situation. according to the hadith: What Muhammad (S.A.) made halal will be halal till the Day of Judgement, and what he made haram will be haram till the Day of Judgement.

These sources for the shari'ah are the Qur'an, the sunnah (of the Prophet and the Imams), consensus (ijma') and reasoning ('aql), as have been mentioned in the texts of usul al-fiqh. Attaining the position of mujtahid requires many years of study and acquiring knowledge, and this is not obtained except by one who tries his utmost. **4. Doctrine Concerning the Position of mujtahid ** We believe that a fully qualified mujtahid is a representative of the Imam, in the case of the latter's absence.

Thus he is an authority over Muslims and he performs the functions of the Imam as regards judgement and administration among the people. Because of this, Imam Ja'far as Sadiq said: To deny the authority of a mujtahid is to deny the authority of the Imam, and to deny tile authority of the Imam is to make an objection to the authority of Allah. and this is tantamount to polytheism (shirk).

Therefore the qualified mujtahid is not only one who issues fatwas, but he also has general authority over Muslims who must consult him if they require judgement, this being obtainable only from him. It is correspondingly wrong for anyone to give judgement except him or one who is appointed by him, as no-one can pass sentence without his permission. Also, all that which belongs to the Imam should be given to the mujtahid.

Such authority has been bestowed upon the qualified mujtahid by the Imam so that he may represent him in his absence; hence he is known as the representative of the Imam (na' ib al-imam).…