Fatwa Panel of the Week – Volume 03 Issue 11

Fatwa Panel of the Week - Volume 03 Issue 11

Taqlīd

(Following a Jurist)

According to the fatwas of the Grand Religious Authorities: Ayatollah Sayyed Ali Khamenei, Ayatollah Sistani, and Ayatollah Makarem Shirazi (may Allah prolong their blessings):

Fatāwā presented without citing a differing opinion or a specific reference are the common rulings shared by all of the three respected Marāji‘. In cases where the ruling of one Marjaʿ differs from that of the other two, it is indicated in a footnote under the same number, mentioning the Marjaʿ by name.

The Necessity of Following a Qualified Mujtahid

In the jurisprudential school of Twelver Shiʿa Islam, acting upon the divine laws requires referring to the authoritative religious sources: the Holy Qur’an, the Sunnah of the Noble Prophet (peace and blessings be upon him and his family) and the Ahl al-Bayt (peace be upon them), as well as consensus (ijmāʿ) and reason (‘aql).

Since ijtihād—the derivation of legal rulings from these sources—requires extensive scholarly expertise in the religious sciences, and since exercising precaution (iḥtiyāṭ) in all matters is difficult and sometimes leads to hardship, taqlīd (following a jurist) and referring to a fully qualified mujtahid (mujtahid jāmiʿ al-sharāʾiṭ) has been accepted as a customary, rational, and widely recognized method consistent with the practice of reasonable people.

Furthermore, numerous narrations from the Imams of the Ahl al-Bayt (peace be upon them) emphasize that during the Occultation (ghaybah) people should refer to trustworthy jurists and transmitters of hadith. These narrations demonstrate the legitimacy—and even the necessity—of such reference during the period of the Occultation.

The Ruling on Remaining in the Taqlīd of a Deceased Mujtahid

In Shiʿa jurisprudence, the general principle is that initial taqlīd of a deceased mujtahid is not permissible. This is because rational reference to an expert implies consulting a specialist who is alive, accessible, and capable of addressing new issues as they arise.

However, if a person had already begun following a mujtahid during his lifetime, many Imami jurists consider remaining in his taqlīd after his death permissible under certain conditions, often with the permission of the most learned living mujtahid (al-aʿlam).

The basis of this view is that the authoritativeness (ḥujjiyyah) of the mujtahid’s fatwas was already established for the follower during the mujtahid’s lifetime. With the jurist’s death, this authoritativeness does not completely disappear with respect to past actions or the continuation of acting upon those rulings—unless a specific religious proof establishes the obligation to change to another jurist.

Accordingly, the issue of remaining in the taqlīd of a deceased mujtahid is explained within the same rational and religious framework of referring to a qualified expert: in such a way that the practical continuity of the believer’s religious life is preserved, while the possibility of referring to a living mujtahid for new issues remains available.

The Current Situation of the Followers (Muqallids)

Following the martyrdom of the Marjaʿ of the Shiʿa world, Grand Ayatollah Sayyid Ali Hosseini Khamenei (may his secret be sanctified), his followers are now faced with two jurisprudential possibilities regarding their religious duty:

  1. Switching (ʿudūl) to a living mujtahid
  2. Remaining in the taqlīd of the deceased mujtahid

Therefore, in order to determine the correct religious duty in accordance with the principles of Imami jurisprudence, the rulings of the living Grand Marājiʿ on this matter are presented below so that the ruling regarding remaining in the taqlīd of a deceased jurist or the necessity of switching to another jurist may be clarified.

The Views of the Grand Marājiʿ on Remaining in the Taqlīd of a Deceased Mujtahid

Grand Ayatollah Sayyid Ali Hosseini Sistani:

It is obligatory for the followers of Grand Ayatollah Khamenei (may his secret be sanctified)—and for anyone who considered him the most learned (aʿlam) and was committed to following his fatwas—to remain in his taqlīd, and they are not permitted to follow us, except in newly arising issues.

Grand Ayatollah Naser Makarem Shirazi:

It is obligatory for the followers of Grand Ayatollah Khamenei (may his secret be sanctified)—and for anyone who considered him the most learned—to remain in his taqlīd regarding the issues in which they have already acted according to his fatwas, and they are not permitted to follow us, except in newly arising issues.

Grand Ayatollah Hossein Nouri Hamedani:

It is obligatory for the followers of Grand Ayatollah Khamenei (may his secret be sanctified)—and for anyone who considered him the most learned and has acted upon his fatwas in some matters—to remain in his taqlīd in all matters, and they are not permitted to follow us, except in newly arising issues.

Grand Ayatollah Abdullah Javadi Amoli:

For the followers of Grand Ayatollah Khamenei (may his secret be sanctified)—and for anyone who considered him the most learned—remaining in his taqlīd is an obligatory precaution, and they are not permitted to follow us, except in newly arising issues.

Grand Ayatollah Hossein Vahid Khorasani:

It is obligatory for the followers of Grand Ayatollah Khamenei (may his secret be sanctified)—and even for those whose duty had been to follow him—to act according to his fatwas, and they are not permitted to follow us, except in newly arising issues. This applies whether or not they had formally committed themselves to acting upon his fatwas during his lifetime, whether they had previously acted upon them or not, and whether they had learned his rulings or not.

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