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(B) Support from the Qur’ān & Sunnah

(B) Support from the Qur’ān & Sunnah

 This sensible practice of following the mujtahid in sharÄ«‘a laws has been endorsed by Islam.

 As mentioned in a verse quoted earlier, the Qur’ān strongly exhorts at least a group of Muslims to devote their time and energy in studying religion. This obligation is of such importance that Allah has exempted such persons from the duty of jihād.  More interesting is the reason and purpose of their knowledge: “...to warn their people...” (9:124) This verse divides the people into two groups: those who are learned in religious sciences and those who are not. It is the duty of the learned to “warn” (a broad term which implies advice and guidance) the common people, and it is expected of the common people to “beware” (take heed of the learned persons’ advice and follow). In sharÄ«‘a matters, this process of guiding the common people is technically known as “ijtihād,” and the process of following the guidance by the common people is technically known as “taqlÄ«d”.

 The Imams of Ahlu 'l-bayt (a.s.) have endorsed this system in theory as well as in practice:

 In Theory: In a famous hadÄ«th quoted earlier, ‘Umar ibn Hanzalah asked Imam Ja‘far as-Sādiq (a.s.) about the legality of two Shi‘as seeking a judgment from an illegitimate ruler or a judge appointed by such a ruler in a dispute over a debt or inheritance. The Imam's answer was that it was absolutely forbidden to do so; and then he read the following verse: “...(Yet in a dispute) they desire to summon one another to the judgment of the tāghÅ«t though they were commanded to reject and disbelieve in him.” (4:60)

 Then ‘Umar ibn Hanzalah asked, “What should the two (Shi‘as) do then?” The Imam replied, “They must seek out one of your own who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well-acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as judge over you. If the ruling which he based on our laws is rejected, then this rejection will be tantamount to ignoring the order of Allāh and rejecting us, and rejecting us is the same as rejecting Allāh, and this is the same as polytheism.”

 In another hadÄ«th, Abi KhadÄ«jah relates that Imam Ja‘far as-Sādiq (a.s.) sent him to his companions with the following message: “If a dispute or a difference occurs among you about a property, then take care not to seek judgment from those illegitimate [judges]; instead, you must seek a person who knows what is permissible and what is forbidden by us, for I appoint him as a judge over you. And take care that you do not seek judgment against one another with an unjust ruler.”

 The least that these two narrations prove is that Shi‘as are not allowed to refer to unauthorized jurists for solutions to their problems, instead they are advised to seek the guidance of those who are well-versed in the teachings of the Ahlu ’l-bayt. In these ahādÄ«th, the practice of seeking the advice of experts in sharÄ«‘a laws is taken for granted.

 In Practice: There are several documented cases of Shi‘as who asked the Imams of their time to appoint someone to adjudicate between them in religious problems. Such questions were raised by those who lived far from Medina or those who could not gain access to their Imam in Medina itself.

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