Fatima asked 2 months ago

Why there is big difference between all mushtahidins fatwas shias are fighting on fatwas i need pacific answer one said its haram other one said halal etc

1 Answers
mehdi Staff answered 2 months ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Based on your specific question and information provided.

In matters concerning the laws of religion( Islamic Acts ) – apart from those that are indispensable and indisputable. If a group of Mujtahids consider an act unlawful (ḥarām) and another group say it is not unlawful, it is based on their Ijtihad. 

 

Taqlid (Following a Jurist):

Ruling 1. A Muslim’s belief in the fundamentals of religion (uṣūl al‑dīn) must be based on personal insight [i.e. grounded in reason], and he cannot follow anyone in the fundamentals of religion; i.e. he cannot accept the word of someone who knows about the fundamentals of religion simply because that person says so. However, in the event that a person has certainty (yaqīn) in the rightful beliefs of Islam and expresses them – even though this certainty may not be based on insight – then that person is a Muslim and a believer and all the laws (aḥkām) of Islam and the faith are applicable to him.

However, in matters concerning the laws of religionapart from those that are indispensable and indisputable [such as the obligation to perform prayers (ṣalāh)] –

a person must either be a jurist (mujtahid)(1) who is capable of ascertaining laws based on proof;

or he must follow a mujtahid [i.e. do taqlīd];

or he must exercise precaution (iḥtiyāṭ) by performing his duty in a way that he is certain to have fulfilled his responsibility (taklīf).

An example of exercising precaution [is the following]: if a group of mujtahids consider an act unlawful (ḥarām) and another group say it is not unlawful, the person must not perform that act.

Another example of exercising precaution [is as follows]: if a group of mujtahids consider an act obligatory (wājib) and another group consider it recommended (mustaḥabb), the person must perform it.

Therefore, it is obligatory on those who are not mujtahids and who cannot act on precaution to follow a mujtahid….

 

A Mujtahid is a jurist competent enough to deduce precise inferences regarding the commandments from the holy Qur’an and the Sunnah of the holy Prophet by the process of Ijtihad.

Ijtihad literally means striving and exerting. Technically as a term of jurisprudence it signifies the application by a jurist of all his faculties to the consideration of the authorities of law with a view to find out what in all probability is the law. In other words, Ijtihad means making deductions in matters of law in the cases to which no express text is applicable.

والله العالم‎
(and Allah(awj) Knows best)