Taqleed Aur Ijtehad English

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In the name of Allah Most Gracious, Most Merciful

Taqleed & Ijtehad

Ayatollah Allama
Syed Ibne Hasan Najafi

Translated by

Syed Saeed Haider Kazmi

Published by

Markaz -e- Fikr -e- Islami Islamabad

Presented by www.ziaraat.com

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Title: Taqleed & Ijtehad
Author: Ayatollah Allama Syed Ibne Hasan Najafi
Translator: Syed Saeed Haider Kazmi
Publisher: Markaz Fikr-e-Islami, Islamabad
First Edition: July 2010

For further information about this book email to:
Saeed Kazmi [email protected]


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Contents

Foreword ................................................................................5
The Meanings of Taqleed ......................................................13
What Does Nature Say ...........................................................15
Guidance by Intellect .............................................................19
And This is How Quran Guides ............................................21
Decision of Tradition .............................................................25
Think of It This Way ..............................................................33
A Little More Aggravation ....................................................39
The School of Ijtehad .............................................................45
Commentary by Imam Hasan Askari(AS) .............................49
The History of Ijtehad ............................................................53
A Look at Al Risala ...............................................................57
The Fact Is..............................................................................61
The Period of Short Occultation ............................................63
The Last Word .......................................................................65
Our Marjay Taqleed ...............................................................67
Bibliography ..........................................................................77

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Foreword

When a man does not know something he wants to enquire
about it. Children ask their elders. The grown-ups seek
assistance from others with more knowledge than themselves.
This is the norm of the society; especially, in religious affairs
people tend to be more sensitive and also majority is generally
ignorant of true facts. Therefore, all of these people consult
trustworthy people knowledgeable in religious affairs to solve
their problems. It is the nature of humans. It is the ruling of the
Islamic constitution. And this modus operandi is called
Taqleed in the language of Sharia.
However, there are people who raise a variety of objections
such as:

1. Some call it innovation in religion (bidaat).
2. Others call it saint-follower relationship.
3. Another segment of the society terms it oppression by the
religious scholars.
4. There are others who label this action as mental slavery.
They claim that Islam has actually condemned this way of
life. They think that Quran is a very easy book and why
should we not get the answers to our queries straight from
the book.
5. Besides, there are no reliable arguments to be found in
favor of taqleed in Allahs holy book and the teachings of
Fourteen Infallibles. If you sift through the history of shias,
you will not find any mention of taqleed and ijtehad for the
longest time.

The fact of the matter is that all these comments are
indicative of lack of study and lack of desire for research. The
response to each of the objections listed above is as follows:

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1. In no way taqleed is an innovation. From all perspectives it
comes from knowledge and constitution.
2. Similarly no saint is followed. It is a purely scholarly, full
of vigor and dignified approach.
3. And there is no compulsion. If someone is interested in the
wellbeing of his religion and integrity of his deeds, he
should consult the most aware person about the affairs of
sharia and should get his answers from him. This person of
high faculties is a mujtahid or marjae taqleed. The marjae
taqleed is trusted in the everyday problems of life because
of his highest knowledge he is above all the scholars of
his time.
4. Our submission to those, who consider taqleed counter to
the freedom of thought, is that nothing reaches its logical
conclusion without some contemplation. So if we do not
know something, finding out about it is a testimony of a
civilized mind, freedom of thought and breadth of
imagination.

Now as far as Quran being easy to understand is
concerned, this collection of constitution and laws is not so
easy that anybody can get to the depth of its meanings on his
own. As an example, a verse says, pray and pay alms. How is
it possible to get from this verse explanations about the form of
prayers, its composition, what is wrong and what is right;
similarly conditions of alms and its related issues?
In addition, the biggest difficulty at the first step to get to
the real meanings is the language. The holy book came in
Arabic. Arabic language has such depth and breadth that even
the Arabic speaking people lose heart in trying to get to the
details.
To understand the idiosyncrasies of Arabic language scores
of higher level text books are available all over the world. Also
most scholars are familiar with voluminous classic collections
such as Mughniul Labaib, Alkhasias by Ibnul Janni and
Almukhassas by Ibne Sayyeda Undlusi.
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Even if one wants to partially understand Allahs book, in
addition to having command over all the rules of the language,
one will need to benefit from all the valuable guidance we have
received from our leaders who knew the temperament of Holy
Quran. At this point we wish to seek the spiritual pleasure of
reciting a few parts of a detailed tradition by the Holy Prophet
(SWS). He says:
.
:
.
The Holy Quran has two sides to it. One is visible and the
other is hidden. The visible is all rules and regulations. What is
hidden is a source of knowledge, wisdom and deep
understanding of the Creator. If you look at the obvious, all
you observe is beauty and happiness. If you look at the
invisible, you see tremendous depth. Its pages are decorated
with stars. (Shining proofs of Allahs existence) And then there
are even brighter stars. (Shining proofs on top of proofs)
1

In addition, the most knowledgeable of all about the
intricacies of Quranic philosophy Amirul Momineen Ali
Ibne Abi Talib comprehensively identified in one of his
speeches certain elements that are essential to benefiting from
the Holy Book. He says:

.
The Holy Prophet left among you the book of the Creator and
His Highness clearly told you what is in the Book. What is
allowed and what is prohibited. What obligatory (vajib) means
and what recommended (mustahab) signifies. He mentioned

1
Usule Kafi, vol 2 p438, published by Maktaba Islamia, Tehran
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the cancelled verses and the verses that superseded the
cancelled verses. He told you about certain situations of
distress where you could use your own judgment and where
you had to follow the rules unconditionally. He pointed out to
you the specific and the general. He made you aware of certain
events that you could learn lessons from. He identified the
deeds you could do and the ones you were prohibited from. He
also talked about the facts that were easy to understand and the
ones that were difficult for ordinary people to comprehend.
1

By referring to the Last Prophet (SWS) Hazrat Amir (AS)
wants to tell the people that Quran belongs to everyone and is
for the benefit of all. Also in order to spread its benefits the
Holy Prophet explained some of the more difficult portions.
However, can a sane person honestly say that points identified
by the Amir (AS) are so easy that anyone can get to the correct
meanings and the purpose on his own? Will he be able to gain
enough understanding to perform his deeds? Anyone with a
conscience will holler that absolutely not; until there is
someone to guide properly, it will not be possible to understand
everything.
So this continued insistence on Quran being a very easy
book; that we should consult only and only Quran to find
answers to all our questions; and that whatever intelligence we
have, with the help of a dictionary it will catch every hint given
in Allahs Book is rather illogical.
One other point. It will not be inappropriate at this time to
recall that this holy book has gone through some tough
moments when it was subjected to a use against its spirit. The
first such terrible moment was when the Great Prophet (SWS)
asked for a pen and a paper to write his will and the answer he
was given was, there is no need for any writing, Quran is
enough for us
2
. Thus the foundation was laid to detach from

1
Nahjul Balagha, first lecture, p44, compiled by Dr. Subhi Saleh, published
in Beruit, 1387H
2
Sahih Bokhari , Sharah Kirmani, vol 2, Kitabul Ilm, tradition # 114,
page 126; published: Ahya Al Tarasul Arabi; second edition
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the holy book its most trustworthy and most understanding
companion, the sacred family of the Prophet (Ahlul Bait).
The second sad episode took place at the Siffin war when
one platoon of Imam Alis (AS) army instead of obeying the
Imam, raised the slogan :
we will accept no ones

order except Allahs. History tells us that for a long time this
gang bloodied their hands through the murder of many
innocent people.
1

Then several centuries later around 1025 AH fairly well
known intellectual of Shia sect, Mullah Muhammad Ameen
Ustrabadi, was prompted by his teacher, Mirza Muhammad
Ustrabadi, into writing a book Alfavaid ul Madniyyah. The
essays in this book created a lot of discontent in the Shia school
of thought. Alfavaid ul Madniyyah gave birth to a new school
of thought called Akhbariat. The followers of this school did
not do justice to Quran.
2

Afterwards at the beginning of the twentieth century an
individual from the Vazir Mosque of Lahore raised his voice.
He used to say that solutions to all our ailments are in Quran
and we should satisfy all our needs through only and only

It should be kept in mind that Bokhari has quoted this tradition six
times in his Sahih and Muslim Bin Hajjaj has listed it three times
in his Sahih. See vol 2 Kitabul Vasiyya, tradition # 21; vol 3 page
1257 1259; published Beirut
In addition, we have with us about twenty scholarly collections
put together by narrators of traditions and historians that quote the
same thing.
1
The two people who initiated this slogan were Zaraa Bin Alburj Altai and
Harqoos Bin Zuhair As-Saadi. Tarikh (History) Tibri, vol V, p 72, published
Beruit; Kamil Bin Aseer, vol III, p334, published Beruit.
2
Akhbar is plural of khabr. According to the terminology used by Scholars
of Islam a saying of the Prophet and Ahlul Bait is called a khabr. The
followers of Akhbariat were called Akhbaris and they considered the
sayings of the virtuous fourteen as the source of all religious (sharai)
commandments. And as far as Quran is concerned they thought that since
our intellect cannot fathom its meanings when a need arises we should only
consult Akhbar (traditions). Insha Allah there will be more discussion in the
context of ijtehad later in the book.
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Allahs Book. The result was that a number of people started
studying and teaching Quran on their own.
One of those who gained prominence was Mr. Aslam
Jirajpuri and now his successor, the head of Idara Tulu-e-Islam
Mr. Pervez is spreading the message, but the impact is very
slow.
However, the success of Islamic revolution in Iran has
given life to a new wave at many places. It seems to have little
religious and more of political fervor. The ones who have been
most afflicted are graduates of western style institutions or
those who have been influenced by them. Suddenly, they have
decided to unite against marjiat and ijtehad for the purpose of
destroying the system of taqleed and they are using Quran to
achieve this malicious goal. These days there are around
twenty journals of high standard being published in Arabic
80% being printed in the West and 20% in the East. It is
interesting that the owners of these publications are either
Christians or those who cannot stand the word, ijtehad all
of them singing the same tune.
What is startling is that the movement is the strongest in the
Indian Sub-continent; especially, in Lukhnow and Hyderabad-
Deccan. Attempts are being made in Karachi and Lahore as
well but the progress is slow. This is probably why the pulpit is
being used generously and often times speakers are invited
from abroad. It is being reported that the intent is to disgrace
Iran and for this purpose the instruments of writing and speech
are being hired with funding from overseas.
Nevertheless, one argument could be that if the answer to
our question could not be found in Quran, then it can be
sought out of the Prophets (peace be upon him and his
progeny) traditions. However, the difficulty will be that to
extract knowledge from the traditions one will have to have
thorough knowledge of Arabic language and literature, keen
insight into jurisprudence, in depth understanding of traditions
and awareness of the faculty of understanding people (ilmur
rijal); otherwise, it will not be possible.
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5. In the end, the decision of intellect and sharia is that an
individual who is not familiar with the laws of
jurisprudence, needs to consult a judicious person
knowledgeable of religious faculties and then act
accordingly. This is the commandment of Allah, teaching
of the Prophet (peace be upon him and his progeny), advice
by the Aimma and assertion by the scholars (ulama); and
our history has been consistently saying the same thing.

Let us move forward and by using scholarly ways explore
taqleed and ijtehad so that we could get peace of mind and
conscience.


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The Meanings of Taqleed

Books have been written to search out the meanings and
purposes of the roots of words in Arabic language. If you open
such books you will find that the word Taqleed means
several things. You wear a necklace or put a wreath around
your neck, you will be doing taqleed. The word taqleed
comes from the root word qaladat. Qaladat means:

Something you put around your neck.
There are several other actions called taqleed, such as
giving responsibility to someone; following the footsteps of
another individual; imitating someone or adopting someone
elses ways; wrapping a swords strap around the neck; putting
a rope around a camels neck for recognition and so on.
1

So far we have described what the linguists think of this
word. Let us ask the experts of law and the philosophy of
law what they understand about the word, taqleed because it
is a part of their terminology and topic. The answer we get is:
if an individual is unaware of the religious intricacies and he
unconditionally accepts the orders of an Islamic scholar; or
someone, who himself is not a faqih, accepts the fatwa of a
mujtahid with the intention of acting accordingly and without
any arguments. This is taqleed.
2

At this point it is important to emphasize the following:

1
Lisan Ul Arab, Ibne Manzoor, vol 3, p 366, published in Beirut. Taj Ul
Uroos, Muhammad Murtaza Zubeidi, vol 2, p 475, published in Beirut.
Misbah Ul Muneer, Ahmed Bin Muhammad Fayyumi, vol 2, p 512,
published in Qum. Al Ain, p 683. Mufarredat, Raghib Isphahani; p 411,
published in Beirut. Almanjid, p 649, published in Beirut.
2
Kifayatul Usul, Akhund Muhammad Kazim Khurasani, p 472, published in
Beirut. Al Urwatul Vusqa, Allama Muhammad Kazim Tabtabai, vol 1, p 4,
published in Kuwait.
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Some people who have not understood the philosophy of
taqleed, propagate that taqleed implies obeying a particular
individual. On the other hand all marajay, fuqaha and
mujtahideen explain that after extensive research according to
recognized rules, a mujtahid discovers a certain rule of sharia,
an ordinary Muslim should accept his ruling. This is not the
same as obeying or blindly following a specific individual.
Rather, this is a reliable method of acting according to the
sharia system and religious laws with the help of an able
personality.
During the Siffin battle in the context of arbitration, Ameer
(AS) stated, Silent command (Quran) is in need of an
interpreter and this interpreter can only be a human being.
1

1
Nahjul Balagha, khutba 125, p 182, organized by Dr. Sahmi Saleh,
published in Beirut.

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What Does Nature Say?

Taqleed is not something that has been imposed on people
from outside. Rather it is something in the human beings
nature. And remember if something is part of a mans system,
it cannot be taught from outside. It keeps simmering inside and
then surfaces in all the people irrespective of nationality or
gender all over the world. The result is that descendents of
Adam have no choice but respond to this call of nature. As an
example;
The urge to know the truth; love for beauty; desire to excel;
quest for knowledge; wish for honor and respect; feeling for
sacrifice and selflessness; and longing for well-being and
goodness. Every one of these conditions swells up from the
depths of heart; and it is only due to these states coming to the
surface that people choose another man as an ideal and nations
choose heroes.
By the same token nature truly longs for taqleed. Benefiting
from research by the experts is a natural phenomenon. If
nations give up taqleed; i.e., move away from excellence; let
expertise go astray; pay no attention to skills; can you expect
that their civilization will prosper; that their social life will
bloom; that inventions will multiply; that industry will grow;
that trade will thrive? Certainly not!
The hustle and bustle, the pomp and glory, and the abundance
we are used to, it is all because of taqleed. If taqleed loses its
effect, every thing will stop, all activities will come to a halt.
We all agree that everyone wants to portray himself as an
accomplished person. The only way it can be done is to
overcome ones weaknesses by benefiting from another
individual who has achieved excellence in that particular field.
And it is not a secret that religion is the most important part
of our culture because it is directly linked to the affairs of
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hereafter. Therefore, it is imperative that in order to know and
follow the rules and regulations of sharia, we illuminate our
minds with the sayings of those great fuqaha who have devoted
their lives for teaching the religion.
Ijtehad is the effort Ulama put in and taqleed is the act of
benefiting from this effort by general public. In this context the
teacher of the Ulama, Akhund Mulla Muhammad Kazim
Khorasani (died 1329 H) has a beautiful saying:

.
_
. .

.

:
.

We should not forget that taqleed is an undisputed fact and it
is quite obvious that someone who does not know certain
issues will ask a knowledgeable person. It is a natural
phenomenon and is in need of no arguments.
1

To summarize, taqleed in reality is a dignified way for a
person to achieve perfection. If a man could not acquire the
knowledge he needs to solve his problems, he should benefit
from others experiences. Imam Jafar-e- Sadiq (AS) says:
:

Allah (SWT) will not accept deeds that were performed
without comprehension.
2

We follow a Mujtahid because he has the insight and the
wisdom; he has the cures for our ills.

A Little Explanation

If anyone wants to write commentaries on Ilme Usool
(Knowledge of Principles) and Jurisprudence, they need to
follow established academic rules and regulations. However,
some individuals have not followed these rules and have
written some articles that have been unduly harsh in their

1
Kifayatul Usul, p 472, published in Beirut.
2
Usule Kafi, vol 1, p 35, published Maktaba Islamia, Tehran.
1:1+1c1 ++):1+C1 +:.+

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criticism on some topics. Let us take the example of taqleed.
They looked up the meaning of taqleed in a dictionary and
decided that tqleed is putting a leash around your neck. They
simply ignored where the word comes from and what do the
experts have to say. They have tried to misguide general public
that taqleed is a burden that has been placed on their shoulders
in the sacred name of sharia and they just have to live with it.
However, the concept of taqleed is just the opposite.
What it really means is that the follower (muqallid) places
the burden of the accuracy of the fatwa squarely on the
shoulders of the marjai-taqleed, while absolving himself of the
responsibility for the goodness of his deeds related to the
fatwa; whereas the marja is held responsible for those deeds.
The rule in the philosophy of law books states:

.
.

:
c
.
.
A commoner hangs the register of his deeds around the neck
of the marjai-taqleed.
1

In this context our greatest narrator of traditions,
Muhammad Bin Yaqub Kaleni, writes:
Once Imam Sadiq (AS) was present at a meeting at Rabia
Tur Rais
2
house. A Bedouin asked Rabia a question. Rabia
immediately responded. The Bedouin immediately asked
another question. OK, do you accept the responsibility for
what you have said? Rabia became quiet. The Bedouin
repeated his question. Rabia still stayed quiet. At this juncture
Imam Jafare Sadiq (AS) explained the relevant rule:

Yes the burden is on his neck
Then the Imam elaborated:

1
Al Ijtehad wat Taqleed by Sayyad Raza As Sadr, p 79
2
Rabia Tur Rais father was Abdur Rahman Farokh. According to Rijal
Sheikh Tusi he was a favorite pupil of Imam Zainul Abideen (AS). He also
received blessings from Imam Muhammad Baqar (AS). He was one of the
well known fuqahas of Madina. Rijal p 177
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Whoever gives the fatwa, is accountable for it.
1

1
Furu Kafi vol 7, Baab Innal Mufti Zamin p 409, published Darul
Kutub Al Islamia Tehran.

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Guidance by Intellect

Our intellect also supports the fact that taqleed is needed.
The reason is that man is not something that has been created
and then set aside. Rather he is an active existence that is
always struggling and striving. With every breath he is eager to
learn where he is heading to and how he can get there. In this
struggle the primary condition for success is to know for sure
what path he needs to take to get to his destination. And if he
himself does not know it, he needs to get directions from
someone who knows how to get there.
This is precisely why, in order to facilitate traffic, all big
cities have signboards everywhere, giving directions to
different places. They tell us what direction to take, where to
turn and what speed to follow. The traffic experts have actually
brought the roads alive by drawing all kinds of signs on the
roads. These symbols have taken on international standards
that guide people from all over the world alike.
Suppose the traffic rules did not exist or were not followed,
do you think in this age of high speed traffic, travel would be
safe? Absolutely not, everyone would be scared at every step.
If human intellect emphasizes use of taqleed (following
someone elses laid down rules) in the mundane affairs of
normal life, how is it possible that in the important realm of
religion everyone could be free to follow or not follow rules of
Sharia at their own whims.
After all, Islam has a system with rules and regulations that
need to be followed. Until and unless you know the relevant
rules and regulations well, you will not be able to act according
to them. Either a man has the ability to do ijtehad himself as he
can do the research and understand issues of jurisprudence
himself; or, to know the sharai rules, he has no other choice
but to do taqleed.
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Another thought worth considering. All wise people in the
world say, one must defend against imminent danger. That
is, whenever there is a danger, one must protect himself.
You see, we have to keep in mind that if our ignorance
about sharai issues keeps growing, then all our worldly affairs
will come to a halt. So it is imperative that we take care of this
issue. Does it not make sense that people should clearly
understand the religious obligations so they could satisfy them
in the most appropriate manner and nothing is left un-fulfilled?
Once again, there are only two ways of dealing with these
dangers. The first is research, i.e., one should climb the ijtehad
ladder himself. The second is taqleed, i.e., follow the fatwa of a
mujtahid. The first method is not possible for everyone; the
second is easy to follow. This is precisely why taqleed has been
declared mandatory (wajib).


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And This is How Quran Guides

Even though there are several verses in Allahs Book that
shed light on the issue of Taqleed. However, to keep it brief,
we will refer to only two of them. One is:

cc

If you do not know, then ask
c Ahluz Zikr, i.e. those

who know the learned ones.
1

This verse full of guidance describes a basic principle.
The ignorant should benefit from the knowledgeable. If
someone is unaware of a fact, he should ask someone who is
aware. Here it is quite obvious that the verse decrees it
necessary that one should ask in order to know the issues of
Sharia. So in case of ignorance it is mandatory (wajib) to ask
an authentic scholar.
At this point the intellect asks. Is the question being asked
just for the fun of it? Is it being asked to show off ones
intelligence? Or is it being asked to test the knowledge of the
scholar? It is quite obvious that the verse does not command
asking frivolous questions. Rather the intent is that the lack of
knowledge is taken care of. That the ignorant becomes wiser.
And now that the person knows, he will not have any problem
acting on it. This is the logical proof of the need for Taqleed.
It is possible that some people may say that the word Ahluz
Zikr refers to the Virtuous Ahlul Bait. Yes, we believe the
same. It is our belief that at the first level, our Righteous
Guides are the Ahluz Zikr. But then they tell us that after them
Fuqaha and Ulama of the Ummah assume the leadership role.
And if this clear fact and truth is not accepted, then no one can
stop absolute ignorance from becoming the fate of the Ummah.

1
Surah Nahl, Verse 43
+:( :1) 1 1::1

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Not every member of the society is capable of scholarly
discourse. And during the occultation of Last Imam the true
learned (who has been taught directly by the Creator) no one
has access to him, the only logical solution is to consult those
who have been taught indirectly and know and act on Imams
teachings.
The second command of Quran comes in the one hundred
and twenty second verse of Surah Tauba. The sacred verse
says:
.c
.
c
cc
[ c:

It is not essential that all believers should go. However, it is
important that a few people from all segments of the society
and Ummah should embark on the path to acquire knowledge
of religion. Once they have gained the capability, they should
come back to their homelands and teach the local residents that
they stay aware from bad deeds and avoid the path of denial.
1

This verse provides sufficient guidance. The first message in
this verse is that not all but a few need to come forward for
mastering the religious faculties. In other words what is needed
is that a few people become the scholars of religion and others
should accept their scholarly leadership and follow their
instructions.
You see, there are three key words in this verse that invite
every individual of intellect to ponder. Tafaqqa, Nazar and
Hazar. The first word came out of jurisprudence and means to
know not just knowing but knowing after deep thinking and
getting to the bottom of an issue. Raghib Isfahani, considered
a renowned expert on explaining the Quranic words, writes in
his world-famous book Almufarradat:

1
Surah, Toba Verse 43
1:1+1c1 1c1 1+ )+1C.:11c: 1 1

23
:c
.
Jurisprudence (fiqh) is the discovery of the unknown, the
invisible and the hidden facts.
Regarding Tafaqqa he writes:

c :

Once something, that was sought after, has been found,
gaining expertise in it is Tafaqqa.
The second word is Nazar or Inzar. It means informing
about the upcoming danger. The greatest linguist, Muhammad
Ibn Mukarram, writes in his dictionary, Lisan Ul Arab:
c
.c
c c
c
He informed the nation about the dangerous situation. The nation
realized the gravity and did whatever it could to save itself.
The third word is [

Hazar.
It means to be
careful. Ibne Mukarram writes in this context:
[ c

Someone who is aware; laced with defensive weapons; ready
to face any calamity; so well prepared to face any difficulties
as if he is about to run into an emergency situation.
Now if we consider the overall impression of these words.
And if we look at the message the verse is trying to convey, it
appears that those members of the society who are active, who
are doers and who have the capability, after acquiring the
knowledge of Islam should fulfill their duty and others should
benefit from them.
So the capable ones should use their intellect to seek the
light, and those who do not have such capacities should get
help from others. Nonetheless, this process of discovery,
absorption, dissemination and give and take should continue. It
is again submitted that this is exactly what ijtehad and taqleed
are all about.


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25
Decision of Tradition (Hadith)

In our collection of traditions there are about 100 traditions
that address the rationale behind taqleed. Some of them declare
taqleed mandatory (wajib), such as Sahiha
1
Ishaq Bin Yaqub.
This authentic tradition by our Current Imam Hujjat Ibnul
Hasan (AS) is as follows:

:
.
_
. c
.
:
.
.
_
.
: ::
In your lives when you face new problems never heard of
before, consult with narrators of our traditions to find out the
rules and regulations on how to deal with the new situations.
Following them is mandatory (wajib) on you because I
command you to do so and following me is mandatory (wajib)
on you because Allah commands you to do so.
2

Some intellectuals had difficulty getting to the real message
of the Great Imam (AS) in this saying. Therefore, they started
saying that the Imam had used the word Ruwat instead of
Fuqaha in this saying. However, regarding taqleed and ruju
(consultation) it needs to refer to fuqaha.
To explain it further, at the time of this saying, an average
man was accustomed to the words rivayat and ravi (tradition
and tradition narrator); and hadith and muhadith (saying and
saying narrator). That is why these words were typically used.
Then when the light of knowledge started to shine and religious

1
There used to be traditions of all kinds. Then the tradition experts
scrutinized all of them, categorized them and then based on the level of a
certain quality coined a name such as correct (sahih), popular (maqbool),
continuous (mutavatir), agreed on (mawasiq), reliable (motabar), weak
(zaeef) etc. Therefore, sahiha is a tradition by such narrators who all
belong to Shia sect and are considered reliable in all aspects.
2
Vasailush Shia Chapter 11 Sifatul Qazi Tradition 9.
)C:11 1( .) C1

26
literature began to take shape, use of certain words became
common; such as, fiqh (jurisprudence) for getting to the core of
a piece of writing, taqleed for obedience with understanding,
mujtahid and marja for the individual to be followed in religion
with knowledge.
You see, this is the nature of evolution that affects different
facets of life. When wisdom and knowledge require them, new
words spring up as the vehicles to explain certain ideas and
then they gain acceptance in the society.
Some people, who are stuck in their scholarly pride, also
decree that in this saying the Imam directs us to consult the
fuqaha only in cases of calamities; i.e. only if you face certain
difficulties, you need to ask an authentic personality of the fiqh
world. Whereas, this saying applies to all issues that affect a
persons individual as well as collective life in the society until
dooms day.
Also it is important to pay attention to the fact that the
Arabic word alhawadith is the plural form of hadtha but in
Arabic literature, the language of muhadith and that of fuqaha,
it does not mean the same thing as accident in English. Here
alhawadithul waqia refers to all new situations that an
individual comes across.
1

Another fact to consider is that the Current Imam (AS) on
one hand directed common people to consult fuqaha of their
time to seek solutions to new problems, on the other hand he
declared these fuqaha as the authority. So it is mandatory
(wajib) to follow their instructions just like it is mandatory to
follow Imams instructions. The saying also conveys the
message that there is accountability for disobeying the fuqaha
just like there is accountability for disobeying the Imam.
Some scholars doubt the authenticity of this saying. They
claim that the tradition narrator is Ishaq Bin Yaqub who is not
a known personality. However, the fact is that in the scholarly

1
Meaning of Hawdith: Almanjid, Alaab Maaluf, p 121Al Mufarridat,
Raghib Isphahani, p 110. Al Ain, Ibne Mukkaram, p 167. Majmaul Bayanul
Hadith, Sami Atif Ul Zain, p 222.
1:1+11c11+1)+C1.11c1

27
world Ishaq Bin Yaqub is not an unknown person. He is the
brother and teacher of a reliable friend of Islam, Muhammad
Bin Yaqub Kalini. None of the greats of the world of hadith
have called him a weakling. In addition, Al Rejal, the author of
Qamus (Arabic dictionary) has also authenticated him.
In addition, the referenced saying has been quoted by
Sheikh Saduq (died 381 H) in Kamal Uddin; Sheikh Tusi in
Ghaibat; Tibrisi in Ehtejaj; and Allama Hur Amili in Vasailush
Shia. They have all listed Muhammad Bin Yaqub as the
source
1
. If such hadith specialists consider this saying
authentic, there is no place for any doubters.
There is another tradition on this subject by Imam Jafar-e-
Sadiq (AS):
_
.
|
.
::
Any deed done without knowledge and understanding will
not be accepted by Allah.
2

Similarly Imam Sadiq (AS) told Humran Ibn Aain:
. :

.
.

.
. :

.
::
Destruction is the fate of those who hesitate to seek answers
to problems.
3

The leader of martyrs, Hazrat Imam Hussain (AS), guides
like this:

.
. :

:
. _ .
| ::

1
Kamal Uddin wa tmam Un Nema, Abu Jafar Muhammad Ibn Babu As
Saduq, vol 2, p 484, published by Muassasa tul Nashr Ul Islami, Qum.
Ghaibat, Sheikh Tusi, p 177. Ihtejaj, Tabrisi, vol 2, p 283. Vasail Ush Shia,
Bab Sifat Ul Qadhi, vol 27, p 140, published by Muassas tul Ahl Albait.
Awalim Ul Uloom, Muhaddith Kabir Sheikh Abdullah Al Bahrani, vol 2, p
90, Intisharat Bunyad Farhangi, Qum.
2
Usul Kafi, vol 1, hadith 2, p 35, published by Maktaba Islamia, Tehran.
3
Usule Kafi, vol 1, hadith 1, p 31, published by Maktaba Islamia, Tehran.
)C:11 1( .) C1

28
The authority for running the affairs of the society and getting
all commandments of sharia executed lies with those religious
scholars who get Allah acquainted and who have been
entrusted by Allah with the responsibility of answering
questions of lawful and unlawful.
1

In the same context another saying called Maqbula
2
Umar
Ibn Hanzala is referred to Imam Sadiq (AS):
: :
. :
::
Who amongst you narrates our sayings, keeps an eye on our
declared lawful and unlawful issues, has the knowledge of our
commandments, you should accept his decisions with your
heart. And you should understand that I have made him your
ruler. Also if his decisions are according to our teachings and if
someone does not follow those decisions, then let it be
understood that he is insulting Allahs command and he is
denying us. And whoever denies us will be censurable for
denying Allah and will be at the threshold of polytheism
(shirk).
3

1
Tohful Uqool,p 169, Ibn Shaabatul Harani, published Tehran.
2
Dr. Subhi Saleh, the author of Ulumul Hadith writes, Maqbool tradition
is called sahih (correct) and the rejected one is called zaeef (weak). In
addition the Shia Scholars state, A tradition whose meanings are well
known among general masses for the purpose of acting on it, is known as
maqboola (acceptable).
3
Usule Kafi, vol 1, book Fazlul Ilm, p 54, narration 10, published Maktaba
Islamia, Tehran.
1:1+11c11+1)+C1.11c1

29
And now here are a few traditions of Chaste Imams that
prove that in their respective times they themselves introduced
various wise persons who could provide sharai commands and
solve the religious issues.
Shoaib Aqarqufi asked Imam Jafar Sadiq (AS), when there
is a need who do we ask questions of sharia? Hazrat
responded:

: ::
Ask Abu Baseer Asadi.
1

Similarly we receive guidance from the following tradition
of Imam Sadiq (AS):
Abdullah Ibn Yafur asked the sixth Imam, my lord, if
someone asks me a sharai question, neither can I come to you
for the answer every time, nor can I myself provide a
satisfactory answer. The Imam responded:

. :
: ::
OK, then why dont you consult Muhammad Ibne Muslim
Saqafi? He has listened to my father and he had my fathers
blessings and he was considered one of trusted people.
2

Another saying of Imam Jafar Sadiq (AS): Younus Ibne
Yaqub says, we were in the sacred company of Imam Sadiq
(AS). During conversation Imam said:

. :
. :
.
.

. :

: ::

1
Rajal Kashi, issue 291, published by Mustafavi, Tehran. Vasail Ush Shia,
vol 27, p 142, Manshurat Muassasa, Aal Ul Bait, Qum.
2
Vasail Ush Shia, Hur Amli, vol 27, p 144, Manshurat Muassasa, Aal Ul
Bait, Qum.
)C:11 1( .) C1

30
If you have no place to get peace of mind and cannot get
solutions to your problems, then what is the difficulty in
visiting Haris Ibne Mughaira Nasri?
1

Eighth Imam Raza (AS) is quoted by Abdul Aziz Ibnul
Mohtadi and Ali Ibne Yaqtin, that we asked Imam, Your
honor, we live far away from here. We cannot visit you very
often. Please tell us how we can seek religious knowledge. Can
we count on Younus Bin Abdur Rahman? The Imam
responded,
.
.
::
Yes, benefit from Younus Bin Abdur Rahman.
2

Same question was asked by Ali Bin Mussayyab Hamdani.
The Imam responded:
::
In your transactions and problems you should seek judgment
(fatwa) from Zikria Bin Adam Qumi because he is honest and
trustworthy in the affairs of this world and religion.
3

Another saying of Hazrat Imam Raza (AS) relevant to the
subject under discussion:
Abdul Wahid Bin Muhammad Bin Abdoos narrates that the
esteemed Imam said:
::
The Lord of all worlds will bless His servant with His divine
mercy who keeps our system alive.
The narrator says that he asked, Your honor, how can your
system be kept alive?
The Imam responded:

1
Bait, Qum.
2
Bait, Qum.
3
Bait, Qum.
1:1+11c11+1)+C1.11c1

31
.
.
. :
.
.
::
By seeking our knowledge and then passing on to others.
1

And now the names of a few great personalities who were
chosen by the Chaste Aimma (AS) for providing intellectual
guidance and leadership:
Qasam Ibne Abbas was appointed by Ali Ibne Abi Talib
(AS) as the governor of Mecca. Amir (AS) gave him
instructions in a letter as follows:

::
Qasam. Give fatwa to those who desire it from you. Teach
the ones who do not know and refresh memory of those who do
know.
2

Imam Baqar (AS) told Aban Bin Taghlab Bin Rabah:
. :
. .
.
::
You sit in the mosque in Madina and give fatwas to those
who come to get them. I very much like people like you among
our shias.
3

Muaz Ibn Muslim Nahvi quotes Imam Jafar Sadiq (AS):
Is it true that you sit in the mosque and give fatwas? I
replied, Yes, and before leaving I wanted to ask you
something in this context. My lord, when I am in the mosque,
all kinds of people come to ask questions. If I find someone
whose thinking appears to be different from ours, I respond to
him according to his own thinking. If the individual happens to
be a lover of Ahlul Bait, I fulfill my obligation by answering
according to your teachings. But sometimes it becomes
difficult to discern, then I give him several answers with

1
Maanil Akhbar, p 180, Vasail Ush Shia, vol 27, p 140.
2
Nahjul Balagha, p 457, organized by Dr. Sabhi Saleh, published Beirut.
3
Rijal Ul Najashi, Abul Abbas Ahmad Bin Ali Al Najashi, vol 1, p 73,
published Varal Adhvan, Beirut.
)C:11 1( .) C1

32
quotations from people of different schools of thought. The
Imam (AS) responded, You are doing the right thing. In such
situations I do the same.
1

1
Rijal Kushi, p 470, published Mustafavi, Tehran.

33
Think of It This Way

Quran wants that every faithful should lead a life filled
with the light of knowledge and wisdom. The holy Prophet
(peace be upon him and his progeny) and the chaste Imams
(AS) had the same desire. But at the same time it has been
emphasized that of all faculties of knowledge, religious studies
should be at the top in priority. Thorough understanding of
religion should have preference. It is important to know that
awareness of sharia in day to day transactions is fundamental.
Let us also clear this misconception that tafaqqa (expertise
in the knowledge of sharia) is limited to awareness of a few
issues of cleanliness, prayers, fasting, etc. Rather in the context
of life in this world, it is the competency to know and
scrutinize the everyday transactions of individuals and the
society at large.
You see diin (religion) is a system that guides every move
of its believers. And the purpose of gaining expertise in diin is
that an individual has thorough knowledge of all commands
related to his and others everyday transactions. As stated
earlier, tafaqqa is not limited to the rules of worship. Rather it
covers ethics, citizenship, politics, government, economics,
trade, agriculture, defense, international relations, industry etc.
In regards to this awareness the intellectual of Islam, Imam
Ali (AS), once declared from the podium:
.
It is sensible to be well versed in religious laws.
1

It is possible that some people who have trouble getting out
of their limited thought process may have the impression that
the journals compiled by the marajae seem to be limited to
worship related issues. Yes, on the surface it appears that way.

1
Usul-e-Kafi, vol 1, p 36, published Maktaba Islamia, Tehran
1:1 ( 1 1+) ) ( 1

34
On the other hand since these journals are the means in writing
to make general public aware of issues related to their everyday
transactions, it just makes sense to cover such issues.
However, as far as the larger and classical collections of
jurisprudence (fiqh) are concerned, they have the most
apropriate solutions for just about every problem related to the
individual as well as the society. There are detailed discussions
with proper arguments relevant to the different branches of
social sciences. However, this treasure is of use to only those
scholars who take the pains to study them and not for the
average man.
The special reason, rather the real reason, for keeping the
journals of marjae brief is that after the demise of the holy
Prophet (SWS), there was a well thought out revolution that
changed the face of politics and government. It did not leave
any room for the shia sect. The result is that until now any time
constitution experts have gathered to show off their knowledge
of the law they have only looked at the four sects of
jurisprudence (fiqh). No one except a handful has paid any
attention to the fifth fiqhi sect. So this neglectful attitude of the
worldly people has created a lot of hurdles and has not given
the opportunity to the shia fiqh to thrive.
On the other hand history says that at different times and
places in the world shias themselves got the seat of the
government. It is true. But wherever they got the power they
did rule but not on the basis of shia fiqh. In other words no
effective idealistic government came into being that could
enforce the sharai rules and regulations. Such as:
Idrisi government in Morocco; Alawis rule in states
around Qazvain Sea; the kingdom of Aal-Boia in Iraq and
Persia; reign of Banu Hamdan in Syria; Fatimi rule in Egypt;
empires of Safavis, Qacharis and Pahalvis in Iran;
administrations of Aadil and Qutub in South India; the state of
Awadh in North India, etc.
OK, that is correct. But it relates to only a few segments of
the history of shias. You see, in this world wherever strong
1:1+1c1 1+)11:+1C.1

35
personalities showing affiliation with virtuous Ahlul Bait took
reins, a vibrant civilization and captivating culture came into
being. Literature flourished. Creativity blossomed. Such values
set in that are still non existent in many societies. However, in
spite of all this the rules and regulations of shia fiqh were
enforced only loosely. In other words common shia person did
not get the fiqhi mindset. The result is that the rules and
regulations relevant to every day life stayed frozen. They were
neither enforced nor disseminated to general public.
There were different reasons and circumstances responsible
for such situations but it is best not to discuss them openly
here.
Anyway, let us get back to our topic. Some people claim
that Quran and other treatises strongly condemn taqleed,
obedience and following. Quran says in 28
th
verse of Surah
Aaraf:
_
.
.

_
_ c
.

_

When these people commit a shameful act, they say, We
have seen our elders do these deeds and Allah has ordered us to
do so. Tell them, Allah never orders doing bad deeds. Do you
in the name of Allah say such things that you have no
knowledge of?
And this is not the only verse. There are others such as verse
104 of Surah Mayeda:

[

:

.

_
: .

1:1 ( 1 1+) ) ( 1

36
And when they are told to come towards the constitution that
came from Allah and follow the Prophet, they say, whatever
we have seen our ancestors do, suffices for us. Will they
continue to follow their ancestors, even if those ancestors had
no knowledge and were totally ignorant of the true path?
Now let us look at the portion of Surah Shora (verses 70
74) where Prophet Ibrahim (AS) talks to his community. Here
is the summary:
.

_
.

_
When Ibrahim asked the community and the priest of the idol-
filled temple as to whom did they worship. They answered,
Here are some idols that we worship and serve. Ibrahim then
asked, When you call them, do they respond? Do they give
you any benefit or harm? They said, No, we have only seen
our elders do it.
Next let us benefit from a few verses (20-22) of Surah
Zakhraf:
.

_
.

_

:

.

The polytheists say, If compassionate Allah did not want,
we would not worship these idols. They are not aware of the
root cause of the problem and talk nonsense. Do they have
some sort of a document from us that they use as justification
for their idol-worshipping? Their only argument is that they
1:1+1c1 1+)11:+1C.1

37
have seen their ancestors stay on this course and now they are
simply following on their footsteps.
At this juncture we submit to our esteemed readers that the
critics of taqleed are split into two groups. One group is
composed of heavy weight old timers who are well known
scholars and their writings are laced with classical arguments.
The second group consists of emotional reformists of the
current age who are sick and tired of soul wrenching
environment and those who are maintaining the status quo.
God knows how long these poor souls have been living in this
misery. When they do not see light at the end of the tunnel,
they explode. They become so sensitive that they get into
arguments with everyone around them.
But you see, sensible people always try to solve problems;
they try to put out fires and not put fuel on the fire. When a
storm comes, they try to save the boat. If someone wants to
reform a system, he needs to have patience.
Anyway, we will meet these upcoming intellectuals later
on. For now let us make a humble submission to the great
scholars.
Dear elders of the society. Keeping Allahs presence in
mind, kindly tell us whether the sacred verses we have referred
to, condemn the same taqleed that is mandatory in Shia Fiqh
and these censure those taqleed practicing shias who are true
followers of Ahlul Bait? Is it not true that these verses really
address infidel and polytheist groups? Also the thoughts and
deeds these verses refer to, is there any trace of them in a shia
follower (muqallid)?
These verses reflect the nature, psyche, character, language,
feelings, ideas and traditions of a nation that is far from
civilization, totally lacks wisdom, and is stubborn of the
highest order. Or in reference to these Quranic verses a picture
comes to mind of a group of people whose intellect is frozen
and they have lost sagacity and awareness.
Similarly there are other verses such as Surah Al Baqara,
verses 170-171:
1:1 ( 1 1+) ) ( 1

38
_
.
.

_
.

_

When they (polytheists) are told that they should obey Allahs
commands, their response is that they are following their
ancestors ways. Now if their ancestors failed to use their
senses and stayed off the right path, will they still follow them?
These people who refuse to adopt God-sent track, are like
animals that only listen to herdsmans holler. They are deaf,
dumb and blind. That is why they understand nothing.
Let us submit one more time.
Dear friends, let us be fair. Does the picture of ways and
style these verses paint, have any semblance to under
discussion faculty of taqleed and ijtehad? Is slandering of this
human guidance system a rational thing to do?
Next, there is an argument that the word taqleed is
nowhere to be found in Quran. OK, the question is. Is the
objective the word or the meaning? It is quite obvious that
every learned individual will focus on the meaning. This
objective is readily achieved by several other words such as
consult (ruju), derive (akhaz), style (andaz), question,
education, and guidance that lead to taqleed. All these words
have been used in Quran
Isnt it interesting that all the above verses are used as an
argument against taqleed; whereas same sacred verses are
teaching us the value of taqleed. Who to follow? When to
obey? Following ignorant leads to darkness while following
truly learned people leads to enlightenment.


39
A Little More Aggravation

You see, taqleed is not following ancestors who were lost
in the dark or a society immersed in ignorance. In the language
of fiqh, being aware of ones duties with alert intellect and
open eyes, is called taqleed.
Secondly, taqleed has no relationship with principles (Usul-
e-Din). Rather it deals with the day today issues that everyone
comes across.
However, there are people who are adamant that they will
not accept the concepts of taqleed and ijtehad and put forward
the argument that these ideas are neither found in Allahs Book
nor in the sayings of infallible Fourteen. To such people our
submission is that as far as Quran is concerned we have
written enough. As to what the infallible Fourteen have said
about this subject, again we have discussed at length. However,
for further explanation, one of the sayings of Imam Hasan
Askari (AS) is presented here for the benefit of those who are
hollering that the word taqleed was non-existent in the days
of the Holy Prophet (SA) and the infallible Fourteen. Our
humble submission is that during those days this word as a
phrase was as well-known as the local currency. Everyone had
it at the tip of their tongues. Women used it extensively. As a
proof kindly review the following:

_

_

. :
[ :
_

:C11cc ( ) +c C

40

_
.

_
.
c
_
.
_

c
_

: .

It is related to Abu Basir for whose integrity and credibility
there is total consensus in the circles of Imamia scholars.
Kindly check
1
:
Imam Sadiq (AS) is the source of this saying. This tradition
is also mentioned in Al Kafi, the oldest collection of our
principles and practical aspects of religious doctrine (Usul and
Furu). This book was the result of the grand efforts of the
most famous narrator of Shia Fiqh, Muhammad Ibn Yaqoob
Kalini. The tradition goes like this:
Abu Basir says, Once I was in the sacred company of Imam
Jafar Sadiq (AS). A woman, Umme Khalid Al Abdiyya, came
to see the Imam and implored, My stomach keeps gurgling. A
doctor from Iraq prescribes that I should mix barley with wine
and drink. But I know that you do not approve of it and I have
come to ask you. The Imam heard it and said, Then what is
your problem in using it? The woman said, I am in your
taqleed and after I die I would need to answer if you allowed
me to drink it or not. The Imam responded, Even if you are

1
Muntahal Aalamal, Sheikh Abbas Qummi, vol 2, p 175, published in
Tehran.
1:1++1c1 +)c1++)CC+1+.

41
on your death bed, do not take even a sip. If you do not follow
my instructions, you will regret it. Do you understand?
1

We have several more references in this regard but there is
no point in dragging the issue on. However, we wish to tell
those who are searching for the word taqleed in the days of
the Imams that they should be prepared to discuss 11
th
Imams
hadith mentioned earlier.
Firstly, instead of scrutinizing this particular hadith in a just
way, some writers have hastened to declare it weak. In order to
decide about the validity of traditions there are several factors
that need to be looked at. It is important to know the rules of
Study of Personalities (Ilme Rijal) and the rules for
Determining What Really Happened (Darayat). The subject
core should be studied from credibility point of view. It is
imperative to see that every part of the hadith is according to
the basic commands and conditions of the sharia. Does the
statement have the desired depth of thought and strength of
meanings? In addition the position and status of channels used
for transmitting the hadith need to be critically assessed.
Then, about the scholars who have accepted this hadith and
made it part of their body of knowledge; what is the level of
their research and what is their status in the scholarly world?
The expediency-loving writers have ignored all the rules
and regulations that should be the bases of scrutiny and have
expressed doubts about the under-discussion hadith. As an
example, they are not satisfied with the channel of transmission
as it includes such narrators as Muhammad Ahmed Ibne
Abbas, Muhammad Ibne Qasim, Yousuf Ibne Muhammad Ibne
Ziad and Ali Ibne Muhammad Ibne Yasar.

1
Furu Kafi, Kalini, vol 6, p 413, Hadith number 1, published Darul Kutub
Islamia, Tehran. Al Hadaiq Un Nazira, Muhaqqaq Bohrani, vol 1, p 288,
published Beruit. Vasail Ush Shia, Hur Amili, vol 25, p 344, Intisharat
Muassasa Aal Bait, Qum. Jawahir Ul Kalam, Sheikh Muhammad Hasan
Najfi, vol 36, p 445, published Beruit.
:C11cc ( ) +c C

42
However, we wish that these critics had asked the opinions
of the great scholars of the Study of Personalities (Ilme
Rijal). For your satisfaction please study the following:
Bahjatul Aamal, Allama Ali At Tayyari, vol 6, p 56, published
Bunyad Farhang Islami, Iran
Tanqih Ul Miqal, Ayatullah Mamaqani, vol 1, p 280, Intisharate
Jahan, Tehran.
Mujame Rijalul Hadith, Ayatullah Khooi, vol 15, p 9, Intisharate
Aasare Shia, Iran.
In all these collections of knowledge and wisdom the
narrators mentioned have been declared highly trust-worthy,
credible and reliable. And the great personalities who have
expressed these opinions are all our intellectual leaders and an
excellent gift of the time.
Now we wish to get the privilege of quoting a hadith that is
famous as Motabara Tusi (a completely reliable tradition
quoted by Sheikh Tusi). The eleventh Imam (AS) says:

General public should follow in taqleed those fuqaha who
control themselves, take care of Din, stay away from inner
desires and are obedient to Allah.
For the consumption of those people who say that this
tradition has only been mentioned in an unreliable
Commentary of Quran, here are references from eighteen
books that clearly mention this hadith:

1. Vasail Ush Shia, Sheikh Hur Aamily, vol 27, p 131,
Intisharate Muassasa Aalul Bait, Qum.
2. Al Ihtijaj, Sheikh Ahmed Ibne Ali Tabrisi, vol 2, p 263,
published Muassasa tul Aalami, Beruit.
3. Tafsir Imam Hasan Askari (AS), p 300.
4. Mustanad Ush Shia, Muhaqqaq Naraqi, vol 2, p 519.
5. Bihar Ul Anwar, Allama Majlisi, vol 2, p 88, published
Muassasa tul Vafa, Beruit.
6. Kanzud Daqaiq, Mirza Muhammad Mashhadi, vol 1, p 381.
1:1++1c1 +)c1++)CC+1+.

43
7. Faraidul Usul, Sheikh Murtadha Ansari, vol 1, p 141.
8. Awaid Ul Ayyam, Muhaqqaq Naraqi, p 199, Manshurat,
Maktaba Basirati, Qum.
9. Nihayatul Afkar, Sheikh Zia Uddin Iraqi, vol 4, p 244
10. Hasarul Ijtehad, Aaqa Buzurg Tehrani, p 51.
11. Kitabul Qaza, Sheikh Ansari, p 341.
12. Al Urvatul Vusqa, Sayyad Muhammad Kazim Yazdi, vol 1, p
10, published Muassasatul Aalami, Beruit.
13. Mustamsak Urvatul Vusqa, Sayyad Mohsin Hakeem, vol 1, p
41, published Beruit.
14. Alfiqatul Istidlali, Sayyad Abul Qasim Khooi, vol 1, p 81,
105, 221, 230, 231, 236.
15. Al Ijtehad Val Taqleed, Sheikh Ahmed Azari Qummi, vol 1, p
32, Intisharate Muassasa Darul Ilm, Qum.
16. Masail Minul Ijtehad Val Taqleed, Sheikh Hussain Noori, p
101, Markaz Ul Nasharul Islami, Qum
17. Al Ijtehad Val Taqleed, Sheikh Muhammad Mehdi Al Asafi, p
105, published Markaz Al Ghadir, 3
rd
edition, Qum.
18. Avalim Ul Uloom, Sheikh Abdullah Bahrani, part 3, p 410,
published Qum.

To conclude we need to commit to memory a decree of
Current Imam (AS). It provides us a very thoughtful rule for
accepting a tradition. The greatest faqih and expert on
traditions in Shia school of thought, Sheikh Muhammad Ibne
Hassan Hur Aamily writes, This sacred command from the
Current Imam (AS) was transmitted by Muhammad Ibn Abdul
Aziz Kushi via his book Al Rijal to Ali Ibne Muhammad
Ibne Qatiba who then handed it over to us through Muhammad
Ibne Ibrahim Maraghi. The command says:

:
_

_
.
.
Our friends should not hesitate to accept our messages when
they come through our trusted people.
1

1
Vasail Ush Shia, vol 1, chapter 3, hadith number 61, p 38, third edition,
:C11cc ( ) +c C

44
The jewel of knowledge, Imam Sadiq (AS), handed his
bright student Umar Ibne Hanzala another rule about checking
the credibility of a tradition. He says:

: .

_

If there is consensus among the intellectuals of the nation on
a hadith, there is no need to hesitate in accepting it.
1

1
Vasail Ush Shia, vol 27, chapter 9, hadith number 1, p 106, third edition,

45
The School of Ijtehad

The Beginning
Islam binds every follower to carry out his affairs
according to a collection of rules and regulations called
Sharia. In order to conform ones actions to a certain rule, it
is important to have good knowledge of the relevant rules and
regulations. This is why it is everyones duty to seek detailed
knowledge of tenets (usul) and branches (furu) of Diin. It
makes sense from intellectual point of view and is also
supported by the Book and Sunnah. However, to be able to
understand the issues and explain satisfactorily, every era has
certain requirements and there is need for specific methods of
explanation.
Since the days of the Holy Prophet (SA) until the beginning
of great occultation, whenever, people had any difficulty, it
was resolved through the loving attention of our great leaders.
However, there came a time when this facility was gone and at
the same time new civilization surfaced; new culture took root;
travel became easier and ubiquitous; population exploded;
world began to shrink; new people started arriving everywhere;
intermingling began to occur among people of all races;
business boomed; industry grew; new inventions came from
everywhere; lifestyle changed; in other words almost all
aspects of life including economics and sociology went through
revolutionary changes. As a result a new world order came into
being.
In these new circumstances there are many things that
require clarification for being right or wrong, legitimate or
illegitimate. But it is not easy to find the arguments in the Book
and the Sunnah. It does not mean that Quran and Sunnah do
not have the solutions in their sacred stock. Solutions are there;
%YWLPP\HKHEX4PRY\H

46
however, the fact is that some concerns get resolved with a
little knowledge and effort; but other issues require in depth
research and thus technical ability. This scholarly curiosity and
expert research is called Ijtehad in the language of Fiqh.
Another thing; in the history of mankind rules and
regulations were needed in all ages. These may be in the form
of traditions or the commandments of an authoritarian or the
creation of a people-elected legislature or a collection of rules
and regulations given by a religion. In any case within their
context these are all known as laws.
The stories about old civilizations eulogize the Ashury
Civilization a great deal. One of the main reasons is that
Hamurabis constitution belonged to that era.
This story is about 18
th
century BC. Sun-worshipping
Hamurabi
1
, ruler of the green belt between the twin rivers,
Dajla and Farat called Iraq, gave a 285 page constitution to his
people. This constitution was engraved on slabs of stone with
nails and is on display in a Paris museum since 1902. This
manifesto might have been useful in its days but now being a
dead document, it is an old sample of stone engraving. The fact
of the matter is that when a treatise loses its efficacy in
different times, it does not matter if it is engraved in stone or in
peoples hearts, it becomes a useless document.
This is why those who have command over Islamic
faculties of knowledge claim that our cache of fiqh and the
roots of fiqh are such a wealth of high standard ever-lasting
rules and regulations that they take care of a persons needs for
this world and hereafter from cradle to grave. They have
miraculous capabilities for encompassing the vast requirements
of the society from each and every era.
One of the main reasons is the perfection of the collection
of laws. The other is the robust guiding principles that lead the
mind to the root of the command. And then the process of

1
Hamurabi is the same Namrud who wanted to take a vendetta by throwing
Prophet Ibrahim (AS) to a huge fire.
%RPHN'RFFLHFSHEX4PRY\H

47
searching for the right command in itself is such that it leaves
its mark. What we have just alluded to, i.e., principles of
jurisprudence (fiqh) is a great gift from God.
In this context a well known intellectual of the scholarly
world, Dr. Muhammad Hameed Ullah, says, Probably the
biggest achievement of the Muslims is Principles of
Jurisprudence (Fiqh). There were laws before Muslims.
However, there is no such thing as Principles of Jurisprudence
(Fiqh) in the whole world. And now we can say that it is a
distinct addition that has taken care of a deficiency in the
Faculty of Law. Muslims can be proud of the fact that the laws
did exist in all countries of the world but no nation presented
the Faculty of Law in any form or shape. The Principles of
Law is the faculty that can be applied not only to the Islamic
laws but also to any laws of the world.
1

1
Khutabat Bahawalpur by Dr. Muhammad Hameed Ullah, p 118, 120,
Journal of Islamic Research Council, Islamabad.

48


49
Commentary by Imam Hasan
Askari (AS)

Whether it is a treasure of Commentaries or a collection of
Traditions; whether it is organized by the earlier intellectuals or
collected by later authors; all such researches cannot be
declared totally clean. So even in those books of Islamic
Knowledge that are generally depended on by all Muslims
some people are able to find faults, such as, this anecdote
looks similar to Israeli stories; the narrators of this tradition do
not come up to the mark; that tradition does not have solid
proofs; there is some doubt in this tradition; and so on.
However, in spite of all such faults no presentation has
totally been discarded because if people start rejecting books
for minor defects, there will be no such thing left as a book.
This is why the scholars do not outrightly throw away
someones hard work when they find some deficiency, rather
they try to explain it.
What is surprising is that some people show such disdain
towards the Commentary associated with Imam Hasan Askari
(AS) as if they will lose Islam by just looking at it or they will
be left faith-less; even though what is mentioned in this book is
also there in other collections.
There can only be one explanation -- people belonging to a
certain group have been clamoring for a long time that taqleed
is not mentioned in the literature related to Shia belief system,
whereas the Commentary under discussion clearly and
emphatically recounts the issue of taqleed and ijtehad in the
sacred words of the virtuous Imam. With this background in
mind, it will not be unreasonable to say that the taqleed-
denying folks intentionally or un-intentionally have not done
justice to the under-discussion commentary.
c 11 ) )C 11 c )

50
At this point we have 42 critiques of this book. Twelve of
them have negative opinion on it and thirty favor it. The books
with negative opinion are the following:

1. Kitabuz Zuafa by Ibnul Ghazairi.
2. Khulasatul Aqwal by Allama Hilli.
3. Naqdur Rijal by Al Tafrashi.
4. Shara Un Nijat by Researcher Damad.
5. Minhaj Ul Miqal by Speaker Ustarabadi.
6. Jama Ur Riwat by Urdbaili.
7. Majma Ur Rijal by Qahbani.
8. Aala Ur Rahman by Muhammad Jawad Balaghi.
9. Kitabul Akhbar by Researcher Tastari.
10. Hashia Majma Ul Bayan by Mirza Abul Hasan Sharani.
11. Majam Rijal Ul Hadith by Ayatullah Sayed Abul Qasim
Khooi.
12. Fiqhatur Raza by Sayed Muhammad Hashim Khwansari.

The list of scholarly works with positive attitude is as
follows:

1. Man La Yahzaratul Faqiah by Sheikh Saduk Muhammad
Ibne Babuya Qumi.
2. At Tauhid by same author.
3. Al Uyun by same author.
4. Al Kamal by same author.
5. Al Aamali by same author.
6. Al Alal by same author.
7. Maanil Akhbar by same author.
8. Al Ehtejaj by Abu Mansu Tibrisi.
9. Al Kharaij by Qutub Ravandi.
10. Maalim Ul Ulama by Ibne Shehr Ashob.
11. Maniatul Murid by Shaheed Sani.
12. Rauzatul Muttaqeen by Majlisi First Muhammad Taqi.
13. Bihar Ul Anwar, vol 1 by Majlisi Second Muhammad Baqar.
14. Vasail Ush Shia by Sheikh Hur Aamili.
15. Isbat Ul Hidat by same author.
16. Tafsir Safi by Faiz Kashani.
17. Tafsir Burhan by Sayed Hashim Bohrani.
1::1+1c1 +)++)C:c:)c.c+): .1c1 (: ))

51
18. Tafseer Noor Us Saqalain by Sheikh Abd Ali Havezi.
19. Aklail Ur Rijal by Muhammad Jafar Khurasani.
20. Alfavaidul Najafia by Sheikh Sulaiman Bohrani.
21. Muntahil Miqal by Abu Ali.
22. Al Taaliqatu Ali Minhajul Miqal by Vahid Bahihani.
23. Tafsir Miraatul Anwar by Sheikh Abul Hasan Al Sharif.
24. Itqanul Miqal by Sheikh Muhammad Taha.
25. Tasliatul Fawad by Sayed Abdullah Shabbar.
26. Nakhbitul Miqal by Sayed Hussain Barojardi.
27. Sahifatul Abrar by Hujjat Ul Islam Tabrezi.
28. Awalimul Ulum by Sheikh Abdullah Bohrani.
29. Faraidul Usul by Sheikh Ansari.
30. Tanqihul Miqal by Sheikh Abdullah Mamiqani.
31. Jami Ahadith Ush Shia by Ayatullah Barojardi.
32. Alzaria vol 4 p 283 by Allama Tehrani.

The well known authors of the books in this list have
written at length about this commentary. They have scrutinized
it from every angle and have praised it a great deal. As an
example, Majlisi First Muhammad Taqi (RA) has written in the
Farsi commentary of Rauzatul Muttaqeen and Faqih:
The truth of the matter is that this commentary is one of the
treasures of Allah (SWT).
1

And Majlisi Second Muhammad Baqar writes on p 28, vol
1 of Bihar Ul Anwar, This commentary referenced to Imam
Hasan Askari (AS) is a well known book and the well known
personality, Sheikh Saduq, has expressed confidence in it.
In addition, the author of Vasail Ush Shia, Sheikh Hur
Aamili has counted it as a source for his creation, Fiqhi
Dairatul Maarif Vasail. Similarly, the famous researcher, Sayed
Abdullah Shabbar, also labels this commentary as the
foundation for his own scholarly works. And Ayatullah
Barojardi says, I am one of the beneficiaries of this
commentary by Imam Askari (AS).

1
Commentary on Faqih, vol 5, p 142 213.

52


53
The History of Ijtehad

First of all it is important to know what Ijtehad is, so that it
gets easier to understand all of its aspects. The origin of word
Ijtehad is either johod or jahad. All known vocabulary experts
tell us that johod implies force and strength, whereas, jahad
means hardwork and struggle. The original word has been used
at different places in Quran in several forms. In addition,
Arabic linguists such as Raghib Isphahani and Fura Ozbedi
also say that this word is used on the occasions of either
expending mental energy or physical hard work.
As to the word Ijtehad. The first explanation is that it is
related to the faculty of Principles of Jurisprudence (Usule
Fiqh) and Usule Fiqh is the name for the collection of those
rules and regulations that help a Faqih reach a required
decision related to Shariah.
1

That is, Ijtehad is finding the solution to a problem by
putting in full efforts with the help of solid arguments and a
scholarly approach proven in the affairs of life. Let us have an
open discussion on this subject. As has been stated before, a
few people who have scholarly minds and who stay abreast of
new findings and occurrences keep on collecting proofs
relevant to the issues and strive to find solutions to problems
according to the religious law (sharia).
In the days of Virtuous Imams every inquirer was able to
get answers to his questions directly. Then times changed and

1
Faqih Sheikh Abdul Karim Hairi, who nourished the scholastic activities
in the city of Qum says the following about Usule Fiqh:

It should be known that Faculty of Usule Fiqh is a collection of useable
rules of wisdom and awareness with whose support an inquirer gets most
suitable answers to scholarly queries.
Darul Fawaid Jaza, p 31, published Muassasatun Nashar Al Islami, Qum.
%W PPKH HY\LPRWKH

54
direct access to the real source of guidance was no more there.
Then some trustworthy elders who used to play the
intermediary role between an average person and the Imams
passed away one by one. In addition, the number of narrators
of the commands increased manifold. The result was that it
became necessary to verify every command as sometimes the
subject of the narration was doubtful, other times the quality of
language was below par and in some instances there were
suspicions about the narrator. So for an average man on the
street finding out solutions to his problems became a big
headache and a threat to his faith. At that time some religious
scholars (fuqaha) with a vision stood up and in the name of
Allah started following the guidelines provided by the virtuous
Imams. Eventually this step very quickly led to an intellectual
and scholarly movement and with the Grace of Allah (SWT)
school of Ijtehad came into being. Had this effort not been
undertaken, God knows where shariah would have gone.
Ijtehad provided security to the culture of fiqh, breathed life in
its values and this life got energy and activity.
However, the toughest and most bitter critic of Ijtehad,
Mullah Muhammad Amin Ustarabadi
1
, used to raise hue and
cry that the concept of Ijtehad came from the Sunni fiqh.

1
There are a number of lush green hills in the fertile land called Vahistan
and Varkan around river Atrak and the Gurgan stream in Iran. In this area
Ustarabad is the biggest town. Mullah Muhammad Amin was born in this
town. He grew up here and got the elementary education. When he was
ready for higher learning he moved to Najaf Ashraf, the biggest centre of
scholarly activities. After acquiring as much knowledge as he could, he
moved to Hijaz. In those days Mirza Muhammad, a traditional scholar
originally from Ustarabad, was staying in Holy Mecca. Mullah Amin met
him, immediately became his admirer and joined his study circle. Mirza
Muhammad was not only quite impressed by Zahiria, a branch of Sunnah
Fiqh, but was also fond of it. Zahiria was founded by a Faqih from Isfahan,
Daud Bin Ali (died in 370AH). One well known peculiarity about this
school of thought was that its followers were arch enemies of Imam Abu
Hanifas ijtehadi ideas and were dead against taqleed. This religion was
quite popular in Mecca and Madina in addition to Syria and Iraq. To
spread this school of thought in shia circles and in far flung areas, Mirza
%RPHN'FLSEXHS4HY\LPRWKH

55
What is surprising is that this gentlemans name was
included in the league of heavy weight scholars of his time. He
kept insisting rather blatantly that ijtehad was one of the
qualities of Sunni Fiqh. He is the one who initiated this theory.
Now the whole school of Sunni Fiqh is adamant on it. As an
example, Fakhruddin Razi says, Just the way Aristotle laid the
foundation of logic, Muhammad Ibn Idris Shafei (died in
204AH) invented Principles of Fiqh (Usule Fiqh).
1

The fact of the matter is that neither Aristotle was the
inventor of intellectual constitution, nor Shafei was the creator
of rules and regulations of Fiqh. What could be stated is that
Aristotle arranged the vague and scattered rules of logic in an
order; and similarly Shafei polished some of the laws of Fiqh
in his writing, Al Risala. There will be more on this subject in
the next few pages of this book.
Anyway, there is no question that the rules and regulations
we are talking about did not show up after the Aimma because
almost all the terms used in Usule Fiqh are abundantly present
in our treasure of traditions. And it makes it quite obvious that
in the days of Aimma some portions of Usule Fiqh as needed
were present in the Islamic knowledge base.
Now let us suppose that a few of such terms appeared after
the Aimma, it still does not change the facts, as people of
those times adopted simpler language to convey the message
and did not use these terms.

Muhammad persuaded his pupil, Mirza Muhammad Amin, to write a book
called Alfawaid Ul Madniyya. This book lacked scholarly qualities and was
full of shallow stuff.
When this piece of writing came into the hands of scholars, there was great
hue and cry and for the next two hundred years a bitter debate ensued. May
Allah give a high rank in heaven to the king of scholars, Muhammad Baqar
Wahid Bahimani, who finished off this river of cheap journalism through
his lectures, debates, writings and pupils. Bahimani passed into eternal
bliss on 29
th
Shawwal 1205AH at the age of 90 or 91 after winning a big
scholarly battle. He was buried at the feet of King of Martyrs in Karbala.
1
Manaqib Ush Shafei, p 57.

56


57
A Look at Al-Risala

Since a mention has been made of Al Risala, a most
valuable contribution by the famous faqih, Muhammad Ibne
Idris Shafei, it would be a good idea to objectively explore it
in greater detail.
Many old and new scholars of Sunni Fiqh insist that all the
concepts in the Faculty of Principles of Fiqh (Ilme Usoole
Fiqh) are the creation of Shafei and Al Risala is the product of
his thought process. Yet many top intellectuals of the same
school of thought have a strong difference of opinion.
Some scholars declare Abu Hanifa (died 150 AH) to be the
pioneer. Others claim that Muhammad Ibne Hasan Shaibani
(died 189 AH) was the first. And still others hold with great
confidence that Abu Yousuf Yaqoob Ibne Ibrahim (died 182
AH) was the originator.
1

Secondly, let us suppose that the faculty of Principles of
Fiqh (Usule Fiqh) was the creation of Shafei, would it not be
unfair to the heads of other schools of Fiqh and other scholars
(fuqaha)? Some of such people are Abu Hanifa Noman Bin
Thabit (died 150 AH) and his famous pupil Abu Yousuf (died
182 AH), Muhammad Ibne Hasan Shaibani (died 189 AH),
Hasan Ibne Ziad Lului (died 204 AH) and Ozfar Ibne Huzail
(died 158 AH). All these scholars predated Shafei.
Can all these well known learned people be declared
ignorant of the philosophy of law or rules and regulations of
commands of fiqh? Did they not know the difference between
Amr (decree to do good) and Nahi (decree to stay away from
vice); common man and the privileged; and independent and
dependent? If the answer is yes, they were unaware of such
matters, then why were they called Fuqaha? If the answer is no,

1
See Al Fahrist by Ibne Nadeem; Wafiatul Ayan by Ibne Khalkan; Al
Alaam by Zarkali; and Fawaidul Usul by Dr. Mahmud Shahabi.
4'YL\\WRKR F\ 'WR

58
these issues were known to them, then we will have to accept
that they were knowledgeable of Ijtehad and the individual
who has been declared the creator of this faculty came much
afterwards.
Now let us review Al Risala as a book of the Doctrines of
Fiqh. It is a fine collection of 670 pages. Several scholars
have written explanations of this collection. In December 1935
an intellectual and writer Ahmad Muhammad Shakir wrote a
100 page detailed critique and has done a great service.
Shafei worked on Al Risala twice. Once when he was in
Baghdad and the second time when he was in Egypt. The story
about the Baghdad episode goes like this. A scholar of the
time, Abdur Rehman Ibne Mehdi, wrote to Shafei and asked
him to write a booklet that could help him understand Quran,
ascertain truthfulness of traditions, and find out what is current
and what is obsolete in Quran and Sunna.
Now if we stop here and think about the reason for writing
of this collection, it becomes clear that it was not written to
understand the Doctrines of Fiqh. Rather the requestor needed
some explanations for understanding Quran and Traditions
and some of the terminology used therein. This collection has
primarily satisfied this demand.
A submission to those who insist that Al Risala is a treatise
on the subject of Doctrines of Fiqh and is the first work on
this subject, first of all the under discussion treasure does not
have a feel of a book. That is either the author did not fully
focus on the subject or he did not have full command on the
topic. However, it is not proper to make such comments about
an intellectual like Shafei.
Anyway the writing we have in front of us can be more
appropriately labeled as a very long letter. Ahmad Muhammad
Shakir, while quoting Hafiz Ibne Abdul Ber, has written the
same thing. It goes like this: Ali Ibne Madini says, I asked
Muhammad Ibne Idris Shafei to respond to Abdur Rehman
%RPHHNR'FR%LRSEX'L'R

59
Ibne Mahdis letter as he was anxiously waiting for a reply.
Shafei did the needful and here it is, Al Risala.
1

In addition, another fact that cannot be ignored is that this
writing that is being portrayed as a book was not actually
written by Shafei. Rather it is a collection of his dictations.
Ahmad Muhammad Shakir writes: It appears to be more likely
that Shafei was speaking and Rabii Ibn Suleman was writing.
The proof lies in sentence number 337 that quotes the scribe,
Rabii Ibn Suleman, When he would recite an aya from
Quran, he would leave it incomplete for brevity.
2

Then in several instances Shafei said is written. It further
supports the argument that the concentration, seriousness,
creativity and diligence required of a scholar for writing on
such a subject are missing. So it does not appear to be a unique
contribution by the learned scholar. He does not draw any
boundaries around his thoughts and does not adopt a style
appropriate for conveying true understanding of the subject.
The result is that at every step it appears that either he is
solving a puzzle in the Commentary (Tafseer) or trying to get
to the bottom of a tradition to extract some idea. But in this
collection of thoughts very little justice seems to have been
done to the subject of Doctrines of Fiqh.
If the review is done in the context of book writing
methodology, then it appears that there are some good
qualities; however, means of finding solutions to day to day
problems are missing and that is what is required in the
Doctrines of Fiqh.
Also the material presented does not seem to be
satisfactory. It does not appear to be a consistent and organized
effort. As mentioned earlier a reader does not receive any
material relevant to ways of solving problems and secondly
there is lack of energy and freshness. To top it of, in this hefty
670 pages long collection, one gets an impression only four or

1
Al Risala, p 11.
2
Al Risala, page 12
4'YL\\WRKR F\ 'WR

60
five times that the discussion on the real subject is about to
start. For example, Babe Khairul Vahid, Babul Ijmaa, Babul
Qias, Babul Ijtehad, Babul Istehsan, Babul Ikhtilaf. But
unfortunately the expectation dies out rather quickly. As
Muhammad Ahmad Shakir writes, This point was not
highlighted in the original manuscript. I gave this caption to
this chapter. Someone else has scribbled this subject on the
border with red ink; etc, etc.
After all this discussion one questions if it is possible to
extract any knowledge about the Doctrines of Fiqh from Al
Risala and secondly who would accept that the thought was
unique and came ahead of others.


61
The Fact Is

It is no secret that some scholars of Muslim world have
tried to give the credit of Doctrines of Fiqh to Imam Shafei.
Anyway, enough said on this subject. A few scholars with
help from their imagination have gone even farther to the age
of Rasul Allah (SWS) and have credited a companion, Moaz
Ibn Jabal, with the discovery. However, the brilliant author of
Aunul Maabud, Muhammad Ashraf Ibn Ali, while quoting
Jozeqani has labeled this reference as a fake tradition.
1

In addition, Qazi Abdul Jabbar has said the same thing on
page 200 of his book, Al Mughni, vol 7. For further discussion
see Al Ahkam page 976, by Ibn Huzm Undlusi; Meezan Ul
Etidal page 439 by Zehi; Taqreeb Ut Tahzeeb vol 1 page 142
by Ibn Hajr Asqalani. And it would be very useful to study
pages 39 to 42 of a very fine book, Al Ijtehad Wa Usula wa
Ahkama by Sayed Muhammad Bahar Ul Uloom.
Anyway, different people have different things to say. But
the fact of the matter is that the beneficiaries of the rivers of
knowledge and wisdom of our Aimma (AS) have done a
commendable job of introducing the concept of Ijtehad.
The famous researcher, Allama Sayed Hasan Sadr, writes
on Page 310 in his most precious book, Tasees Ush Shia Al
Uloom Ul Islam: The pupils, who attended the thought
provoking lessons of our fifth and sixth Imams, learnt all about
the Doctrines of Fiqh and then wrote extensively on this
subject. The lofty treatise, Al Alfaz wa Mubahisa, by Hasham
Ibnul Hakam (died 179 AH) is a living proof. This scholar was
a beneficiary of Imam Sadiqs (AS) teachings. The other
personality with many wonderful qualities was Younas Ibn
Abdur Rehman (died 208 AH) who wrote Ikhtilaf Ul Hadees

1
Aunul Maabud, p 22.
%'X4PPYH\ HSWLPR'YH

62
wa Masaila
1
. Before their time no one had written on this
subject in such a way and consequently these books became the
pioneering works and great models. Anyway, foundation had
been laid down and the work continued.
In this context Ibn Nadeem (died 380 AH) who was
extremely knowledgeable about books and personalities wrote:
A short time after the exceptional writings by Hasham
Ibnul Hakam and Younas Ibn Abdur Rehman, a great thinker
of School of Ahlul Bait and a son of Naubakht family, Abu
Sahal Ismail Ibn Ali (died 311 AH), wrote Alkhusus wal
Umoom and Abtalul Qias and made a weighty contribution to
the Doctrines of Fiqh. After him when his talented nephew,
Abu Muhammad Hasan Ibn Musa Naubakhti, took over the job
of preaching, he in addition to many other books wrote Kitab
Alkhusus wal Umum and Alkhabrul Vahid and thus made a
huge addition to the treasure of books on the subject of the
Doctrines of Fiqh.

1
Both the books and the authors have been mentioned in Al Fahrist written
by Ibn Nadeem (died 380 AH). See page 224 and 276; printed in Tehran.

63
The Period of Short Occultation

Ibn Nadeem (died 380 AH) writes in his knowledge-packed
offering, Alfahrist:
A short time later a son of Naubakht family and a great
intellectual of School of Ahlul Bait, Abu Sahal Ibn Ali (died
311 AH), made a distinct addition to the Doctrines of Fiqh
by writing Alkhusus wal Umoom and Abtalul Qias. Then his
talented nephew, Abu Muhammad Hasan Ibn Musa Naubakhti,
took over the job of preaching and in addition to many other
books wrote the most valuable Alkhabrul Vahid wal Amal Beh.
It should be kept in mind that Hasan Ibn Musa had the honor of
meeting Imam Hasan Askari (AS).
Now the short occultation of Last Imam (AS) is about to
end. This was a time when the scholars (ulama) had the
opportunity to work on traditions, commentary, character and
morals. Researchers (fuqaha) got a chance to focus on
researching the answers to new problems and issues with full
freedom and confidence. And other thinkers and intellectuals
were able to use their minds for securing and strengthening the
religion. This period also taught those, who were associated
with Ahlul Bait, the ways of waiting for the Last Imam (AS).


64


65
The Last Word

The period of long occultation started. Iraq became the first
centre for propagation of knowledge and wisdom. There is a
strong belief that the moment believers had been waiting for
has arrived and the instructions are etched in hearts that once
the Last Imam (AS) goes in long occultation people should
start benefiting from his deputies.
It is only logical to inquire who the deputy of Last Imam
(AS) is. There are two known rules to get the answer by
nomination and by recognition.
Nomination means a complete introduction with name and
signs of the individual for the position of the deputy (Naib) by
the Last Imam (AS) himself. Recognition is the identification
of certain qualities and distinctions one needs to exhibit in
order to qualify for the deputys position.
According to the first rule, history shows the names of four
great holy men of the highest intellect Abu Umro Ibn Saeed,
Muhammad Ibn Usman Umri, Abul Qasim Hussain Ibn Ruh
and Abul Hasan Ali Ibn Muhammad Samri. They were all
appointed by the Current Imam (AS) and after the death of
Abul Hasan Ali Ibn Muhammad Samri on 15
th
Shaaban 328
AH, he himself terminated the process of specific deputies.
Next, the period of selection by recognition started. The
Prophet (SWS) and other Infallibles have shed some light on
this process. Specifically, the following saying by Imam Hasan
Askari (AS) is a powerful argument:
Common people should follow those theologians (fuqaha)
who are in control of themselves, look after their religion and
obey Allah (SWAT). This particular saying has been
supported by eighteen authentic references in the previous
pages of this book.
%'Y\PP4HW HKLPR'4H

66
And the Current Imam (AS) said, In your lives when you
face new problems never heard of before, consult with
narrators of our traditions (fuqaha) to find out the rules and
regulations on how to deal with the new situations. Following
them is mandatory (wajib) on you because I command you to
do so and following me is mandatory (wajib) on you because
Allah commands you to do so. (Refer to the chapter Decision
of Tradition)
As a result of these great sayings our institutions of
knowledge progressed. Travel began. Convoys started moving
and wherever fertile land was found, the visionaries stayed;
made such places exemplary hubs of knowledge, promoted
them and provided the means to move on. This process resulted
in establishment of world famous centers of intellect in
Baghdad, Najaf Ashraf, Hilla, Karbalay Mualla and Samra in
Iraq. Similar intellectual activity took root in Qum, Ri and
Isfahan in Iran; and Syria, Halab and Jabale Aamil the places
in Middle East that used to be famous for Byzantine
civilization became the axis for teachings of the House of
Muhammad.
The followers (Shias) of Ali Ibne Abu Talib (AS) were
prospering and growing in this spiritual atmosphere with the
belief that none of them is tied down to certain geography,
rather, they are all lovers of knowledge as knowledge is beauty.


67
Our Marajay Taqleed
(From the beginning of Great Occultation to the Islamic
Revolution in Iran)

Year of
Death
(AH)
Name Known As Famous As Places
Lived
340 Hussain Bin
Ali
Abu
Muhammad
Ibn Abi Aqueel
Ammani
Iraq
343 Muhammad
Bin Hasan
Bin Ahmed
Abu Jafar Ibn Valeed Qum
368 Ahmed Bin
Muhammad
Abu Ghalib Shebani Zarari Kufa

369 Jafar Bin
Muhammad
Abul Qasim Ibn Quluia Kufa
378 Muhammad
Bin Ahmed
Abul Hasan Ibn Daud Qum,
Baghdad
381 Muhammad
Bin Ali Bin
Hussain
Abu Jafar
Thani
(Second)
Sheikh Sudooq Ri,
Baghdad
381 Muhammad
Bin Ahmed
Abu Ali Ibn Junaid Askafi Ri
413 Muhammad
Bin
Muhammad
Bin Nauman
Abu
Abdullah
Sheikh Mufeed Baghdad
436 Ali Bin
Hussain
Abul Qasim Sayed Murtaza
Ilmul Huda
Baghdad
447 Taqi Bin
Najam
Abu Salah Halabi Halab
460 Muhammad
Bin Hasan
Abu Jafar
Thalith
(Third)
Sheikh Tusi Baghdad,
Najaf
463 Hamza Bin
Abdul Aziz
Abu Yali Salar Halab
481 Abdul Aziz
Bin Nahar
Abul Qasim Qadhi Ibn Baraj Tripoli
515 Hasan Bin Abu Ali Mufeed Thani Najaf
S'EX44YH\ HWFK4 'YH

68
Muhammad (Second)
560 Abdul Jalil
Bin Masood
Abu Saeed Mutakallim Razi Najaf
570 Fadhalullah
Bin Ali
Abu Radha Hasani Ravandi Kashan
573 Saeed Bin
Abdullah
Qutubuddin Ravandi Kashan
585 Hamza Bin
Ali
Abul
Makaram
Ibne Zahra Hilla
585 Muhammad
Bin Ali
Hamza
Abu Jafar
Rabe
(Fourth)
Tusi Mashhadi Hilla
598 Muhammad
Bin Ahmed
Abu
Abdullah
Ibn Idris Hilla
630 Fakhkhar Bin
Muadd
Shams
Uddin
Musavi Hilla
645 Muhammad
Bin Jafar
Abu
Ibrahim
Ibn Nama Hilla
664 Ali Bin Musi Radhi
Uddin
Ibn Taoos Hilla
673 Ahmed Bin
Musi
Jamal Uddin Ibn Taoos Hilla
690 Yahya Bin
Saeed Bin
Ahmed
Abu Zikria Ibn Saeed Hilli Hilla
693 Abdul Karim
Bin Ahmed
Ghias Uddin Ibn Taoos Hilla
726 Hasan Bin
Yousuf
Jamal Uddin Allama Hilli Hilla
754 Abdu
Muttalib Bin
Muhammad
Amid Uddin Amidi Hilla
766 Muhammad
Bin
Muhammad
Abu Jafar Qutubuddin Razi Hilla
771 Muhammad
Bin Hasan
Abu Talib Fakhrul
Muhaqqaqin
Hilla
786 Muhammad
Bin Makki
Abu
Abdullah
Shaheed Awwal
(First)
Hilla
-- Ali Bin
Khazan
Zain Uddin Hairi Hilla
810 Ali Bin
Muhammad
Abul Qasim Farzand (Son)
Shaheed Awwal
Hilla
%RPHN'PF'L HS'EX44YH

69
Bin Makki
826 Miqdad Bin
Abdullah
Abu
Abdullah
Fadhil Miqdad
Sayuri
Hilla
841 Ahmed Bin
Muhammad
Bin Fahad
Abul Abbas Ibn Fahad Hilli Hilla
916 Ali Bin Halal Abul Hasan Jazairi Sheikh
Ul Islam
Hilla
933 Hasan Bin
Jafar
Badr Uddin Eraj Hussaini Jabal
Aamil
938 Muhammad
Bin Makki
Shams
Uddin
Aamil Shami Jabal
Aamil
938 Ali Ibn Abdul
Aali
Abul Qasim Aamli Mesi Isfahan
940 Ali Bin
Hussain Bin
Abdul Aali
Abul Hasan Muhaqqiq Thani
Karki
Halab,
Isfahan
966 Zain Uddin
Bin Ali
-- Shaheed Thani Jaba
Syria
980 Ali Bin
Hussain
Noor Uddin Saigh Hussaini Hilla
981 Abdullah Bin
Hussain
Najam
Uddin
Yazdi Najaf
984 Ali Bin Halal -- Aamli Karki Isfahan
984 Hussain Bin
Abdus Samad
Izz Uddin Harthi father of
Sheih Bahai
Jabal
Aamil
993 Ahmed Bin
Muhammad
-- Muqaddas Ardbeli Najaf
993 Abdul Aali
Bin Ali
Abu
Muhammad
Aamli Karki Isfahan
1009 Muhammad
Bin Ali
-- Musavi Saheb
Madarak
JabaSyria
1011 Hadan Bin
Zain Uddin
Jamal Uddin Saheb Moalam JabaSyria
1021 Abdullah Bin
Hussain
Izz Uddin Tustari Isfahan
1030 Muhammad
Bin Hussain
Baha
Uddin
Sheikh Bahai Isfahan
1031 Ali Bin
Muhammad
Abul Moali Tabatabai Najaf
1032 Ibrahim Bin
Ali
Abu Ishaq Ibn Muflah Isfahan
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70
1036 Muhammad
Ameen Bin
Muhammad
-- Ustarabadi Madina
Munawwa
ra
1040 Muhammad
Bin Hasan
-- Farzand Saheb
Moalam
Halab
1040 Muhammad
Bin
Muhammad
Baqar
Baha
Uddin
Hussaini Naini Isfahan
1041 Muhammad
Baqar Bin
Shams Uddin
-- Son-in Law Isfahan
1060 Ali Bin
Hujjat Ullah
Sharf Uddin Tabatabai Najaf
1066 Hussain Bin
Muhammad
-- Sultan Ul Ulama Isfahan
1068 Ali Bin Ali Noor Uddin Musavi Aamli Jabal
Aamil
1070 Muhammad
Taqi Bin
Maqsood
-- Majlisi Awwal Isfahan
1077 Hussain Bin
Haider
Abu
Abdullah
Hussaini Karki,
Mujtahid
Isfahan
1080 Muhammad
Bin Haider
Rafi Uddin Hasani Tabatabai Isfahan
1080 Muhammad
Bin
Muhammad
-- Qadhi Saeed
Qummi
Qum
1080 Muhammad
Saleh Bin
Ahmed
-- Muqaddas Saleh
Sairvi
Mazandarani
Isfahan
1090 Muhammad
Baqar Bin
Muhammad
-- Momin,
Muhaqqiq
Sabzvari
Sabzvar
1091 Muhammad
Bin Murtaza
-- Mullah Mohsin
Faiz Kashani
Kashan
1091 Ali Raza Bin
Habib Ullah
-- Musavi Aamli Isfahan
1098 Hussain Bin
Muhammad
-- Muhaqqiq
Khwansari
Isfahan
1098 Muhammad
Tahir Bin
Muhammad
-- Qummi Qum

71
Hussain
1103 Ali Bin
Muhammad
Bin Hasan
-- Aamli Jabi Isfahan
1111 Muhammad
Baqar Bin
Muhammad
Taqi
-- Allama Majlisi
(Second)
Isfahan
1115 Jafar Bin
Abdullah
-- Havezi Isfahan
1125 Jamal Uddin
Bin Hussain
-- Aaqa Jamal
Khwansari
Isfahan
1129 Hussain Bin
Hasan
-- Delmati Isfahan
1130 Zain Uddin
Bin
Muhammad
-- Aamli Jabi Isfahan
1137 Muhammad
Bin Hasan
-- Fazil Hindi Isfahan
1150 Ahmed Bin
Ismail
-- Jazairi Najaf
1170 Muhammad
Bin Baqar
-- Rizvi Qummi Isfahan,
Najaf
1173 Ismail Bin
Muhammad
-- Mazandarani Isfahan,
Najaf
1186 Yousuf Bin
Ahmed
-- Bahrani, Saheb
Hadaiq
Najaf
1193 Abul Hasan
Bin Abdullah
-- Musavi Jazairi Shoshtar
1197 Muhammad
Bin
Muhammad
-- Baidabadi Isfahan
1208 Muhammad
Baqar Bin
Muhammad
Akmal
-- Vaheed Bhabhani,
Muallamul
Fuqaha
Najaf
1209 Mehdi Bin
Abi Zar
-- Naraqi Kashan
1212 Muhammad
Mehdi Bin
Murtaza
-- Tabatabai Bahrul
Uloom
Najaf
1220 Asad Ullah
Bin Ismail
-- Shoshtari, Kazimi Kazimain
S'EX44YH\ HWFK4 'YH

72
1228 Jafa Bin
Khizr
-- Kashiful Ghata Najaf
1231 Abul Qasim
Bin
Muhammad
Hasan
-- Mirzai Qummi,
Sahebe Qawaneen
Qum
1231 Ali Akbar
Bin
Muhammad
Baqar
-- Aiji Isfahani Isfahan
1240 Mohsin Bin
Hasan
-- Kazmani
Muhaqqiq Aaraji
Najaf
1242 Muhammad
Bin Ali
-- Tabatabai, Sayed
Mujahid
Najaf,
Isfahan
1244 Ahmed Bin
Mehdi
-- Naraqi Moli
Ahmed
Kashan
1245 Muhammad
Sharif Bin
Hasan Ali
-- Shariful Ulama Najaf
1246 Ibrahim Bin
Muhammad
-- Musavi Qazvani Najaf
1256 Musi Bin
Jafar
-- Kashiful Ghaza Najaf
1260 Muhammad
Baqar Bin
Muhammad
Taqi
-- Shafti, Hujjatul
Islam
Isfahan
1262 Muhammad
Ibrahim Bin
Muhammad
-- Kalbasi Isfahan
1262 Hasan Bin
Jafar
-- Najafi, Sahebe
Anwarul Fuqaha
Najaf
1263 Sayed
Muhammad
Bin Saleh
-- Sayed Sadruddin
Aamli
Najaf
1263 Jafar Bin Saif
Uddin
-- Ustarabadi Tehran
1266 Muhammad
Hasan Bin
Baqar
-- Najafi, Sahebe
Jawahar
Najaf
1273 Hasan Bin
Ali
-- Waiz Isfahani Isfahan
1281 Murtaza Bin -- Sheikh Ansari Najaf

73
Muhammad
1286 Abdul
Hussain Bin
Ali
-- Sheikhul Araqeen Najaf
1289 Sayed
Muhammad
Bin Abdus
Samad
-- Shahshahani Isfahan
1299 Hussain Bin
Muhammad
-- Koh Kamrahi Najaf
1302 Hussain Bin
Muhammad
Ismail
-- Ardkani Karbala
1306 Muhammad
Bin
Muhammad
Baqar
-- Fazil Aervani Najaf
1309 Sayed Abul
Qasim Bin
Hasan
-- Tabatabai, Hujjat Karbala
1312 Muhammad
Hasan Bin
Mahmood
-- Mirzai Sherazi Samra
1315 Abul Moali
Bin
Muhammad
Ibrahim
-- Karbasi Isfahan
1322 Muhammad
Bin Fazal
-- Fazil Sharabiani Najaf
1323 Muhammad
Hasan Bin
Abdullah
-- Mamaqani Najaf
1325 Sayed abul
Qasim Bin
Masoom
-- Ashkori Najaf
1329 Muhammad
Kazim Bin
Hussain
-- Akhwand
Khurasani
Najaf
1332 Muhammad
Taqi Bin
Muhammad
Baqar
-- Aqa Najafi
Isfahani
Isfahan
1337 Muhammad -- Tabatabai Yazdi Najaf
S'EX44YH\ HWFK4 'YH

74
Kazim Bin
Abdul Azeem
1338 Muhammad
Taqi Bin
Muhibbe Ali
-- Mirza Dom
Sherazi
Najaf
1339 Fathullah Bin
Muhammad
Jawwad
-- Namazi Sherazi
Sharitumdari
Najaf
1340 Ahmed Bin
Ali
-- Najafi Najaf
1341 Muhammad
Bin
Muhammad
Taqi
-- Arbab Qum
1348 Muhammad
Sadiq Bin
Hussain
-- Isfahani Isfahan
1353 Abul Qasim
Bin
Muhammad
Taqi
-- Kabeer Qum
1353 Abul Qasim -- Dahakravi Isfahan
1355 Muhammad
Hussain
-- Naini Najaf
1355 Abdul Karim
Bin
Muhammad
Jafar
-- Hairi, Muassas
Hauza Qum
Qum
1357 Abul Hasan -- Angji Azerbaijan
1359 Zia Uddin -- Iraqi Najaf
1361 Muhammad
Hussain Bin
Muhammad
Hasan
-- Kampani, Gharavi
Isfahani
Najaf
1362 Raza Bin
Muhammad
Hussain
-- Masjid Shahi Isfahan
1365 Sayed Abul
Hasan Bin
Muhammad
-- Masjid Shahi,
Isfahani
Isfahan
1366 Sayed
Hussain
-- Tabatabai Qummi Najaf
1371 Muhammad -- Khwansari Qum

75
Taqi Bin
Asadullah

1372 Muhammad
Bin Ali
-- Koh Kamrahee,
Hujjat
Qum

1372 Sadruddin
Bin Ismail
-- Sadr Qum

1379 Sayed
Hussain Bin
Ali
-- Hamami Najaf
1379 Sayed Jamal
Uddin Bin
Hussain
-- Musavi
Gulpayagani
Najaf
1381 Sayed
Muhammad
Hussain Bin
Ali
-- Tabatabai Brojardi Qum
1382 Muhammad
Hussain
-- Aal Kashiful
Ghata
Najaf
1390 Sayed
Mohsin Bin
Mehdi
-- Tabatabai Hakeem Najaf
1409 Sayed
Roohullah
Bin Mustafa
-- Musavi, Khomeni Najaf,
Qum
1413 Sayed Abul
Qasim Bin
Ali
-- Musavi, Khoi Najaf
1414 Sayed
Muhammad
Raza Bin
Muhammad
Baqar
-- Musavi
Gulpayagani
Qum
1415 Muhammad
Ali
-- Araki Qum


76


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77. Rijal un Najashi Ahmad Bin Ali Bin Al Abbas Al
Najashi, died 405 AH; published: Mustafavi, Iran
78. Rauzat ul Janat Al Khwansari Al Mirza Ahmad
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79. Silafatul Asr Al Sayyad Ali Sadruddin Al Madani;
published: Mataba Ali Bin Ali, Qatar 1382 AH
80. Shazrat uz Zahab Ibn Amad Al Hambali; published:
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81. Tabqat ush Shafia -- Tajuddin Abi Nasr Al Sabki
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82. Tabqat ul Fuqaha Abu Ishaq Al Shirazi; published:
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1:1+1c1 +)+C

83
83. Husul ul Mamul min Ilmul Usool Muhammad
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Al Qahira 1357 AH
84. Al Haqqul Mubeen fi Tasveeb Al Mujtahideen wa
Takhtatul Akhbareen Al Sheikh Jafar Aal Kashiful
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85. Haqaiqul Usul Al Sayyad Mohsin Al Hakeem;
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86. Risala tul Ijtehad val Akhbar -- Aqai Muhammad
Baqar Bin Muhammad Al Bahbahani; published: Iran
1313 AH
87. Al Kana val Alqab Al Sheikh Abbas Al Qumi;
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88. Al Lubab fi Marafa tul Insab Ali Bin Muhammad
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89. Lau Laulatal Bahran Al Sheikh Yousuf Al Bahrani;
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90. Wafiat ul Ayan Shamsuddin Ibn Khalkan;
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91. Aslul Shia wa Usulaha Al Sheikh Muhammad
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Al Najaf 1374 AH
92. Tarikh (History) Al Fiqatul Islami Doctor
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Al Arabi Egypt 1378 AH
93. Tarikh (History) Al Yaqoobi Ahmad Bin Abi
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AH; published: Al Haideria, Najaf 1384 AH
94. Dairatul Maarif ul Islamia Jamaat minul Kitab,
Egypt
95. Addarasatul Ilmiya wa Tarikhaha fin Najaf
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Mausooatul Atabatul Muqaddasa Qismul Nafaf Ajz
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1 .1::1C C( ) :)1 1C

84
96. Dalailul Sidq Al Sheikh Muhammad Hassan Al
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AH
97. Daleel Ul Qaza Al Shari -- Muhammad Sadiq Bahrul
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98. Damuul Wafa -- Al Sayyad Moosa Bahiyya;
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99. Az Zaria ila Tasaneef ush Shia Al Sheikh Agha
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107. Mujalla Hizaratul Islam
108. Mujalla Majma Al Ilmil Arabi, Damascus
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110. Kitabul Motamar Al Awwal Majma Al Jaus Al
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1:1+1c1 +)+C

85
111. Al Madkhal lil Fiqhatul Islami Dr. Muhammad
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AH
112. Al Madkhal lid Darasatul Fiqh Al Islami
Muhammad Mustafa Shalbi; published: Dar ut Taleef
Egypt 1376 AH
113. Al Mazahibul Islamia Al Sheikh Muhammad Abu
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114. Al Maghni Lil Qazi Abdul Jabbar Al Motazali;
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115. Maqasid ush Sharial Islamia Muhammad Tahir Bin
Aashoor; published: Al Fania, Tunis 1366 AH
116. Maqasid ush Sharial Islamia wa Makarimaha Alal
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117. Al Muqaddama Abdur Rahman Bin Muhammad
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Tijaria, Egypt
118. Muqaddama Jame us Saadat Al Sheikh
Muhammad Raza Muzaffar, 106 Jame us Saadat
Lil Zaqi; published: Najaf Al Naman
119. Muqaddama fi Ahya Uloom Al Sharia Dr. Saji
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AD
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Hadisa Matba tul Uloom 1956 AD
121. Al Nas wal Ijtehad Al Sayyad Abdul Hussain
Sharfuddin; published: Najaf Ashraf 1375 AH


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