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چینش :حروف الفباشماره مسئله
مسئله شماره 1Rules of Taqlīd

Permissible and Impermissible Taqlīd

Issue No.1- It is not permissible for a Muslim to follow a Mujtahid in the fundamentals of religion; he must believe in them with his own insight and understanding. However, he should follow a Mujtahid in the branches of religion, i.e., practical laws or codes of practice. If he himself is a Mujtahid (a jurist who is capable of inferring and deducing divine laws from religious jurist who is capable of inferring and deducing divine laws from religious sources), he can act upon his own views but if he is not a Mujtahid, he should follow an expert in this field in the same way as people, who do not have the expertise and information in some matters, refer to experts and seek their advice. He who is not a Mujtahid can also act on such precaution that should assure him that he has fulfilled his religious obligations. For example, if some Mujtahids consider an act to be haram while others say that it is mubāḥ (permissible), he should not perform that act. Similarly, if some Mujtahids consider an act to be obligatory (wājib) while others consider it to be mustaḥab (recommended), he should perform it. However, since it is difficult to act on precaution (iḥtīyāṭ) as, relatively speaking, it demands a considerable amount of knowledge on Islamic jurisprudential issues, the best way for the general public is to refer to a Mujtahid and follow him.

مسئله شماره 1Rules of Taqlīd

Acting according to Precaution

Issue No.1- It is not permissible for a Muslim to follow a Mujtahid in the fundamentals of religion; he must believe in them with his own insight and understanding. However, he should follow a Mujtahid in the branches of religion, i.e., practical laws or codes of practice. If he himself is a Mujtahid (a jurist who is capable of inferring and deducing divine laws from religious jurist who is capable of inferring and deducing divine laws from religious sources), he can act upon his own views but if he is not a Mujtahid, he should follow an expert in this field in the same way as people, who do not have the expertise and information in some matters, refer to experts and seek their advice. He who is not a Mujtahid can also act on such precaution that should assure him that he has fulfilled his religious obligations. For example, if some Mujtahids consider an act to be haram while others say that it is mubāḥ (permissible), he should not perform that act. Similarly, if some Mujtahids consider an act to be obligatory (wājib) while others consider it to be mustaḥab (recommended), he should perform it. However, since it is difficult to act on precaution (iḥtīyāṭ) as, relatively speaking, it demands a considerable amount of knowledge on Islamic jurisprudential issues, the best way for the general public is to refer to a Mujtahid and follow him.

مسئله شماره 2Rules of Taqlīd

The Meaning of Taqlīd

Issue No.2- Taqlīd in Islamic laws (aḥkām) means relying on the verdicts of a Mujtahid in practice. That is, the person should act according to the verdicts of the Mujtahid.

مسئله شماره 3Rules of Taqlīd

Qualifications of Marja‘ Taqlīd

Issue No.3- It is necessary for the Mujtahid who is followed to be male, mature [1], sane, a Twelver Shi‘a and of legitimate birth. As an obligatory precaution (al-iḥtīyāṭ al-wājib), he should be alive and just (‘ādil) [2].

مسئله شماره 17Rules of Taqlīd

Changing the Fatwā

Issue No.17- If the fatwā of a Mujtahid changes, the follower must follow his latest fatwā. However, the actions that had been performed according to the previous fatwā such as the acts of worship (‘ibādāt) or the transactions (mu‘āmilāt) are valid and correct and it is not necessary to perform them again. In the same manner, if a person switches from one Mujtahid to another, it is not necessary to perform the previous acts again.

مسئله شماره 5Rules of Taqlīd

Ways of Recognizing the A‘lam

Issue No.5- There are three ways of identifying a Mujtahid and the a‘lam:a) One is himself a learned person and is able to identify a Mujtahid or the most learned (a‘lam).b) When two persons, who are learned and just, simply confirm that a person is a Mujtahid or the most learned (a‘lam), provided that two other learned and just persons do not contradict them.c) When one is widely known among learned people and in the seminary sphere to be the most learned (a‘lam) to a degree that causes certainty.

مسئله شماره 7Rules of Taqlīd

Ways of Obtaining Fatwā of Marja‘ Taqlīd

Issue No.7- There are four ways of obtaining the verdicts of a Mujtahid:a) When one hears from the Mujtahid himself or sees his handwriting.b) By reading the Mujtahid's book of “Practical Laws of Islam” (Tawḍīḥ al-Masā’il), provided that one is certain about the correctness of the book.c) When one hears from a trusted person.d) When it is known widely amongst the masses, to a degree causing certainty.

مسئله شماره 9Rules of Taqlīd

Juridical Terms in the Book "Practical Laws of Islam"

Issue No.9- If the Mujtahid does not give an explicit fatwā on an issue and says that as per precaution one should act in such and such a manner, this is called “obligatory precaution” (al-iḥtīyāṭ al-wājib). The follower (muqallid) in this case may either act on this precaution or refer to a Mujtahid at the same level of learnedness or a Mujtahid who is the most learned after the Mujtahid he follows. But if he has given an explicit fatwā, for example, he says the iqāmah is recommended, then he says that one should not d r o p it as a measure of precaution, this is called “recommended precaution” (al-iḥtīyāṭ al-mustaḥab). In such a case, the follower may either act on it or he may not. In cases where the Mujtahid says “It is a matter of contemplation” or “a matter of objection”, the follower can act on precaution or, he may refer to another Mujtahid. However, if he says “evidently, it is as such” or “most likely, it is as such” these expressions are regarded as a fatwā and the follower must act according to it.

مسئله شماره 32Less Than Kurr (Qalīl) Water

When Something Najis Comes in to Contact with Qalīl Water

Issue No.32- If a najis thing contacts less than kurr water, it makes it najis (as an obligatory precaution). However, if it is poured over a najis object, only that part which contacts the najis thing will become najis. If less than kurr water is shot up, like in fountains, and contacts a najis object, the lower part will not become najis.

مسئله شماره 33Less Than Kurr (Qalīl) Water

Ghusālah of Qalīl Water

Issue No.33- If an object that has become najis is washed with less than kurr water which is ṭāhir, it becomes ṭāhir (under the circumstances that will be explained later). However, the water that separates from it – called ghusālah– is najis; the one exception being the water with which the outlets of urine and faeces are washed, provided that the following five conditions are met: 1) It does not take on the smell, colour or taste of the najāsah. 2) No najāsah has reached it from outside. 3) It is not accompanied by any other najāsah like blood or urine.4) As an obligatory precaution, particles of faeces do not appear in the water. 5) More than usual najāsah has not spread around the outlet. It should be noted that the ṭahārah of water in these circumstances means that if it comes into contact with one’s body or clothes, it is not necessary to rinse it, yet it cannot be used for other purposes in the same way as other ṭāhir water is used.

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