None of the Muslims is allowed to imitate in the main provisions of the religion, in the foundations of faith, which include monotheism, justice, prophethood, imamate and resurrection from the dead. Each man must see for himself their truth. But in the secondary (practical) provisions of religion, such as prayer, fasting, zakat, hajj, etc., should a Muslim either be a mujtahid (a religious jurisprudent capable of obtaining correct Sharia provisions from reliable sources) and act according to his knowledge, or if he is not a religious jurist, follow the instructions of a religious jurist. Just as ordinary people, who do not have knowledge in any field, always turn to authoritative specialists.
In addition to the above, a Muslim can perform his religious duties based on caution, that is, perform them in such a way that he has confidence in the correct performance of his duties. For example, if some religious jurists consider an act forbidden, and some as permitted, then, based on caution, he should refrain from committing this act. Or, if some religious jurists consider some act desirable, and others consider it obligatory, then he must perform this act. But since the performance of religious rites, based on caution, is not such an easy task, and requires a sufficient level of knowledge in Sharia sciences, most Muslims must follow the instructions of a religious jurist.
The essence of “taqlid” is reliance on the instruction of a religious jurist, that is, the performance of all practical religious rites in accordance with his instructions (fatwas).
The following requirements are imposed on a religious jurist (mujtahid), whose instructions are followed by Muslims: he must be a man, of legal age, of sound mind, a Shia (follower of the twelve imams), legally born, and, according to the obligatory measure, just and alive Justice in this case refers to an inner state of piety that prevents a person from committing major sins and helps to avoid the repetition of minor sins. A person’s coming of age is determined by one of the following three signs:
First: The boy reaches the age of 15 full lunar years. A girl reaching the age of 9 full lunar years.
Second: Sperm release.
The third: The appearance of hard hair on the pubis.
A solar year is 11 days longer than a lunar year. Therefore, calculating according to the lunar calendar, boys come of age at approximately 14 years, 6 months and 20 days. Girls come of age at approximately 8 years, 8 months and 25 days.
If several religious jurists have different opinions on the same issue, then the most competent one should be followed.
A religious jurist and the most competent religious jurist can be defined in three ways:
The first way: A person himself has a sufficient level of knowledge in Sharia sciences, and can independently determine a religious jurist and the most competent religious jurist.
Second way: Testimony of two fair scholars possessing the appropriate level of knowledge, provided that the other two scholars do not testify to the contrary.
The third way: The popularity of a religious jurist among men of science and in learned circles, which convinces a person that this religious jurist is the most competent jurist.
In the case of impossibility of determining the most competent religious jurist, it is necessary, according to a mandatory measure, to follow the instructions of that jurist, regarding whom there is an assumption that he is the most competent. If a person is in doubt between several religious jurists and cannot give his preference to any of them, then he can follow the instructions of any of them.
The “fatwa” of a religious jurist, i.e., his decision and instruction on a certain issue, can be found out in several ways:
The first way: To hear the instruction directly from the religious jurist himself, or to see the instruction written by him in his own hand.
The second way: To see the instruction of a religious jurist in a collection of religious instructions, the authenticity of which is not in the slightest doubt.
The third way: Hear guidance from a trustworthy person.
The fourth way: The popularity of a religious instruction among people, which is a sign of its authenticity.
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 an effort to find out whether the instruction has changed or not.
Sometimes a religious jurist does not give a specific instruction on any issue, but says that it is necessary to act “according to a mandatory measure.” In this
in this case, a Muslim following his instructions must either act in accordance with the admonition 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 performing the prayer for the deceased, but then says that “according to the desired measures for performing this prayer, it is better to perform a small ablution.” In this case, a Muslim following his instructions may or may not act according to caution. But in this case, he does not have the right to turn to the instructions of another religious jurist.
If a religious jurist, whose instructions a man follows, leaves this world, then a person can continue to follow his instructions. If the deceased jurist is the most competent religious jurist, then the husband is obliged to continue to follow his religious instructions, but on the condition that the husband has previously performed his duties according to his instructions and decisions.
It is not permissible to start following the instructions of a religious jurist who has already died, even if he was the most competent among jurists, according to mandatory caution.
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.
If a person gets into a situation and does not know how he should act (that is, he does not know the instructions of a religious jurist), then he can act out of caution. If he has time, then he needs to wait until there is an opportunity to contact a lawyer. If he does not have the opportunity to turn to a jurist, then he needs to perform an act in accordance with his assumption, and only then find out about the indication of a religious jurist regarding this act. If the act performed by him will correspond to the instruction of the legal expert, then it is considered correct, if not, then he needs to perform such an act again in the correct form.
If a Muslim performed his religious duties for some time without following the instructions of a religious jurist, and then began to follow his instructions, then, if the actions he performed were 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 perform them again. This provision also applies to those cases when a person begins to follow some jurist without proper research about him.
If a person makes a mistake while explaining to people the instruction (fatwa) of a religious jurist, then after realizing his mistake, he must correct it. If he explained this instruction at sermons and religious events, then he needs to repeat it in the correct form at various events, so that people who follow the wrong instruction will also understand their mistake. But if the legal expert’s instruction changes, then the person does not have to announce its change.
In accordance with the mandatory caution, it is not allowed to go from following one religious jurist to following another jurist. However, this does not apply to cases where the second religious jurist is superior to the first in terms of knowledge. If a person makes such a transition without proper research, then he must return to following the instructions of the first religious jurist.
If the instruction of a religious jurist on any issue changes, then it is necessary to follow his new instruction. But all the previous actions that were performed in accordance with the previous indication are correct, and there is no need to repeat them. The same applies to cases where a person switches from following the instructions of one jurist to following the instructions of another (ie, there is no need to repeat the actions in accordance with the instructions of the new religious jurist).
If a person has followed the instructions of a religious jurist for some time, and now he does not know whether he followed his instructions correctly or not, then all his previous actions are considered correct. But he needs to carry out further actions in the correct form.
If two religious jurists have the same level of knowledge, a person can follow the instructions of one of them in some matters, and the instructions of the second in other matters.
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.