3 // About changing the instruction of the religious jurist

Rule 8 – If a person has an assumption about changing the instructions of a religious jurist, then he can act in accordance with his previous instructions. And it is not necessary for him to make efforts in order to find out whether the instruction has changed or not.

Clause 9 – Sometimes a religious jurist does not issue a specific instruction on any matter, but says that it is necessary to act “according to the obligatory measure”. In this case, a Muslim following his instructions must either act in accordance with the advice of his religious jurist, or turn to the instructions of another religious jurist in this matter. The same meaning is meant by the phrase “the fidelity of such and such action is doubtful.”

Sometimes a religious jurist issues a certain instruction, for example, the presence of a small ablution (wudu) is not necessary for the performance of a prayer for the deceased, but then says that “according to the desired measure for the performance of this prayer, it is better to perform a small ablution.” In this case, a Muslim following his instructions may act cautiously, or may not act. But in this case, he does not have the right to turn to the instructions of another religious jurist.

Rule 10 – If a religious jurist, whose instructions a person follows, leaves this world, then the person can continue to follow his instructions. If the deceased jurist is the most competent religious jurist, then a person is obliged to continue to follow his religious instructions, but on the condition that the person first performed his duties in accordance with his instructions and decisions.

Rule 11 – It is not permissible to start following the instructions of a religious jurist who has already died, even if he was the most competent of the jurisprudents, according to the obligatory measure.

Rule 12 – A Muslim must learn all the Shari’ah provisions and instructions concerning actions that he constantly encounters in his life. Or he must be able to perform these actions based on caution.

Rule 13 – If a person finds himself in any situation and does not know how he should act (that is, he does not know the instructions of the religious jurist), then he can act out of caution. If he has time, then he needs to wait until there is an opportunity to turn to a lawyer. If he does not have the opportunity to turn to a lawyer, then he needs to perform an act according to his assumptions, and only then find out about the provision of a religious jurist regarding this act. If the act performed by him corresponds to the instruction of the legal expert, then it is considered correct, if not, then he needs to perform this act again and in the correct form.

Rule 14 – If a Muslim has for some time performed his religious duties without following the instructions of a religious jurist, and then begins to follow his instructions, then, if the actions he performed are in accordance with the instructions of the jurist, all his actions will be valid. And if the actions performed by him do not correspond to the instructions of the religious jurist, then he must do them again. This provision also applies to those cases when a person begins to follow a certain jurist without proper research about him.

Rule 15 – If a person makes a mistake explaining to people the instruction (fatwa) of a religious jurist, then after realizing his mistake, he must correct it. If he explained this instruction in sermons and religious events, then he must repeat it in in the correct way at various events so that people who follow the wrong direction also realize their mistake. But if the legal expert’s instruction changes, then the person does not have to announce its change. ​

Regulation 16 – In accordance with the mandatory caveat, it is forbidden to transfer from one religious jurist’s course to another jurist’s course. However, this does not apply to cases where the second religious jurist surpasses the first in terms of knowledge. If a person makes such a transition without proper research, then he must return to the course according to the instructions of the first religious jurist.

Rule 17 – If the religious jurist’s instruction on any matter changes, then his new instruction must be followed. But all the previous actions that were performed in accordance with the previous instructions are correct, and there is no need to perform them again. The same applies when a person switches from following the instructions of one jurist to following the instructions of another (that is, there is no need to repeat the actions according to the instructions of the new religious jurist).

Rule 18 – If a person has followed the instructions of a religious jurist for any length of time, and now he does not know whether he followed his instructions correctly or not, then all the actions he previously performed are considered correct. But he needs to perform the following actions in the correct form.

Rule 19 – If two religious jurists have the same level of knowledge, a person may follow the guidance of one of them in some matters and the guidance of the other in other matters. i 20 – A person who is not a religious jurist (mujtahid) is prohibited from issuing instructions and rulings on Sharia issues and provisions. If he does it without appropriate competence, then he will be responsible for the actions of all persons who followed his incorrect instructions.