Name of the Book : Fiqh

Compiler & Publisher : Association of Imam Mahdi (a.s.)

Year of Publishing : 2014

Printer : Gazelle Enterprises, Mumbai.

Price : Rs. 50/-

 ْ ٰ َ َ ٖ‫ْ ﻪ‬
ٖ‫ﺎﱃ َو ِﺑ ِﺬﻛ ِﺮ َوﻟ ِِّﻴﻪ‬ ‫ﺑِﺴ ِﻤ ﺗﻌ‬

Preface
This Fiqh syllabus has been developed by Association of Imam
Mahdi (a.s.) for its religious classes. We have taken great pains to
ensure that the syllabus conforms to the Holy Quran, traditions of
the Ahle Bait (a.s.) and the books of respected Shiite scholars.
While we have tried our best to make the syllabus as accurate as
possible, we will appreciate if our readers come forth with valuable
suggestions for the improvement of the same and point our
shortcomings, if any.
At the end, we beseech Allah, the Almighty, to hasten the
reappearance of Hazrat Imam Mahdi (a.t.f.s.). May He include us
amongst Imam’s (a.t.f.s.) most sincere companions. May He grant
us success in preparing the ground for his (a.t.f.s.) earliest re-
appearance.
Aameen
 Index
Chapter 1 ...................................................................................... 9
The Rationale behind Islamic Laws .......................................... 9
Reply to the first question: .................................................... 9
Reply to the second question: .............................................. 10
Chapter 2 .................................................................................... 15
Ways of Acting upon Religious Laws ..................................... 15
Aim of Creation .................................................................. 15
Recognition for Worship ..................................................... 16
How to Obtain Allah’s Satisfaction? ................................... 16
An important question ......................................................... 20
System will be destroyed..................................................... 21
Intellectual Decision ........................................................... 22
Chapter 3 .................................................................................... 23
Necessity of Ijtehaad ............................................................... 23
Assistance of Imam (a.s.) .................................................... 28
Tauzeeh al-Masaael ............................................................ 29
Difference in Rulings .......................................................... 29
Chapter 4 .................................................................................... 35
 Necessity of Taqleed ............................................................... 35
The Holy Quran and Reflecting over Religion..................... 36
History of Taqleed .............................................................. 37
Chapter 5 .................................................................................... 43
Protectors and Defenders of Shariah ....................................... 43
Chapter 6 .................................................................................... 54
Sources of Fiqh ....................................................................... 54
1. The Holy Quran .............................................................. 54
2. Sunnah ............................................................................ 54
3. Ijmaa (Consensus) ........................................................... 58
4. Aql (Intellect).................................................................. 58
 ‫َْ ْ‬
‫ﴫ )ﰩ( اد ِرﻛ َﻨﺎ‬ ‫َ َّ ُ َ َ َ َ َ َّ ْ َ ْ‬ ‫اﻟﺮ ْﲪﻦ َّ‬
‫ﺑ ْﺴ ِﻢ ﷲِ َّ‬
‫ﺻﲆ ﷲ ﻋﻠ ْﻴﻚ ‪ D‬و ِﱃ اﻟﻌ ِ‬ ‫اﻟﺮ ِﺣ ْﻴﻢ‬ ‫ِ‬ ‫ِ‬

‫‪Fiqh‬‬
 Chapter 1
The Rationale behind Islamic Laws
One of the questions often posed is, “What is the rationale and aim
behind Islamic laws?” This question is actually a combination of
two questions. There is a common conclusion derived from these
two questions and hence the reply will also consist of two parts.
First question: Is there any rationale or aim behind the Islamic
laws based on which performing them is obligatory, prohibited,
recommended or abominable? If there is an aim then kindly
explain the same.
Second question: An open minded and intellectual person wants
to know the rationale behind these laws. How can he act upon
them until he gets a satisfactory reply?
Conclusion: One cannot act upon the laws satisfactorily without
knowing their rationale.

Reply to the first question: -

There is always a rationale and philosophy behind whatever an

intelligent person says, orders or prohibits. To speak without an
aim is proof of foolishness. Our belief is that Allah is Wise and
Knowing. The amazing system of the universe is a small example
of divine knowledge and wisdom. In the same way, every divine
10 ............................................................................................ Fiqh
order contains deep wisdom, rationale and philosophy behind it.
The special nature of the divine laws is due to divine wisdom. In
the light of this, it can be said regarding the first question that the
analytics of the divine law (like 2 units of the Fajr prayers, neither
more nor less, reciting the Zuhr prayers silently but Maghrib
prayers aloud, fasting being obligatory in the month of Ramazan)
have a satisfactory rationale and philosophy behind them based on
which Allah has made these laws. Because our knowledge is
limited, we are not aware of the complete philosophy of the law.
When Imam-e-Zamana (a.t.f.s.) re-appears, and if he wishes, he
will explain it to us.

Reply to the second question:

It has already been mentioned that behind every divine law, there
is a rationale and philosophy but due to our limited knowledge we
are not aware of the real reason and philosophy. Man’s knowledge
about the worldly sciences like physics, chemistry and psychology
is limited, let alone his cosmic knowledge. In spite of this, it will
be helpful to pay attention to the below points.
1. The philosophy and benefits of some laws are mentioned in
the Quran. It is mentioned regarding the prohibition of
liquor that, “Its harm is more than its benefit”1 Benefits
of Khums, Zakaat and other obligatory charities are
mentioned in the following words, “so that it may not be a
thing taken by turns among the rich of you”2. Benefits of
prayer and supplication have also been explained,
ُ ُ ْ ُّ َ ْ َ ْ ََ
‫ﱧ اﻟﻘﻠ ْﻮ ُب‬ ِ ‫اﻻ ِﺑ ِﺬﮐ ِﺮ‬
ِ ‫ﷲ ﺗﻄﻤ‬
1
Baqarah (2): 219
2
Hashr (59): 7
Fiqh ............................................................................................ 11
Know that by Allah's remembrance are the hearts
set at rest.”1
Also,
َ ْ ۗ َ َ ْ َ ٰ ْ َ َ ٰ َّ َّ
‫[ اﻟﻔ ْﺤﺸﺎ ِء َواﻟ ُﻤ ْﻨﻜ ِﺮ‬
ِ ‫اِن اﻟﺼﻠﻮۃ ﺗﳯﻰ‬
Surely prayer keeps (one) away from indecency and
evil.”2
The philosophy and the benefits of the divine laws are mentioned
in the traditions of the Infallibles (a.s.). The great traditionalist of
the 4th century Hijri, Shaikh Sadooq (a.r.) (expired 381 A.H.) has
written a book dedicated to this topic and named it Ilal al-Sharaa’e.
This voluminous book is available today - it consists of 247
chapters and contains the wisdom and rationale behind some
divine laws.
In the end it is necessary to point out that the rationale of every law
is different from its benefit. For example, the rationale of fasting is
piety and abstinence as mentioned in the Holy Quran. Apart from
this, there are other benefits of fasting mentioned in traditions like
physical health and social benefits, while the social benefit is not
the philosophy of fasting. Apart from this, if there is any reason or
philosophy mentioned in the Holy Quran or traditions regarding a
particular law, then it is not confined to what is mentioned rather it
is one of the philosophies.
2. The spread and progress of knowledge has revealed the
secrets of divine laws and proved their benefits. For
example, ill effects of pork, benefits of circumcision,

1
Surah Ra’ad (13): 28
2
Surah Ankaboot (29): 45
12 ............................................................................................ Fiqh
harmfulness of liquor, benefits of proper urinary laws,
social benefits of congregational prayers, general effects of
Hajj and rules of cleanliness. These are some of the laws
whose benefits and harmful effects are not hidden from any
learned person. However, it should be kept in mind that the
secrets of divine laws which modern sciences have revealed
are not the actual philosophies. Rather these are only a few
unravelled philosophies and reasons. It is clear that the
benefits are not limited to these.
3. There are certain laws whose rationale and philosophy,
wisdom and benefits are not mentioned in the Holy Quran
and traditions. Human knowledge has not yet reached a
stage where it can comprehend the reason and philosophy
of these laws. It is quite possible that in future, human
knowledge reaches that stage and it is also possible that
despite all its attempts, human knowledge fails to uncover
these mysteries and secrets.
Moreover being unaware of the rationale and philosophy of the law
does not affect obedience and compliance because awareness of
the rationale and philosophy of divine laws is not a condition for
obedience. The essence of obedience is intention and the essence
of intention is sincerity. It means performing an action solely for
the satisfaction and pleasure of Allah. The awareness of the
rationale and philosophy behind and action does not affect the
intention. It certainly increases the conviction behind performing
the action. Therefore, being ignorant of the rationale and
philosophy behind an action does not dent the intention of the
action. It is a stage of examination of our reason for worship.
In the end, let us relook at the aforementioned questions:
Fiqh ............................................................................................ 13
To claim that intellectual people will not perform an action until
they are aware of the rationale and philosophy behind it is
completely baseless. Because when man believes in Allah, his
creator and that of the universe, the All-Knowing and the All-
Wise, he believes that He is aware of his apparent and concealed,
body and soul, past and future, success and failure, welfare and
admonishments, profit and loss and factors affecting his progress
and regress more than him, because He has created him. Man is not
dependent on the philosophy of a divine action to perform it. If a
person does not act upon a divine law because of ignorance about
its philosophy, his faith is imperfect.
If this same person falls ill, goes to a doctor and the doctor
prescribes him medicines, he follows the doctor’s instructions
without knowing the specifics of medication and the philosophy
and benefits behind the medicines. What is the reason that when
acting upon religious laws he tries to be intellectual but does not
display the same level of curiosity and intelligence while following
a doctor? Isn’t this difference due to the fact that he is sure and
certain of the doctor’s expertise while his belief in Allah is
wavering?
Apart from this, even if man tries to know the reason and
philosophy behind all the divine laws, he cannot do so. This is a
completely baseless expectation as it requires expertise in every
field. If a doctor has the time and patience to explain the specifics
and benefits of every medicine, then the patient must also have the
capacity to understand those things and confirm them.
If the patient does not possess this expertise in the field of
medicine, the doctor will not be able to explain the effects and
benefits of the medicines. It has already been mentioned that
14 ............................................................................................ Fiqh
knowledge is increasing day by day. This is the time when every
science has different divisions and every division has further sub-
divisions. There was a time when one person was an expert in
different sciences like Abu Ali Sina, Shaikh Bahai (r.a.) and
Khwaja Naseeruddin Toosi (r.a.). These personalities were experts
in mathematics, medicine, engineering, religious laws, philosophy,
history and morals. If these people were in this era, they would
surely be astonished to see the various branches of knowledge.
Based on the above explanation, it is very clear that it is a foolish
expectation that until one does not know the philosophy behind an
action, it will not be performed.
ً َ َّ ْ ْ َ ْ ُ ْ ْ ُ َ َ
‫ اﻟ ِﻌﻠ ِﻢ ِاﻻ ﻗ ِﻠ ْﻴﻼ‬aِ ‫وﻣﺎ او ِﺗﻴﺘﻢ‬
“And you are not given aught of knowledge but a
little.”1

1
Surah Bani Israel (17): 85
 Chapter 2
Ways of Acting upon Religious Laws
Our addressees are those who believe in Tauheed, Adl, Nabuwwat,
Imamat and Qiyamat, for whom the Holy Quran and the traditions
of the infallibles (a.s.) are proofs, i.e. they accept what is
mentioned in them and deem it necessary to act upon it.

Aim of Creation
It is proven from the Holy Quran that Allah the Almighty has not
created man aimlessly. Rather He has created man for worship.
ُ َّ ْ ْ َ َ ْ ُ ْ َ َ َ َ
. ‫اﻻﻧ َﺲ ِاﻻ ِﻟ َﻴ ْﻌ ُﺒﺪ ْو ِن‬
ِ ‫اﳉ ّﻦ و‬
ِ ‫و ﻣﺎ ﺧﻠﻘﺖ‬
“And I have not created jinn and men except that
they worship me”1
When the aim of human creation is Allah’s worship, then unless
man completes this aim, he is wasting his life. Therefore, it is our
responsibility that we worship Allah in order to have a meaningful
life.

1
Surah Zaariyaat (51): 56
16 ............................................................................................ Fiqh
Recognition for Worship
Worship does not simply mean that we perform some actions
rather we must perform them as desired by Allah. When Allah the
Almighty ordered Satan to prostrate in front of Adam (a.s.), Satan
said,
“My Lord, exempt me from this prostration and I will
prostrate to you such that none would have prostrated
to you.” Allah replied,
ُ ْ ُ ُ ْ َ ْ ِ َ ُ ْ ُ ُ ْ َ ْ ِ ُ َ َ َْ
.‫ﻳﺪ‬oِ ‫ ﺣﻴﺚ‬a ‫ ﺣﻴﺚ ا ِرﻳﺪ ﻻ‬a ‫اﻟ ِﻌﺒﺎدۃ‬
“Worship is how I wish and not how you wish.”1
Therefore, worship will be considered worship only if it is
performed as per Allah’s wish.

How to Obtain Allah’s Satisfaction?

How do we know what Allah expects from us?
Allah has revealed Holy Quran and in it has mentioned His
expectations from people. But Holy Quran contains only general
points and not the specifics and details.
At numerous places the Holy Quran order us to
َ ٰ َّ ْ ُ ٓ َ َ ٰ َّ ْ ُ ْ َ
‫اﻟﺰﮐﻮۃ‬ ‫ا‬q‫ا ِﻗﻴﻤﻮا اﻟﺼﻠﻮۃ وا‬
Establish prayers and give charity”.
But how to establish prayer, how to recite namaaz, how many units
and what to recite in those units or the amount of charity etc has
not been specified. In order to explain these specifics and details,

1
Tafseer al-Saafi, pg. 26
Fiqh ............................................................................................ 17
Allah sent Holy Prophet (s.a.w.a), gave him this responsibility and
said,
ْ َ ُ ْ َ ْ ُ َ َ َ َ ُ ْ ُ ُ َ ُ ْ ُ َّ ُ ُ َ ٓ َ َ
ْ‫ﺎﻧ َﳤُﻮا‬ ‫ ﮐﻢ اﻟﺮﺳﻮل ﳀﺬوە وﻣﺎﳖﺎﮐﻢ ﻋﻨﻪ ﻓ‬s‫و ﻣﺎ ا‬
“And whatever the Apostle gives you accept it, and
from whatever he forbids you, keep back.”1
In this way, the obedience of the orders of the Holy Prophet
(s.a.w.a) was made obligatory. Today, whatever prayers we offer
are based on the specifics and details explained by the Holy
Prophet (s.a.w.a). Looking at the life of the Holy Prophet (s.a.w.a),
he spent thirteen years in Makkah under the tortures and opposition
of the disbelievers and his ten years in Madinah were spent in
battles. The enemies of Islam didn’t let him rest even for a while.
There were eighty battles in ten years i.e. a battle in every one and
a half months. These situations did not give the Holy Prophet
(s.a.w.a) the opportunity to explain all the religious laws peacefully
and in detail. And even if he would have got the opportunity, the
intellectual capacity of Muslims then was not adequate to
understand them. Therefore, he made Ahle Bait (a.s.) as his
successors and equal in importance as the Holy Quran. He made
their position evident through Hadith-e-Saqalayn and made
attachment to them obligatory, which was a means of salvation
from deviation.
ً َ َ ْ ْ َ ْ ُّ َ ْ َ َ ْ ُ ْ َّ َّ َ ْ َ
.‫ﻣﺎ ِان ﲤﺴﮑﺘﻢ ِ ِﲠﻤﺎﻟﻦ ﺗ ِﻀﻠﻮا ﺑﻌ ِﺪی اﺑﺪا‬
“If you hold fast unto both of them, you will never be
deviated after me.”

1
Surah Hashr (59): 7
18 ............................................................................................ Fiqh
Therefore, if we wish to seek divine satisfaction, then we should
go to the door of the Holy Prophet (s.a.w.a) and Ahle Bait (a.s.).
These personalities have time and again informed us about what
Allah expects from us. Allah has made them His interpreters.
These personalities, on divine commands, have explained all the
issues and laws of our lives. But these laws have been explained in
Arabic and that too eloquent Arabic. It is such a language that
there are meanings and concepts in every letter, every sign and
every conjugation. Therefore, if we really wish to know the divine
laws through these verses and traditions, then:
1. We must know Arabic with all its rules, literature and finer
points, failing which we expose ourselves to mistakes and
errors of interpretation.
2. All these verses have not been mentioned in an order at one
place that they can be understood at a glance.
3. These verses have been mentioned in the Holy Quran at
different places and are in different chapters and there are
different laws that are closely related to each other. For
example, Namaz does not only include its rules
independently but also has rules for purification, rules for
water, soil, place and clothes, rules for praying aloud and
silently and details concerning each of them. Until one
knows each rule, he cannot even pray one unit of prayer.
4. To understand the tone and manner of traditions. The tone
that implies obligation and the one that denotes
recommendation. For example, the below two traditions are
similar:
َّ ْ َ ْ َ َ َ َ َ َ ْ َ َ َّ َ َ َ َ
‫ﺎب۔ ﻻ ﺻﻼۃ ِﳉﺎ ِراﻟﻤﺴ ِﺠ ِﺪ ِاﻻ‬ ِ ‫ﻻ ﺻﻼۃ ِاﻻ ِﺑﻔ‬
ِ ‫ﺎﲢ ِﺔاﻟ ِﮑﺘ‬
Fiqh ............................................................................................ 19
ْ
…‫ِ…ﻟ َﻤ ْﺴ ِﺠ ِﺪ‬
“There is no prayer except (beginning) with Surah al-
Fateha. There is no prayer for (one who is) the
neighbour of a mosque except that (its complete
reward) is (in praying) in the mosque.”
One cannot conclude a result without having complete command.
Everyone is not capable of it. It requires complete command on all
the aspects of the rules.
5. We have neither heard these traditions directly from the
infallibles nor seen it written down by them so that we are
fully convinced that these have really been narrated by
them. Rather these traditions have reached us through
narrators. Each tradition has reached us through some chain
and it is necessary for us to know whether there is a
connection between each link of the chain and that each
link is authentic and reliable, or whether any of the links is
missing. It is clear, that to obtain knowledge of all these, is
no easy task.
Now if we wish to solve all the issues of our lives on our own, we
should seek our responsibilities from the Holy Quran and traditions
all by ourselves. Then there is no restriction over it and this
knowledge is not exclusive to any person, group, family or nation.
This field of study is open for everyone but it requires time and
inclination. This is not a matter of a couple of days, months or
years. It spans across decades. Like the other sciences of the world,
this study also requires teaching and training. Just as a person
cannot become a doctor or an engineer by reading books at home,
similarly one cannot become a jurist by reading a few verses and
20 ............................................................................................ Fiqh
traditions.

An important question
A young man on attaining maturity as per religious laws is
supposed to fulfil his religious responsibilities. How can he go
about it? There are certain scenarios for this:
1. There is no religious responsibility upon us. We are
completely free.
2. There is responsibility but there are no specific guidelines.
We are free to fulfil it the way we want and that will be our
responsibility.
3. Allah has given certain responsibilities and commands. He
has made laws for each and every stage of our life. And we
have to act as per it. Else our responsibility will not be
considered as fulfilled and we shall be accountable on the
Day of Judgement.
4. We do not have to make laws but search for them in the
narrations of Allah and His representatives (Prophet, Imam)
and formulate our own responsibilities. We cannot fulfil the
responsibilities until we search the laws.
Now if every person tries to find his responsibilities in the light of
verses and traditions, will it yield immediate results? It means as
soon as we come across a situation on our life, we immediately
refer to Quran and traditions, identify our responsibility and fulfil
it. A question related to prayers or fasting may come up or
something related to the share market or commodities. If every
person tries to find the answer in Holy Quran and traditions, it will
take so much time that the need for the answer itself will cease to
exist. This is because there are certain issues in today’s world
Fiqh ............................................................................................ 21
which were not there in the time of the Infallibles (a.s.). Therefore
if there is an issue about which the Infallibles (a.s.) have been
asked and they have answered it, it applies to us as well and we do
not need anything else. But if an issue is not present in the form of
a question and answer, which means that the issue by itself is not
present, rather its general rules are present. Now, to understand the
general rules in the light of the laws mentioned by the Infallibles
(a.s.) and seek a solution by understanding each and every aspect
of the rule, applying it to the issue at hand and finding a solution is
not an easy task and requires expertise.

System will be destroyed

Now if everyone decides to find his own solution to religious
issues and all of them get into this field, what will happen to the
other affairs of the world? How will there be doctors to cure and
treat the ill or how will there be engineers or architects? What will
happen to other affairs of life? And if we apply this same
philosophy to all matters of life, we will face dangerous
consequences. For example, if there is a sick person in a house and
he says that I will first research about the illness and then treat
myself, I will not refer to anyone. As a result, by the time the
patient researches about the illness and treats the sickness, he will
die. In this case, it is wise to refer to an expert doctor. Who will be
responsible if we treat the patient without referring to an expert
doctor and the patient dies? Will not all the intellectual people
oppose his view and hold the patient responsible for his own
death?
One question which can arise here is that sometimes the patient
dies despite treatment from an expert doctor. The answer to this is
that if the patient dies despite treatment from an expert doctor, the
22 ............................................................................................ Fiqh
doctor will be held responsible and not the one who has come for
treatment. No one will criticize him, rather they will sympathise
with him and only the doctor will be held responsible if he was
careless in treating the patient. But if he has not left any stone
unturned from his side and did whatever he could, he will not be
responsible for failing to save the patient.
The situation is the same here. If someone tries to act upon the
religious laws without gaining complete expertise over them based
on only his understanding and on the Day of Judgement his action
are not found as per the divine order, who will be responsible for
his actions being nullified? Moreover he will realise this when
there will be no chance of repeating the act or offering its Qazaa.
All he will have is remorse and even condemning will be of no use.

Intellectual Decision
As Allah has made a law for each stage of our life and has not left
us free, we cannot ourselves make laws in our lives. Therefore, like
other affairs of life, in this affair too we must refer to experts
(Jurists) and make use of their effort and research and seek our
responsibilities, understand and act upon them in the light of their
words (Rulings) so that we do not face any embarrassment on the
Day of Judgement.
 Chapter 3
Necessity of Ijtehaad
Before we begin, it should be made clear that Ijtehaad is not equal
to or the opposite of the Holy Quran and traditions. In fact, in Shia
Fiqh it is deriving solutions in the light of Quran and traditions.
Hazrat Ayatullah al-Uzma Syed Abul Qasim al-Khoei (may Allah
sanctify his grave) was asked:
Do you rely only on your rationale for your rulings and solutions?
He said:
There is no doubt that religious commands are based on practical
and real life issues. These commands are not baseless. However,
our intellect is helpless to comprehend it. The religion of Allah
cannot be practiced trough intellect only. Hence it is necessary for
us to follow the logic mentioned in Quran and traditions. Yes, the
intellect assimilates some of the clear issues which are free from
doubt and ambiguity. Just like considering justice and nobility as
virtuous acts while considering oppression and disobedience as
corrupt acts, however it is clear that these acts have been
mentioned in Quran and traditions. 1
The statement of the great teacher, the Marja’ of the time is enough

1
Masaael wa Rudood, part 1, p. 5-6
24 ............................................................................................ Fiqh
to prove the fact that in Fiqh, Ijtehaad is not against Quran or
traditions and a Mujtahid derives rulings in the light of Quran and
traditions and not just his intellect.
Now the question arises that what is the need of these rulings? The
answer is:
1. As the world progressed, new issues came to the fore. The
problems which we face today did not exist fifty years
earlier and certainly not hundred or thousand years earlier.
2. Allah’s commands exist for all issues of life
3. Religious people prefer to live their lives as per the
command of Allah
4. The practice of narration of traditions ceased after
beginning of the major occultation and the source and
origin of religious commands was culminated. When major
occultation began, it was not easy to present an issue in
front of Imam (a.s.) and get its solution and not everyone
was capable of doing so.
5. The need of the hour was to derive solutions from the
abundant traditions through pondering and studying them
6. There was a need of rules and regulations required for
pondering and studying these traditions so that the research
and analysis is standardized. Hence there was a need of
knowledge of the principles so that solutions can be derived
in the light of these traditions. The knowledge of these
principles was available in a disorganized manner earlier.
However, the occultation of Imam (a.s.) made its need
more evident and thus this knowledge was organized in
form of a subject. E.g. it was common that ‘if a trustworthy
Fiqh ............................................................................................ 25
person narrates a tradition of Imam (a.s.) then it should be
accepted’ or ‘the apparent meaning which is derived from
the statement is a proof for us’. These concepts were
prevalent from the ancient times and based on these, people
accepted the traditions. Ilm-e-Usool (knowledge of the
fundamentals of Fiqh) gave it a form of a subject and base.
By making “The common point is accepted”, “The reliable
point is accepted” and “The apparent is accepted” as rules,
Ilm-e-Usool does not become any new theory which can be
termed as innovation in the era of occultation. To
summarize, as the severity of problems increased and
newer problems came into existence, the need of pondering
and analyzing traditions increased. This systematic form of
thinking and pondering is called Ijtehaad.
7. Imams (a.s.) knew that with the commencement of
occultation, the practice of narrating traditions would be
stopped and the period of occultation would be long and
full of obstacles and difficulties. It is a miracle of Imams
(a.s.) that they narrated the traditions in such completeness
that solutions to problems could be sought in them proving
that they (a.s.) laid the grounds for Ijtehaad.
a. Janab Hisham bin Saalim narrates from Imam Ja’far Sadiq
(a.s.):
َََ َ ُ َ َ ُ ْ ُ َ ْ َ َ ْ َ َ َ َّ
.‫ˆ ِاﻟ ْﻴﮑ ُﻢ اﻻ ُﺻ ْﻮل َو َﻋﻠ ْﻴﮑ ْﻢ ا ْن ﺗﻔ ّﺮ ُﻋ ْﻮا‬
ْ ِ ‫ِاﳕﺎ ﻋﻠﻴﻨﺎ ﻧﻠ‬
“It is our responsibility to narrate the fundamentals
and it is your responsibility to dissect it.”1

1
Wasaael al-Shia, vol. 27, p. 61, H. 51
26 ............................................................................................ Fiqh
b. Muhammad bin Abi Nasr narrates from Imam Reza (a.s.)
ْ َّ ُ ُ ْ َ َ َ ْ ُ ُ ْ ُ َ ْ َ ْ َ َ
‫اﻟﺘﻔ ِﺮ ْﻳ ُﻊ‬ ‫ﻋﻠﻴﻨﺎ ِاﻟﻘﺎء اﻻﺻﻮ ِل وﻋﻠﻴﮑﻢ‬
It is our duty to narrate the fundamentals and your
duty to bifurcate it.1
It becomes clear from these traditions that the Infallible Imams
(a.s.) have conveyed the complete knowledge and have given
permission to search for solutions of problems in the light of these
traditions. Imams (a.s.) have not said that you cannot narrate
anything except what we have narrated, not to ponder and reflect.
In fact this is just what they have ordered. We have been
commanded to derive the details from the broad fundamentals
narrated by them. Imam Ja’far Sadiq (a.s.) has ordered to give
verdicts in the light of these traditions and wants to see his
companions giving rulings.
c. Sulaim ibn Abi Habbah narrates
I was in the presence of Imam Ja’far Sadiq (a.s.). When I got up to
leave, I said: My Master, please advise me with that which will
benefit me in this world and the next. Imam (a.s.) said,
َ‫ﲑا َﳁﺎ‬ ً ْ ‫ﲰ َﻊ ِﻣ ِّﲎ َﺣ ِﺪ ْﻳ ًﺜﺎ َﮐ ِﺜ‬ َ ‫ﺐ َﻓﺎﻧَّ ُﻪ َﻗ ْﺪ‬ ْ َ َ ْ َ ََ ْ
ِ ِ َ ‫ ﺗﻐ ِﻠ‬Ž ‫ﺖ ا …ن‬ ِ ‫اِﺋ‬
ْ ْ َ ْ َ َُ ُ َ َ َ َ َ َ َّ ْ َ َ َ ََ
ِ ‫ و ﻗﺎل ﻟﻪ ا ْ˜ ﺟﻌﻔ ٍﺮؑ اِﺟ ِﻠﺲ‬:‫روی ﻟﮏ ﻓﺎر ِو ِە ﻋ ِﲎ ﻗﺎل‬
‫ﰲ‬
ْ ِ ‫ﰲ ِﺷ ْﻴ َﻌ‬ ُّ ‫ﺎس َﻓﺎ ّﱏ اُﺣ‬
ُ ‫ﺐ َا ْن‬ َ َّ َْ َ َ ْ َ ْ
‫ﱴ‬ ِ ‫ی‬ َ
œ ِ ِ ِ ‫اﻟﻨ‬ ‫ﺖ‬ِ ‫َﻣ ْﺴ ِﺠ ِﺪ اﻟﻤ ِﺪﻳﻨ ِﺔ وا‬
‫ﻓ‬
‫ﮏ‬ َ ُ‫ﻣ ْﺜﻠ‬
ِ
“Go to Aban bin Taghlib as he has heard many

1
Wasaael al-Shia, vol. 27, p. 62, H. 52
Fiqh ............................................................................................ 27
traditions from me. Then whatever he narrates for you,
you narrate (to others) from me. He also said that
Imam Muhammad Baqir (a.s.) told him (Abaan):“Sit in
the Masjid of Medina and give them religious edicts. I
wish to see people like you in my Shias.”1
d. Ameerul Momineen Imam Ali (a.s.) narrated to Janabe
Qasam bin Abbas
َ‫ﺖ ﻟ ِْﻠ ُﻤ ْﺴ َﺘ ْﻔ ِﱴ َو َﻋ ِﻠّﻢ ْاﳉَﺎ ِﻫ َﻞ و‬ ْ َٔ َ ْ َ ْ َ ْ ُ ُ َ ْ ْ َ
ِ ِ ‫ ﻓﺎﻓ‬¥ ِ ‫و اﺟ ِﻠﺲ ﻟﻬﻢ اﻟﻌﴫ‬
َ.‫ﺎﱂ‬ َ ْ َ
ِ ‫ذاﻛ ِِﺮ اﻟﻌ‬
“Sit with them in the morning and evening. Give
religious verdicts to those who seek. Teach the
ignorant and remind the scholars.” 2
It becomes clear from these traditions that Imam (a.s.) not only
wanted their companions to narrate traditions but also to ponder
and reflect on them, answer the people through them and pass
religious verdicts. The Maraaje of this era pass verdicts based on
traditions and the books that they have written to support their
verdicts, where traditions for each verdict are mentioned and are a
sufficient proofs for this. Hence it is baseless and incorrect to say
that Maraaje pass verdicts based on their whims and fancies. Only
one who is completely unaware of Fiqh and Ijtehaad can make
such a statement. Since issues will come up in every era, Ijtehaad
also will be a necessity in every era. It is a favor by the scholars
that they struggle day and night and seek out solutions to the

1
Mustadrak al-Wasaael, vol. 17, p. 315, H. 14
2
Nahj al-Balaagha, vol. 3, p. 140, H. 27; Mustadrak al-Wasaael, vol. 17, p.
315, H. 15
28 ............................................................................................ Fiqh
problems. The solution of every problem can be derived through
Ijtehaad which is a guarantee for the safety of our religion. It has
safeguarded the Shia creed from deviation.
We hope that the necessity of Ijtehaad has been established.

Assistance of Imam (a.s.)

There are many anecdotes in the major occultation where Imam
(a.s.) has helped the Mujtahideen. Al-Muqniah is the book of
verdicts of Shaikh Mufeed (a.r.). Imam-e-Asr (a.s.) has wrote
numerous Tauqee (letters) to him and praised him. Imam (a.s.)
says:
ُ ُ َْْ ّ ُ ْ ُ ْ َ ْ َ ْ َ ُّ َٔ َ ْ َ َ ٌ َ َ
‫ اﻟﻤﺨﺼﻮص‬¥ِ ‫اﻟﺪ‬
ِ ‫ﺳﻼم ﻋﻠﻴﻚ اﳞﺎ اﻟﻤﻮﱃ اﻟﻤﺨ ِﻠﺺ ِﰲ‬
.‫ﲔ‬ َِ ‫ﻴﻨﺎ ِ… ْﻟ‬
‫ﻘ‬ ‫ﻴ‬ َ ‫ِﻓ‬
ِ
Peace be upon you O sincere friend in religion, who
has a special belief concerning our Wilayat.1
َ َّ ْ ُ َّ َ ُّ َ َ ْ َ َ
‫ ِاﻟ ْﻴ ِﻪ‬³‫ﺎﴏ ِﻟﻠ َﺤ ّ ِﻖ اﻟﺪ ِا‬ ‫ﺎاﻟﻨ‬ ‫ﳞ‬‫ا‬ ‫ﮏ‬ ‫ﻴ‬ ‫ﻠ‬‫ﻋ‬ ِ
‫ﷲ‬ ‫م‬ ُ ‫َﺳ َﻼ‬
ِ
ْ ّ َ َ
.‫اﻟﺼﺪ ِق‬ِ ‫ﳫﻤ ِﺔ‬ِ ‫ِﺑ‬
Salutations of Allah upon you! O the helper of the
truth, the one who calls towards it through true
communications.2
Can such praise be for a person who does bida’h under the veil of
Ijtehaad? The letters and help of Imam (a.s.) prove that Imam likes
this practice. Deviating from this can displease Imam (a.s.).

1
Al-Ehtejaaj by Shaikh Tabresi, vol. 2, p. 497
2
Al-Ehtejaaj by Shaikh Tabresi, vol. 2, p. 498
Fiqh ............................................................................................ 29
The characteristics and attributes required by a Mujtahid are
mentioned in Tauzeeh al-Masaael.

Tauzeeh al-Masaael
Tauzeeh al-Masaael means explanation of the problems. The early
Muslims were conversant with Arabic to a certain extent, every
learned person was well versed with Arabic and hence a tradition
was quoted at the end of the answer. However, as the population of
Muslims began to increase new problems surfaced and the
Muslims lost touch with Arabic. Hence, there was a need to
provide solutions in a simple and local language so that everyone
could benefit from it and understand his religious obligations of
daily life and as a result, Tauzeeh al-Masaael came into being.
Finally, the versions and style of Tauzeeh al-Masaael kept
changing with the time. The availability of solutions in Arabic,
Persian, Urdu, English, etc. does not mean that Mujtahideen have
added their views to it. A Mujtahid indicates towards the original
books from where he has derived solutions, if required, to the
experts of Fiqh. A common man is incapable of understanding it.

Difference in Rulings
The opponents of Taqleed make a big hue and cry about the
differences found in the rulings of Mujtahideen. While Allah, His
Messenger, His Religion, His Shariah are one, the differences in
rulings prove that they are not as per Quran and Traditions or else
there would be no disparities. There are many answers to this
question:
1. The Mujtahideen are not infallible hence there will be a
difference in their opinions. Only our infallible Imams
(a.s.) are personalities who have no differences between
30 ............................................................................................ Fiqh
them. If we want to avoid any discrepancies then we should
pray for the early reappearance of Imam-e-Zamana (a.t.f.s.)
so that we relate our problems to his holy eminence and the
solution that he provides will be true and without any
conflict.
2. Secondly, there are no major differences in the rulings of
Mujtahideen and these differences are not in the form of
obligatory and prohibited. It is not that one Mujtahid
considers a particular act to be obligatory and the other
considers it to be prohibited. Even if it is so, it is only in the
derivation of the concept and not in the fundamental issue.
Most of the differences are like one Mujtahid considers
recitation of Tasbeehaat-e-Arba’ once in the third and
fourth rak’at as correct while another considers on reciting
it thrice as important. The one who deems reciting it one
time as correct does not prohibit from reciting it three
times.
3. As mentioned that the rulings of Mujtahideen are based on
traditions. These traditions are of various categories:
a. The Mujtahideen have not heard the tradition directly from
Infallible Imam (a.s.) but have accessed them through a
series of narrators. It is possible that one Mujtahid may not
consider all the narrators of a particular tradition reliable
while based on proofs the other Mujtahideen may consider
all of them to be reliable. This difference will have an
effect on the reliability of the tradition as also on the related
ruling.
b. One should note that our Imams (a.s.) have never had
complete freedom. The tyrant kings always opposed them
Fiqh ............................................................................................ 31
and appointed spies in their houses whose sole aim was to
find reasons to trouble Imam. Either to torture Imams (a.s.)
or the lovers of Imam. Those present with Imam were not
aware of the spies. Hence, Imam (a.s.) narrated some
traditions in Taqayyah (dissimulation). Those who were not
aware of the conditions took this tradition as correct and
started narrating it. It was difficult to gauge which tradition
is true and which is not, due to lack of means to clarify it
from Imam (a.s.). This is also one of the reasons for the
difference in rulings.
c. While narrating traditions which are against Holy Quran,
narrating the concept instead of the words of infallibles is
permitted.
1. Muhammad bin Muslim asked Imam Ja’far Sadiq (a.s.) that
I hear a tradition from you and then add or delete to it.
Imam (a.s.) said:
َ ْٔ َ َ َ ْ َ َ ُ ْ ُ ُ ْ ُ ْ
.‫ﻳﺪ ﻣﻌﺎ ِﻧﻴ ِﻪ ﻓﻼ ﺑﺎس‬oِ ‫ِان ﮐﻨﺖ‬
If you want to explain its concept, there is no problem
in it. 1
2. Another narrator said that I listen to you and want to
narrate as I have heard however I am not able to do so.
What should I do? He (a.s.) said: Do you do it intentionally.
He said: No. He (a.s.) said: Do you intend to narrate the
meaning and the concept. He said: Yes. He (a.s.) said:
There is no problem in it. 2

1
Wasaael al-Shia, vol. 27, p. 80, H. 9
2
Wasaael al-Shia, vol. 27, p. 80, H. 10
32 ............................................................................................ Fiqh
Now if two narrators narrate a tradition in their own words and
choose the words as per their capacity, then this choice and
difference of words can lead to differences in concepts when
analyzed in future, although the narrator is not at fault here.
d. With regards to words, it is not a new issue but different
traditions were found in the era of Imams (a.s.). When this
issue was presented to Imams (a.s.) they did not reject it
however gave solution for the same. Please refer to this
tradition:
When Zurarah ibn A’yun asked Imam Muhammad Baqir (a.s.):
Zurarah: There are two different traditions which have come from
you. Which one should I follow?
Imam (a.s.): O Zurarah! Act on the tradition which is famous
among your friends and leave the uncommon and rare tradition.
Zurarah: Both are famous and both have been narrated from you.
Imam (a.s.): Act on the tradition whose narrator is more reliable in
your eyes.
Zurarah: Both are just and reliable.
Imam (a.s.): Leave the one which corresponds to the belief of the
Sunnis; and take the other one.
Zurarah: Sometimes both are in accordance and sometimes both
are opposite; what should I do?
Imam (a.s.): Take the one which is as per precaution and leave the
other one.
Zurarah: Sometimes both are as per precaution, sometimes both are
against it.
Fiqh ............................................................................................ 33
Imam (a.s.): In this case take anyone and leave the other.1
It is clear that these differences will be present in the rulings;
however it cannot be made as a base that Mujtahideen give rulings
as per their wishes and hence there is a difference. Please refer to
this tradition as well.
A narrator asked Imam Ali Naqi (a.s.): Two different traditions
have been narrated from Imam Sadiq (a.s.) concerning the morning
prayer while traveling. Some say that this prayer can be recited
inside the travel cart while some say that one has to get down and
pray on the land.
Imam Ali Naqi (a.s.) wrote: You can decide where to recite. 2
This real reason for the difference will be known when Imam-e-
Zamana (a.t.f.s.) reappears. Hence it is said that one should leave
such traditions. When Imam (a.s.) will reappear he will explain it. 3
4. The difference of opinion is not restricted only to
Mujtahideen but it exists in every profession. There are
differences among great scientists. There are differences
among the best of doctors. All experts of religion have this
kind of a difference. This difference is due to perfection of
skills and this difference becomes a reason for progress of
knowledge and if there wasn’t any difference between
Mujtahideen then Ilm-e-Usool and Ilm-e-Fiqh wouldn’t
have progressed to such levels. Today, minuteness of Ilm-
e-Usool and Fiqh, its vastness, newer arenas, are all due to
this. The Ijtehad today is more advanced than earlier. And

1
Mustadrak al-Wasaael, vol. 17, p. 303-304, H. 2
2
Wasaael al-Shia, vol. 27, p. 122, H. 44
3
Wasaael al-Shia, vol. 27, p. 108, H. 1
34 ............................................................................................ Fiqh
we must appreciate that no one is perfect except the
infallible Imams (a.s.). Besides, giving an opinion means
the Mujtahid has his own specific opinion and he is not just
repeating someone and presenting his ideas. In this case he
wouldn’t be called as Mujtahid.
5. This difference does not affect our actions. We should act
as per the edicts of the Mujtahid whom we follow. If our
action is as per the edicts, then it will be our answer in front
of Allah on the Day of Qiyamat. Our argument, that we did
not act as per the edict because there was a difference, will
have no value on the Day of Qiyamat. We may be told that
if the difference mattered so much to you, then why didn’t
you research yourself or did not act as per precaution
(Ihtyaat).
Hence mentioning the difference of Mujtahid is an excuse against
the school of Taqleed and Jurisprudence and there is no real merit
in it. During the occultation of Imam (a.s.), it is this school which
is the reason for the intellectual, cultural, fundamental and rational
existence of Shiaism.
This school has kept the Shias protected from being colonized.
This character of the school of Jurisprudence is defeating the plots
of enemies and hence colonization wants to weaken this school.
But no one can harm the school which is protected by Hazrat Wali-
e-Asr (a.t.f.s.). This school shall exist till the day of reappearance
of Imam (a.s.). Aameen
 Chapter 4
Necessity of Taqleed
It has been mentioned earlier that our lives should be spent as per
the wish and command of Allah. When infallible Imam (a.s.) was
apparent and going into his blessed presence was possible, people
approached him and sought solutions to their problems. He (a.s.)
replied accordingly. Every response of Imam (a.s.) was an
interpretation of Allah’s wish. There was no need for any further
questions or pondering over it. The Imam (a.s.) always gave the
correct verdict of Allah for every problem. Since Allah has
bestowed him with knowledge, the most complex of problems
were extremely simple and basic for him. Everything was in front
of him. There was no need for referring to anyone else in the
presence of the Imam (a.s.). But what should be done when it is not
possible to meet Imam (a.s.)?
1. Should we assume it to be our responsibility and do what
we feel? No religious person would accept this.
2. Reflect on the traditions of the infallibles (a.s.), turn
towards the narrators of these traditions and follow those
things which they infer based on the traditions?
Based on this, the need for Taqleed is felt at a time when it is not
possible to meet the infallible Imam. Since it is not possible for us
36 ............................................................................................ Fiqh
to reach Imam (a.s.) during his occultation, it becomes important
that we refer to the experts of traditions. The point raised is - is this
only an intellectual need or has it been mentioned in the Holy
Quran and traditions as well?

The Holy Quran and Reflecting over Religion

The Holy Quran has commanded us to acquire deep understanding
about religion.
َ ْ ّ ُ ْ َ َ َ َ ْ َ َ ً َّ ۗ َ ْ ُ ْ َ َ ْ ُ ْٔ ُ ْ َ َ َ َ
ِ aِ ‫وﻣﺎ ﰷن اﻟﻤﻮ ِﻣﻨﻮن ﻟِﻴﻨ ِﻔﺮوا ﰷﻓﺔۭ· ﻓﻠﻮﻻ ﻧﻔﺮ‬
‫ﰻ ِﻓﺮﻗ ـ ٍﺔ‬
َ ْ ُ َ َْ ْ ُ ُْ َ ْ ّ ْ ُ َّ َ َ َ ّ ٌ َ ۗ َ ْ ُ ْ ّ
‫ وﻟِﻴﻨ ِﺬروا ﻗﻮﻣﻬﻢ اِذا‬¥ ِ ‫ِﻣﳯﻢ ﻃﺎ ِٕﯨﻔﺔ ِﻟﻴ َﺘﻔﻘﻬﻮا ِﰲ اﻟ ِﺪ‬
َ َ ّ َ ْ َ ْٓ ُ َ َ
Àۧ‫ﳱ ْﻢ ﻟ َﻌﻠ ُﻬ ْﻢ ْﳛﺬ ُر ْو َن‬ ِ ‫رﺟﻌﻮا اِﻟ‬
“And it does not beseem the believers that they
should go forth all together; why should not then a
company from every party from among them go
forth that they may apply themselves to obtain
understanding in religion, and that they may warn
their people when they come back to them that they
may be cautious?”1
Let us pay attention to the above verse. It is the responsibility of a
few people from every nation that they travel towards knowledge
centres in order to acquire deep and true understanding about
religion. They should go there and acquire such profound
knowledge about religion such that it becomes a part of them and
once they return, they should make others aware about religion,
Allah’s commands and inform them about the roots and branches
of religion. Those who are not well versed with that knowledge

1
Surah Taubah (9): 122
Fiqh ............................................................................................ 37
should listen carefully to them and stay away from sins and Allah’s
dissatisfaction.
Four important things have been mentioned here:
1. Traveling to knowledge centres in order to acquire religious
knowledge
2. Acquiring deep religious knowledge at those centres
3. Returning after acquiring knowledge and making people
aware of Allah’s religion
4. Other people are responsible for acting upon those things
Hence, it is the responsibility of an ignorant person to refer to a
scholar and act upon his teachings. Does Taqleed mean anything
apart from this? The ignorant have not been left free but have been
told to refer to the scholars.

History of Taqleed
Some people consider Taqleed to be an invention of this last era
and that the scholars have crafted this for their own authority. It
was non-existent previously.
If we ponder over the meaning of Taqleed, it means “in order to
know one’s religious responsibilities and act upon the religious
laws, an ignorant and uninformed person should refer to scholars
and those with deep understanding of religion”. This was also the
state during the time of infallible Imams (a.s.). It was possible for
those who stayed in the same city as that of the Imam (a.s.) to
approach him directly, seek answers to their problems and get
practical solutions. But those who did not live in that city or did
not have direct access to Imam (a.s.), how would they know of
their responsibilities and related edicts? Were they absolved of all
38 ............................................................................................ Fiqh
religious responsibilities till the time they meet Imam (a.s.)?
Certainly not!
Rather these people approached the narrators of traditions within
their cities and scholars who had deep understanding of religion.
They visited them for their problems and acted as per what they
said. If we go through traditions, we will come to know that Imams
(a.s.) had directed people towards them and ordered them to live
among the people and provide them with edicts. It implied thus- do
not depend only on narrations of our traditions but also derive laws
from them and provide solutions to the problems of people. We
shall proceed to narrate the following traditions which clearly
prove that Imams (a.s.) had themselves ordered to refer the
scholars and encouraged Taqleed.
1. Shoaib asked Imam Ja’far Sadiq (a.s.)
َ ْ َ َ َ َ ُ َٔ ْ َ ْ َ َ ْ َّ َ َ َٔ ْ َ ْ َٔ َ ْ َ ْ َ َّ ُ
‫[ اﻟﴙ ِء ﳁﻦ ﻧﺴﺎل ﻗﺎل ﻋﻠﻴﻚ‬ ِ ‫رﲟ َﺎ اﺣﺘﺠﻨﺎ ا َن ﻧﺴﺎل‬
ٔ َْ ْٔ
.‫ﲑ‬
ٍ ‫ﺼ‬ ِ ‫ِ…ﻻ َﺳ ِﺪ ِّي ﻳﻌ ِﲎ ا َ… َﺑ‬
“Often we are in need of asking about anything, then
who should we ask? He (a.s.) said: Ask Asadi meaning
Abu Baseer.”1
2. Abdullah Ibn Abi Ya’foor narrates that I asked Imam Ja’far
Sadiq (a.s.):
It is not possible for me to be in your presence always and
sometime it is not feasible as well. One of our friends approaches
with a problem and I do not have its answer (what should I do at
such times)? Imam (a.s.) replied:

1
Wasaael al-Shiah, vol. 27, p. 142, H. 15
Fiqh ............................................................................................ 39
ْ ِ ‫ﲰ َﻊ‬َ ٗ َّ َ ّ ‫اﻟﺜ َﻘ‬
َّ ْ ُ Žْ ‫ ُﳏ َ َّﻤﺪ‬aْ ِ َ ُ ََْ َ َ َ َ
a ِ ‫ ﻓ ِﺎﻧﻪ‬Ç ِِ ‫ﻢ‬
ٍ ‫ﻠ‬
ِ ‫ﺴ‬ ‫ﻣ‬ ِ ِ ‫ﻚ‬ ‫ﻓﻘﺎل ﻣﺎ ﳝﻨﻌ‬
َٗ َ ْ َ
.‫ﰉ َو ﰷ َن ِﻋ ْﻨﺪﻩ َو ِﺟ ْﳱًﺎ‬ِ‫ا‬
“What prevents you from (asking) Muhammad Ibn
Muslim al-Thaqafi? He has heard (traditions) from my
father who considered him reliable.”1
3. Ali Ibn al-Musayyab al-Hamadani asked Hazrat Imam Ali
al-Reza (a.s.):
I stay far away. I cannot always be in your presence. To whom
should I address my religious queries? Imam (a.s.) replied:
َ ْ ُّ َ ّ َ َ ُ ْٔ َ ْ ّ ّ ُ ْ َ َ ٓ ْ َّ َ َ ْ َ َ
.‫ و اﻟﺪﻧﻴﺎ‬¥
ِ ‫اﻟﺪ‬
ِ Ì ‫ﻮن‬
ِ ‫ ادم اﻟﻘ ِﻤ ِﻲ اﻟﻤﺎﻣ‬Ž ِ D‫ زﻛ ِﺮ‬aِ ‫ﻗﺎل‬
“From Zakariyya Ibn Adam al-Qummi, he is a
trustworthy person in this world and the hereafter.”2
4. Abdul Aziz Ibn al-Muhtadi asked Hazrat Imam Ali al-Reza
(a.s.):
I cannot be in your presence always. To whom should I address my
religious queries? Imam (a.s.) replied:
ٰ ْ َّ ْ َ ْ َ ُ ُ ْ َ ْ ُ َ َ َ
.‫ ﻋﺒ ِﺪ اﻟﺮﲪ ِﻦ‬Ž
ِ ‫ﻧﺲ‬Ï [ ‫ﻓﻘﺎل ﺧﺬ‬
“Ask Yunus Ibn Abd al-Rahman.”3
5. Ishaaq Ibn Yaqub says that I asked Muhammad Ibn
Usmaan al-Amri (r.a.), the second special deputy of Hazrat
Imam-e-Zamana (a.t.f.s.): Is there any letter for me from

1
Wasaael al-Shiah, vol. 27, p. 142, H. 23
2
Wasaael al-Shiah, vol. 27, p. 146, H. 27
3
Wasaael al-Shiah, vol. 27, p. 148, H. 34
40 ............................................................................................ Fiqh
Imam (a.s.)? I had asked some questions to Imam (a.s.)
which were difficult for me. At that time, there came a
Tauqee from Imam (a.s.) on which it was written:
“May Allah guide you and grant you steadfastness.
َ‫ﺎرﺟ ُﻌ ْﻮا ِﻓ ْﳱَﺎ ا َﱃ ُر َوا ِة َﺣﺪ ْﻳﺜﻨﺎ‬
ْ َ ُ َ َ ْ ُ َ َ ْ َّ َٔ َ
ِ ِ ِٕ ِ ‫و اﻣﺎ اﳊﻮا ِدث اﻟﻮا ِﻗﻌﺔ ﻓ‬
ُ َّ ُ َ َٔ َ ْ ُ ْ َ َ َّ ُ ْ ُ َّ َ
.‫ﷲ‬ ِ ‫ﲩﺔ‬ Õ‫ﱴ ﻋﻠﻴﲂ و ا‬ ْ ِ ‫ﻓ ِٕﺎﳖﻢ ﲩ‬
“And when new events occur (whose rulings are not
known to you), then refer to the narrators of our
traditions (so that they may inform you the ruling
based on our traditions) for surely they are my proofs
upon you and I am Allah’s proof.”1
By reflecting over these traditions, it is clear that when it is not
possible to approach the Infallible Imam (a.s.), we should refer to
those who possess religious knowledge in the light of traditions of
Infallible Imams (a.s.) and are aware of their solutions. Isn’t it
evident that the system of Taqleed existed even during the time of
previous Imams (a.s.)? Now let us consider the above tradition.
Those who do not refer to scholars, who solve religious problems
in the light of traditions, and instead acquire their religion from
others and turn to them for verdicts have been reprimanded by
Imam Ja’far Sadiq (a.s.) as we will see in the next tradition.
6. Umar Ibn Hanzala narrates that I asked Imam Ja’far Sadiq
(a.s.) concerning two of my friends. There was a dispute
between them related to loan and inheritance. They
presented their case in the court of the king or a judge. Is it
right?

1
Wasaael al-Shiah, vol. 27, p. 140, H. 9
Fiqh ............................................................................................ 41
He (a.s.) replied:
If anyone goes to their court concerning right or
wrong it is as if he has gone to the court of Taghoot
(Shaitaan) and accepting their verdict is forbidden
even if it is his right. This is because he has taken it as
per the verdict of Taghoot whereas Allah the Almighty
has commanded to reject them. Allah says ‘They desire
to summon one another to the judgment of the Shaitan,
though they were commanded to deny him’.1
I said: Then what should they do?
He (a.s.) replied: Look at the one who narrates our traditions
among you, has an eye over our obligatory and forbidden and is
aware of our laws. It is necessary for them to take such a person as
their judge. Certainly, I have made him a judge over you. When he
decides as per our commands and they do not accept it then they
have taken Allah’s command lightly, rejected our word and
rejecting our word is like rejecting the word of Allah and this is
Shirk (polytheism).2
It is evident from this tradition that it is the responsibility of the
lovers of Ahle Bait (a.s.) to refer to those who have thorough
knowledge of the verdicts of Ahle Bait (a.s.). Imam (a.s.) did not
say that people should approach him rather they should approach
those who are aware of the laws of Ahle Bait (a.s.). Is Taqleed
anything other than this?
The martyrdom of Hazrat Imam Hasan al-Askari (a.s.) marks the
beginning of the minor occultation of Hazrat Wali-e-Asr (a.t.f.s.).

1
Surah Nisaa (4): 60
2
Wasaael al-Shiah, vol. 27, p. 136-137, H. 1
42 ............................................................................................ Fiqh
Imam (a.t.f.s.) appointed a series of four deputies in his minor
occultation so that they form a medium between people and him
and people turn towards them during their problems and
difficulties. The four special deputies were as follows:
1. Usman Ibn Saeed al-Amri (r.a.) (expired before 267 A.H.)
2. Muhammad Ibn Usman Ibn Saeed al-Amri (r.a.) (expired in
305 A.H.)
3. Husain Ibn Rauh Naubakhti (r.a.) (expired in 326 A.H.)
4. Ali Ibn Muhammad Seymouri (r.a.) (expired in 329 A.H.)
All of them lived in Baghdad. They used to appoint a respected
person in different cities, where Shias lived, as their
representatives. For example, Ahmed Ibn Ishaaq in Qum,
Muhammad Ibn Ibrahim Ibn Mahziyar in Ahwaaz, Qasim Ibn
A’laa in Azerbaijan, Muhammad Ibn Saleh in Hamadaan.
The minor occultation came to an end with the demise of the fourth
deputy marking the onset of the major occultation. During the
major occultation (which continues till today), Imam (a.t.f.s.) has
not appointed anyone as his special deputy (who can communicate
with him directly). During the time of the previous Imams (a.s.),
Shias who stayed in far off places and could not meet Imam (a.s.),
on Imam’s (a.s.) instructions consulted the scholars and narrators
of traditions. These eminent people solved the religious problems
in the light of traditions only and not on the basis of their personal
views and opinions. Nowadays, such scholars are terminologically
called as ‘General Deputies’ of Imam (a.s.) because there is no
proof of any of them being the special deputy of Imam (a.s.).
Referring to these scholars for religious problems is the
responsibility of all Shias.
 Chapter 5
Protectors and Defenders of Shariah
The preparations commenced at the time of Hazrat Imam Ali Naqi
(a.s.) and arrangements were made for Shias in order to answers
their religious queries from special representatives appointed by
the Imam (a.s.) incase direct meeting with the Infallible Imam
(a.s.) was not possible. Until the minor occultation these
representatives were appointed by clearly naming each one in the
group but during the time of major occultation Imam-e-Zamana
(a.t.f.s.) has given this responsibility to the jurists with prescribed
qualities. Since that day, no period has passed without the
leadership of these responsible jurists. Given below is a list of
names along with the year of demise and the books complied by
these jurists:
Year of
Name of the Jurist Demise Book
(AH)
1. Muhammad bin َ َْ
329 ‫اﻟﲀ ِﰲ‬
Yaqoob Kulaini
2. Ali bin Husain
Babwayh (Saduq al-
329
َ َّ ‫ِﻋﻠَ ُﻞ‬
ِ‫اﻟﴩاﺋِﻊ‬
Awwal or the First
Saduq)
44 ............................................................................................ Fiqh
َ ٓ َ ُ ّ َ َ ُ َْ
3. Husain bin Ali bin
329 ‫ﮏ ِﲝَ ْﺒﻞ ا ِل اﻟ ّﺮ ُﺳ ْﻮ ِل‬ ‫اﻟﻤﺘﻤ ِﺴ‬
Aqeel Omany
َ َ ّ
4. Muhammad bin ‫اﻟﺸ ْﻴ َﻌ ِﺔ ِﻻ ْﺣﲀ ِم‬ ِ ‫ﺐ‬ ُ ‫ﲥ ِﺬ ْﻳ‬ َْ
َّ
‫اﻟﴩ ْﻳ َﻌ ِﺔ‬
Ahmed bin Junaid 365
Askaafi ِ
5. Muhammad bin Ali
َ َْ ُ ُُ َْ َ ْ َ
Babwayh Qummi 381 ‫ﴬە اﻟﻔ ِﻘ ْﻴﻪ‬ ‫ﻻﳛ‬a
(Shaikh Saduq)
6. Muhammad bin
ْ َْ
Muhammad bin
413 ‫اﻟ ُﻤﻘ ِﻨﻌﻪ‬
No’man (Shaikh
Mufeed)
،‫ت‬D‫اﻟﻨﺎﴏ‬ ُ ‫ﺼ‬
،‫ﺎر‬ َ ‫َا ْﻻ ْﻧ ِﺘ‬
7. Ali bin Husain ِ
َ ُ َ ّ
Musa (Syed Murtaza)
436
‫اﻟﴩ ْﻳ َﻌ ِﺔ‬
ّ
‫ل‬ ْ ‫َاﻟﺬ ِر ْﻳ َﻌﺔ ِا ٰﱄ ا ُﺻ‬
‫ﻮ‬
ُ
ِ ِ
8. Taqiuddin bin ْ ْ َ َْ
Najmuddin (Abu Slah 447 ِ‫اﻟﲀ ِﰲ ِﰲ اﻟ ِﻔﻘﻪ‬
Halabi)
َ َ ُ َ َ ْ ُ ِ َ َ َْ
9. Hamza bin Abdul ‫اﰟ اﻟ َﻌﻠ ِﻮ ّﻳﺔ ِﰲ ا ْﺣﲀ ِم‬ ‫اﻟﻤﺮ‬
َ َّ
‫اﻟﻨ َﺒ ِﻮ ّﻳ ِﺔ‬
448
Aziz Daylami
َ َْ ُ ‫ﲥ ِﺬ ْﻳ‬ َْ
، ‫اﻻ ْﺣﲀ ِم‬ ‫ﺐ‬
10. Muhammad bin َْ ُ َ ْ ْ َْ
Hasan Tusi (Shaikh 460 ،‫اﻟ َﻤ ْﺒ ُﺴ ْﻮ ُط‬،‫ﺎر‬ ‫ا ِﻻﺳ ِﺘﺒﺼ‬
ُ ْ ُ َّ ُ َ ْ َ
‫اﳋِﻼف ِﻋﺪۃ اﻻ ُﺻ ْﻮ ِل‬
Tusi)

َ
11. Abdul Aziz bin
481
ُ‫َا ْﻟ ُﻤ َﻬ ّﺬب‬
Barraj Tarabalsi
12. Hasan bin ُ َْ
515 ‫ﴍح اﻟﳯﺎﻳﺔ از ﺷﻴﺦ ﻃﻮﳻ‬
Muhammad Tusi
Fiqh ............................................................................................ 45
(Abu Ali Tusi)
َ َ ْ ُ َٓ
13. Qutbuddin
573 ‫ت اﻻ ْﺣﲀ ِم‬ D‫ا‬
Rawandi
14. Hamzah bin Ali
ُ ُّ ‫ُﻏﻨ َّﻴ ُﺔ‬
ِ‫اﻟﲋ ْوع‬
bin Zuhra (Syed Abul 585 ِ
Makarim ibn Zuhra)
15. Muhammad bin َ َْ َ ُ َْ
Ali bin Hamza (Ibne 560 ‫اﻟ َﻮ َﺳﺎ ِﺋﻞ ِا ٰﱄ ﻧ ْﻴ ِﻞ اﻟﻔﻀﺎ ِﺋ ِﻞ‬
Hamza)
16. Muhammad bin
598 ‫ﴪا ِﺋ ُﺮ‬ َ َّ ‫َاﻟ‬
Idrees Hilli
ُ ْ ‫اﻻ ْﺣ َﺰان َو ُﻣ ِﻨ‬ َْ ُْ َ
‫ﲑ ُﺳ ُﺒ ِﻞ‬
17. Najibuddin
Muhammad bin Ja’far ِ ‫ﻣ ِﺴﲑ‬
bin Hibtullah bin
645
‫ﺎن‬ َ ْ ‫اﻻ‬
‫ﴭ‬
َْ
Numa Hilli
ِ
18. Sayyed Ahmed ُ ْ ‫ َا َّﻟﺘ ْﺤﺮ‬، ‫ﲔ‬
œ َ ْ ‫ﺑُ ْﴩ ٰی ْاﻟ ُﻤ َﺤ ِّﻘ ِﻘ‬
ِ
bin Musa bin Ja’far 673 ُ َّ
(Tawoos Hilli) ‫اﻟﻄﺎﺋﻮو ِﳻ‬
‫ﴫ‬ُ َ ‫ ُﳐْ َﺘ‬،‫اﻻ ْﺳ َﻼ ِم‬ ْ ُ ََ
ِ ‫ﴍا ِﺋﻊ‬
ُ ُ َْ َّ
19. Ja’far bin Hasan
676 ‫ اﻟ َﻤ َﻌﺎ ِرج ِﰲ ا ُﺻ ْﻮ ِل‬،‫اﻟﻨﺎ ِﻓ ُﻊ‬
Ali (Muhaqiq Hilli)
ْ ْ
‫اﻟ ِﻔﻘ ِﻪ‬
َ َّ ‫َا ْﳉَﺎ ِﻣ ُﻊ‬
20. Yahya bin Saeed
Hilli (Yahya bin 690 ‫اﻟﴩاﺋِ ُﻊ‬
Saeed)
21. Hasan bin Abi
ُّ ُ ْ َ
Talib Aabi (Fazil 672 ‫اﻟﺮ ُﻣ ْﻮ ِز‬ ‫ﮐﺸ ﻒ‬
Aabi)
46 ............................................................................................ Fiqh
ُ َ َْ َْ ّ َُ ُ
‫ﴫۃ‬ ِ ‫ ﺗﺒ‬،‫اﻟﺸﻴﻌ ِﺔ‬ ِ ‫ﳐْ َﺘﻠﻒ‬
َُْ ُ َْ َْ َّ َُْ
22. Hasan bin Yusuf ،‫ ﺗﺬﮐِ َﺮۃ اﻟﻔﻘ َﻬﺎ ِء‬،‫ﲔ‬ ‫اﻟﻤﺘﻌ ِﻠ ِﻤ‬
Ali bin Mutahhar 726 ْ َ ،‫اﻻ ْذ َﮬﺎن‬
ُ ‫ﲥ ِﺬ ْﻳ‬ َْ ُ َ ْ
Hilli (Allamah Hilli) ‫ﺐ‬ ِ ‫ِارﺷﺎد‬
ُ ْ ْ ْ
‫اﻟ ُﻮ ُﺻ ْﻮ ِل ِا ٰﱄ ِﻋﻠ ِﻢ اﻻ ُﺻ ْﻮ ِل‬
23. Muhammad bin
ُ َْ
Husain bin Yusuf Ali ‫ﺎﺷ َﻴﺔ‬
ِ ‫ َﺣ‬،‫اﻳﻀﺎح اﻟﻔ َﻮا ِﺋ ِﺪ‬
bin Mutahhar Hilli 771
‫ﺎن‬ َ َْْ َ ْ
(Fakhrul ِ ‫ِارﺷﺎ ِد اﻻذﮬ‬
Muhaqeqeen)
ْ َُ ْ ّ
‫ ِذﮐﺮ ٰی‬،‫اﻟﺪ ِﻣﺸ ِﻘ ّﻴﺔ‬ ِ ‫اﻟﻠﻤﻌﺔ‬
ُ َ ْ َّ ُ
ُ ُْ ّ َ َْ ّ
24. Muhammad bin ،‫اﻟﴩﻳﻌﺔ‬ ِ ‫ اﻟﺪروس‬،‫اﻟﺸﻴﻌ ِﺔ‬ ِ
Makki Ameli 786
ُ ‫َﻏﺎﻳَﺔ‬
ْ َ ‫اﻟﻤ َﺮا ِد ِﰲ‬ ُ
(Shaeede Awwal) ‫ﴍ ِح ﻧﮑﺖ‬
َ ْ
‫اﻻ ْرﺷﺎ ِد‬ ِ
25. Jamaluddin ٓ ُْ ْ َْ ْ َُْ
Miqdaad bin ،‫ﺎن ِﰲ ِﻓﻘ ِﻪ اﻟﻘ ْﺮا ِن‬
ِ ‫ﮐﲋا ﻟ ِﻌﺮ‬
‫ﻓ‬
826
Abdullah Meysuri ‫اﻟﺘﻨﻘﻴﺢ اﻟﺮاﺋﻊ‬
Hilli (Fazil Miqdaad) َّ ْ َ
26. Ahmed bin ‫اﻟ ُﻤ َﻬﺬ ُب اﻟﺒﺎرع ِﰲ ﳐﺘﴫ‬
841
Fahade Hilli ‫اﻟﻨﺎﻓﻊ‬
َ ْ ُ َ
27. Ali bin Husain bin ِ ‫ﺟﺎ ِﻣﻊ اﻟ َﻤﻘ‬
‫ اﻟﺮﺳﺎﻟﺔ‬،‫ﺎﺻ ِﺪ‬
Abdul Aali Karki 940 َّ َ َ ْ
(Muhaqiq Karki) ‫اﳋﺮا ِﺟﻴ ِﺔ‬
28. Zainuddin bin Ali ُ ‫ َﻣ َﺴﺎﻟ‬،‫اﻟﺮوﺿﺔ اﻟﳢﻴﺔ‬
‫ﮏ‬
965 ِ
Jamee’i Aameli
Fiqh ............................................................................................ 47
(Shaheed-e-Sani) ،‫ﺎن‬ ‫ﻨ‬َ ‫ َر ْو ُض ْاﳉ‬،‫اﻻ ْﻓ َﻬﺎم‬ َْ
ِ ِ ِ
َْ ُ َ
‫ﲤْ ِﺤ ْﻴﺪ اﻟﻘ َﻮا ِﻋ ِﺪ‬
َْ ُ َْ ْ ُ َْ
29. Hasan bin Abdul ‫ﴍح اﻟﻘ َﻮا ِﻋ ِﺪ‬ ،‫ﴍح اﻟﻔﻴﻪ‬
984 َ َْ
Samad Aameli ‫اﻻ ْﺣﲀ ِم‬
‫ت‬D
ٓ
ِ ‫ﺎن ِﰲ ا‬ ‫ﻴ‬َ ‫َز ْﺑ َﺪ ُۃ ْاﻟ َﺒ‬
ِ
30. Ahmed bin ََ ْ ُ َ ْ َ َ َْ
Muhammad Ardabeli 993 ‫ ﳎﻤﻊ اﻟﻔﻮا ِﻋ ِﺪ‬،‫اﻻ ْﺣﲀ ِم‬
(Muhaqiq Ardabeli) َ ْ ُ ْ َ
‫ﺎن‬
ِ ‫واﻟﱪﮬ‬
ُ َ َْ ُ َ َ
‫ ِﳖَﺎﻳَﺔ‬،‫ک اﻻ ْﺣﲀ ِم‬
31. Sayyed
Muhammad bin Ali ‫ﻣﺪا ِر‬
1009 ْ
Musawi (Sahebul ‫ام‬ِ ‫اﻟ َﻤ َﺮ‬
Madarek)
32. Hasan bin ُ َََْ ْ ّ ُ ِ ‫َﻣ َﻌ‬
Zainuddin bin Ali ‫ و◌ﻣﻼذ‬¥ِ ‫اﻟﺪ‬
ِ ‫ﺎﱂ‬
Ameli (Sahebul
1011 َ ْ ‫ْاﻟ ُﻤ ْﺠ َﳤﺪ‬
¥ ِ ِ
Maalim)
ُ َ ْ
‫َﺣ ْﺒﻞ‬ ِ ‫اﻟ َﻌ ّﺒ‬ ‫َﺟﺎ ِﻣ ُﻊ‬
33. Muhammad bin
Husain bin Abdul ،‫ﺎﳻ‬
Samad Haresi Ameli
1031
‫ﲔ‬ ْ ‫ْاﻟ َﻤﺘ‬
ِ ِ
(Shaikh Bahai)
ُ َ َُ َ
34. Syed Alauddin ‫ﺎﺷ َﻴﺔ‬ِ ‫ﺣ‬َ ،‫ﺔ‬ِ َ ‫ﴍ ِح ﻟ ْﻤ‬
‫ﻌ‬ ْ ‫ﺎﺷﻴﺔ‬ ِ ‫ﺣ‬
َ َُْ ُ َ َ ْ
Husain bin Rafiuddin
Husaini Ameli
1062 ‫ﻒ‬ ِ ‫ﺎﺷﻴﺔ ﳐﺘﻠ‬ ِ ‫ ﺣ‬،‫ﺎﱂ‬ ِ ِ ‫اﻟ َﻤ َﻌ‬
(Sultanul Ulema) ‫ﻋﻼﻣﻪ‬
َ
35. Muhammad Taqi
1070 ‫ﺐ‬ َ
ِ ‫ﺻﺎ ِﺣ‬ ‫ﻟ َﻮا ِﻣ ُﻊ‬
Majlisi (Majlisi-e-
48 ............................................................................................ Fiqh
Awwal) َ ْ ‫ْاﻟ ُﻤ َّﺘ ِﻘ‬
،‫ﲔ‬
ُ َ
‫ر ْوﺿﺔ‬،َ ‫اﻟﻘ َﺮ ِاﱏ‬
َْ

‫ﲔ‬َ ْ ‫َﺣ ِﺪ ْﻳ َﻘ ُﺔ ْاﻟ ُﻤ َّﺘ ِﻘ‬

ْ َُْ َ ْ ْ َُ َ
36. Muhammad Baqir ‫ﲑۃ اﻟ َﻤﻌﺎد‬ ‫ذ ِﺧ‬،‫ﮐِﻔﺎﻳﺔ اﻟ ِﻔﻘ ِﻪ‬
Sabzwari (Muhaqiqe 1090 َ ْ ِ َْ
Sabzwari) ‫اﻻ ْرﺷﺎ ِد‬ ِ ‫ِﰲ ﴍح‬
37. Mohsin bin َْ َ َّ ‫َﻣ َﻔﺎ ِﺗ ْﻴ ُﺢ‬
Murtaza Kashani 1091 ‫ اﻟ َﻮ ِاﰲ‬، ِ‫اﻟﴩا ِﺋﻊ‬
(Faiz Kashani)
38. Husain bin
َ َ ‫َﻣ َﺸﺎر ُق ْاﻟ ُّﺸ ُﻤ ْﻮ ِس ِﰲ‬
‫ﴍح‬
Jamaludin ِ
Muhammad 1098 ُّ
Khwansari (Muhaqiq ‫اﻟﺪ ُر ْو ِس‬
Khwansari)
ّ ُ َْ
‫اﻟﺸ ْﻴ َﻌ ِﺔ ِا ٰﱄ‬ ِ ‫ﺼ ْﻴﻞ َو َﺳﺎ ِﺋ ِﻞ‬
39. Muhammad bin
Hasan Hurr al-Aameli ِ ‫ﺗﻔ‬
1104 َ‫اﻟﴩ ْﻳﻌ ِﺔ‬ َّ َ َ ْ ْ َ
(Shaikh Hurr al-
ِ ‫ﺼﻴ ِﻞ ﻣﺴﺎ ِﺋ ِﻞ‬ ِ ‫ﲢ‬
Aameli)
ُُْ ُ َ َْ ْ
،‫ ِﻣﺮاۃ اﻟﻌﻘﻮ ِل‬،‫ا ِر‬úَ ‫ِﲝَﺎ ُر اﻻ‬
ْ
40. Muhammad Baqir
bin Muhammad Taqi
1111 َْْ ُ َ
Majlisi (Majlisi-e- ‫َﻣﻼذاﻻﺧ َﺒﺎ ِر‬
Duwwum)
ُ َ َُ َ
‫ﺎﺷ َﻴﺔ‬ َ ْ
41. Muhammad bin
ِ ‫ﺣ‬ ، ‫ﻟﻤﻌﻪ‬ ‫ح‬ ِ ‫ﴍ‬ ‫ﺎﺷﻴﺔ‬ ِ ‫ﺣ‬
Husain Jamaludin
1121 َ ْ ََ
Khwansari (Aqa ‫اﻻ ْﺳﻼ ِم‬ ِ ِ‫ﻊ‬ ‫ﺋ‬
ِ ‫ا‬ ‫ﴍ‬
Jamaal Khwansari)
42. Muhammad bin َ ْ ‫َﮐ ْﺸ ُﻒ اﻟﻠﺜﺎث َو‬
Hasan bin ِ ‫اﻻ ْﲠ‬
‫ﺎم‬ ِ
1137 َ َْ َ ْ َ
Muhammad bin ‫[ ﻗ َﻮا ِﻋ ِﺪ اﻻ ْﺣﲀ ِم‬
Isfahani (Fazil Hindi)
Fiqh ............................................................................................ 49
َ َ ُ َّ ُ َ َ ْ َ
43. Yusuf bin Ahmed ‫ﺎﻇ َﺮۃ ِﰲ ا ْﺣﲀ ِم‬ ِ ‫اﻟﻨ‬ ‫اﳊﺪاﺋﻖ‬
Bahrani (Shaykh 1186 َّ َ ْ ْ
Yusuf Bahrani) ‫اﻟﻄﺎ ِﻫ َﺮ ِۃ‬ ‫اﻟ ِﻌﱰ ِۃ‬
44. Muhammad Baqir َ َّ ‫ﴍ ُح َﻣ َﻔﺎ ِﺗ ْﻴﺢ اﻟ‬
، ِ‫ﴩا ِﺋﻊ‬ َْ
َّ ِ َ
bin Muhammad
1206 َ
Akmal Behbahani ‫ﻓﻴﺾ ﻓ َﻮا ِﺋ ِﺪ اﳊﺎﺋِ ِﺮﻳ ِﺔ‬
(Waheed Behbahani)
َ َ ّ ُ َُْ
‫اﻟﺸ ْﻴ َﻌ ِﺔ ِﰲ ا ْﺣﲀ ِم‬ ِ ‫ﻣﻌﺘ ِﻤﺪ‬
45. Muhammad َ َْ َ َّ
Mahdi Naraqi (Mulla 1209 ‫ ﻟ َﻮا ِﻣ ُﻊ اﻻ ْﺣﲀ ِم ِﰲ‬، ‫اﻟﴩ ْﻳ َﻌ ِﺔ‬ ِ
Mahdi Naraqi) َ ْ ْ َْ َ ْ
‫اﻻﺳﻼ ِم‬ ِ ‫ﴍﻳﻌ ِﺔ‬ ِ ‫ِﻓﻘ ِﻪ‬
46. Syed Muhammad
ْ ْ َْ
Mahdi Bahr al-Uloom
1212 ‫اﻟ َﻤ َﺼﺎ ِﺑﻴﺢ ِﰲ اﻟ ِﻔﻘ ِﻪ‬
(Allamah Behr al-
Uloom)
47. Ja’far bin Khizr ُ ‫َﮐ ْﺸ ُﻒ ْاﻟ ِﻐ َﻄﺎﺋﻦ ﺧﻔﻴﺎ‬
‫ت‬
Kashifal Ghita
1228 ْ ِ َ ْ َّ ُ َ ْ ُ
(Shaikh Ja’far ‫اﻟﴩﻳﻌ ِﺔ اﻟﻐﺮاء‬
ِ ‫ﳢﻤﺎت‬ ِ ‫ﻣ‬
Kashifal Ghita)
48. Syed Mohsin
ْ ُ ُ ْ ُ ْ ُ ْ َ َْ
Aeraji Kazmi 1230 ‫اﻟﻤﺤﺼﻮل ِﰲ اﻻﺻﻮ ِل‬
(Muhaqiq Kazmi)
49. Syed Ali bin
‫ﺎن‬ َ ‫ ُض ْاﻟ َﻤ َﺴﺎﺋِﻞ ِﰲ َﺑ‬Dَ ‫ِر‬
‫ﻴ‬
Muhammad ِ ِ
1231 َ َّ َ َْ
Tabatabai (Sahebur ‫اﻻ ْﺣﲀ ِم …ﻟﺪﻻ ِﺋ ِﻞ‬
Riyaz)
َ ْ ُ ْ َ َ َْ
50. Abul Qasim bin ‫ َﺟﺎ ِﻣ ُﻊ‬،‫ﲔ اﻟ ُﻤ ْﺤﮑ َﻤ ِﺔ‬ ‫اﻟﻘﻮا ِﻧ‬
َ َْ َ ّ
،‫ َﻣ َﻨﺎ ِﮬ ُﺞ اﻻ ْﺣﲀ ِم‬،‫ﺎت‬
Muhammad Hasan 1231
Jilani Qummi (Mirza ِ ‫اﻟﺸﺘ‬ ِ
50 ............................................................................................ Fiqh
ََ ْ َ
Qummi) ‫ ِم‬Dّ ‫ﻏ َﻨﺎﺋِ ُﻢ اﻻ‬
51. Sayyed َ ‫ﺎح ْاﻟ َﮑ َﺮ‬
‫اﻣ ِﺔ ِﰲ ﴍح‬
ُ َْ
‫ِﻣﻔﺘ‬
Muhammad Jawad
َ ْ َ
‫ﻗ َﻮا ِﻋ ِﺪ اﻟ َﻌﻼ َﻣ ِﺔ‬
1226
Ameli (Sahebal
Miftahal Karamah)
ْ‫[ ُو ُﺟﻮ ِە‬ْ َ ‫َﮐ ْﺸ ُﻒ ْاﻟ َﻘ َﻨﺎ ِع‬
َ ِ َ‫اﻻ ْﲨ‬ ْ َّ ُ
52. Asadullah Tustari 1234 ‫ َﻣﻘﺎ ِﺑ ُﺲ‬،‫ﺎع‬ ِ ‫ﺔ‬ِ ‫ﻴ‬ ‫ﲩ‬
َْ ْ
‫ا ِر‬úَ ‫اﻻ‬
53. Syed Muhammad ْ ُْ َ
bin Syed Ali 1242 ‫َﻣﻔﺎ ِﺗ ْﻴ ُﺢ اﻻ ُﺻ ْﻮ ِل اﻟ َﻤ َﻨﺎ ِﻫ ِﻞ‬
Tabatabai
َ ََ َّ َ ْ ُ
54. Ahmed bin Mahdi ‫ﺎن ﻗ َﻮا ِﻋ ِﺪ‬ ِ ‫ ِم ِﰲ ﺑﻴ‬D‫ﻋﺪا ِﺋﺪ اﻻ‬
Narraqi (Mulla 1245 َ َْ
Ahmed Narraqi) ‫اﻻ ْﺣﲀ ِم‬
َ َْ َ ْ ُ ْ َ َ َْ
55. Syed Abdul
1250 ‫ ِﰲ اﻟﻘ َﻮا ِﻋ ِﺪ اﻟﻔ ِﻘ ّﻴ ِﺔ‬¥ ‫اﻟﻌﻨﺎ ِو‬
Fattah Maraagi
56. Muhammad Taqi
َ ْ ‫ﱰ ِﺷﺪ‬
ْ َ ُْْ َُ َ
bin Abdu Rahim 1248 ¥ ِ ‫ِﮬﺪاﻳﺔ اﻟﻤﺴ‬
Tehrani Isfahani
57. Muhammad bin
Husain bin ُ َّ َ َ ْ ُ ْ ُ ُ ْ َ
1255 ‫اﻟﻔﺼﻮل اﻟﻐﺮ ِوﻳﺔ‬
Abdurrahim (Sahebul
Fusool)
ْ َ ‫! ِم ِﰲ‬ َ َْ ُ ََ
58. Muhammad bin ‫ﴍ ِح‬ ‫ﺟﻮا ِﻫﺮ اﻟ‬
Hasan Najafi 1266 َ ْ ََ
(Sahebul Jawahir) ‫اﻻ ْﺳﻼ ِم‬
ِ ِ‫ﴍا ِﺋﻊ‬
َ َْ ُْ ُْ ُ ََ
59. Murtaza bin 1281 ‫ﺐ‬ ِ ‫ﺳ‬
ِ ‫ﲀ‬ ‫ﻓﺮا ِﺋﺪ اﻻﺻﻮ ِل اﻟﻤ‬
Fiqh ............................................................................................ 51
Muhammad bin
Ameen Ansari
(Shaikh Aazam
Ansari)
60. Sayyed
Muhammad Husain ٌ œَ ْ ‫َﺗ ْﻘﺮ‬
‫ات‬
Shirazi (Mirza
1312 ِ
Shirazi)
َ َْ ََ َُ َ
61. Habibullah Rashti 1312 ‫ﺐ‬ ِ ِ ‫ اﻟﻤ‬Ì ‫ﺎﺷﻴﺔ‬
‫ﺳ‬ ‫ﲀ‬ ِ ‫ﺣ‬
َْ َْ َْ َ
62. Muhammad ‫ﴍ ِح اﻟﻔ َﺮا ِﺋ ِﺪ‬ ‫ْﲝ ُﺮ اﻟﻔ َﻮا ِﺋ ِﺪ ِﰲ‬
1319 َ َْ ُ َ
Husain Ashtiyani ‫ﺎب اﻟﻘﻀﺎ ِء‬ ‫ ﮐِﺘ‬،
ُ َْ ُ َ ْ
‫ﺎﺷ َﻴﺔ‬ َ
63. Reza bin ْ
Muhammad Hadi ِ ‫ﺣ‬ ، ِ
‫ﻪ‬ ‫ﻴ‬ ‫ﻘ‬ ِ ‫ِﻣﺼﺒﺎح اﻟ‬
‫ﻔ‬
1322 ُْ َ
Hamadani (Muhaqiqe ‫ﻓ َﺮا ِﺋ ِﺪ اﻻ ُﺻ ْﻮ ِل‬
Hamadani)
ُ ُْ َُ َ
64. Muhammad ‫ﺎﺷ َﻴﺔ‬ ِ ‫ﺣ‬َ ، ‫ل‬ ْ
ِ ‫ﮐِﻔﺎﻳﺔ اﻻ‬
‫ﻮ‬ ُ
‫ﺻ‬
ُ ُْ َ
Kazim bin Husain
1329 ‫ﺎﺷ َﻴﺔ‬ ِ ‫ َﺣ‬،‫ﻓ َﺮا ِﺋ ِﺪ اﻻ ُﺻ ْﻮ ِل‬
Khurasani Harwi
َ َْ
(Aakhund Khurasani) ‫ﺐ‬ ِ ‫ﺳ‬
ِ ‫ﲀ‬ ‫اﻟﻤ‬
ُ ْٰ ْ ُ ُ َْ
‫ﺎﺷ َﻴﺔ‬ ِ ‫ َﺣ‬،ˆ‫اﻟﻌ ْﺮ َوۃ اﻟ ُﻮﺛ‬
65. Sayyed
Muhammad Kazim
1337 َ َْ
Tabatabai Yazdi ‫ﺐ‬ ِ ‫ﺳ‬ ِ ‫ﲀ‬ ‫اﻟﻤ‬
(Sahebul Urwah)
66. Muhammad Taqi َ َْ َُ َ
1338 ‫ﺐ‬ ِ ‫ﺳ‬ ِ ‫ﲀ‬ ‫ﺎﺷﻴﺔ اﻟﻤ‬ ِ ‫ﺣ‬
Shirazi
67. Fathullah bin
1339 ‫ﴐ َار‬ َ ِ ‫ﴐ ِر َو َﻻ‬ َ َ ‫َﻗﺎ ِﺋ َﺪ ُۃ ﻻ‬
Muhammad Jawad
52 ............................................................................................ Fiqh
Isfahani (Shaikhush
Shariyah)
ُ ْ ٌَ
68. Muhammad ،‫ِر َﺳﺎﻟﺔ ِﰲ اﻟﻠﺒﺎس َﻣﺸﮑ ْﻮ ٍک‬
Husain Naeni (Mirza 1355
‫ات‬ٌ œَ ْ ‫َﺗ ْﻘﺮ‬
Naeni) ِ
69. Shaykh Abdul
Karim bin
ُْ َْ ُ
Muhammad Ja’far
1355 ‫د َر ُر اﻟﻔ َﻮا ِﺋ ِﺪ ِﰲ اﻻ ُﺻ ْﻮ ِل‬
Yazdi Haeri Qummi
(Muassis hawze
ilmiya Qum)
70. Ziauddin Iraqi
1361
َ ْ ‫ﴫ ِۃ ْاﻟ ُﻤ َﺘ َﻌ ِّﻠ ِﻤ‬
‫ﲔ‬ َ ِ ‫ﴍ ُح َﺗ ْﺒ‬
َْ
(Muhaqiq Iraqi)
71. Muhammad
ّ َُ َ
Husain Isfahani 1361 ‫اﻟﺪ َراﻳَ ِﺔ‬
ِ ‫ِﳖﺎﻳﺔ‬
(Muhaqiq Isfahani)
72. Sayyed Abul َ َّ ُ َ ْ َ
1365 ‫و ِﺳﻴﻠﺔ اﻟﻨﺠﺎ ِۃ‬
Hassan Isfahani
73. Muhammad َّ ْ ْ َ
Husain Aal Kasheful 1373 ‫ اﻟ ُﻤ َﺠﻠ ِﺔ‬œ
ُ ْ ‫ﲢﺮ‬
ِ
Ghitaa
ّ
‫اﻟﺸ ْﻴ َﻌ ِﺔﰲ‬ ْ َ ُ
74. Syed Husain ِ ‫ﺚ‬ ِ ‫َﺟﺎ ِﻣﻊ ا َﺣﺎ ِدﻳ‬
َّ َ َْ
‫اﻟﴩ ْﻳ َﻌ ِﺔ‬
1380
Burujerdi
ِ ‫اﺣﲀ ِم‬
َ ْ ُ ّ ََُ
‫ َﺣﻘﺎ ِﺋ ُﻖ‬،‫ﮏ اﻟ ُﻌ ْﺮ َو ِۃ‬ ‫ﻣﺘﻤ ِﺴ‬
75. Syed Mohsin bin
،‫ﳖ ُﺞ اﻟﻔﻘﺎﮬﺔ‬ ْ َ ،‫ْاﻻُ ُﺻ ْﻮل‬
Mahdi Tabatabai 1390 ِ
Hakim َ ْ ‫ﺎﳊ‬ َ ّ ‫ﺎج‬ ُ َْ
‫ﲔ‬ ِ ِ ‫اﻟﺼ‬ ‫ِﻣﳯ‬
Fiqh ............................................................................................ 53

76. Syed Ruhullah ُ ْ ‫ﲢﺮ‬

œ ْ َ ،‫ﺐ ْاﻟ ُﻤ َﺤ َّﺮ َﻣ ِﺔ‬ ُ ‫اﻟ َﻤ َﲀ ِﺳ‬
ِ
َ ْ
‫اﻟ َﻮ ِﺳ ْﻴﻠ ِﺔ‬
Moosawi Khomeini 1409
(Ayatullah Khomeini)
‫ﺎن ِﰲ‬ ُ ‫ َا ْﻟ َﺒ َﻴ‬،‫ات‬ َْ ُ َ
ِ œَ ْ ‫ا ْﺟ َﻮد اﻟ ّﺘﻘ ِﺮ‬
ٓ ُْ ْ َْ
77. Syed Abul Qasim ‫ ُﻣ ْﻌ َﺠ ُﻢ‬،‫ﲑ اﻟﻘ ْﺮا ِن‬ ِ ‫ﺗﻔ ِﺴ‬
Moosawi al-Khoei
1413
‫ات‬ُ œَ ْ ‫ َﺗ ْﻘﺮ‬،‫ﺚ‬ ْ ‫ر َﺟﺎل ْاﳊَﺪ‬
‫ﻳ‬
ِ ِ ِ ِ ِ
ُ ْ ْ ْ ُ
‫د ُر ْو ِس اﻟ ِﻔﻘ ِﻪ َو اﻻ ُﺻ ْﻮ ِل‬
78. Syed Muhammad
Raza Al-Moosawi 1414
Gulpaygani
79. Shaikh Ali Araqi 1415

Clearly right from the start of the major occultation till the present
there has always been a chain of scholars and noble jurists
researching Islamic laws. The glory and prestige with which this
system has prevailed is in itself an indication of Allah’s Grace and
Insha Allah it will continue to flourish and prevail in a similar
fashion.
 Chapter 6
Sources of Fiqh
1. The Holy Quran
The Holy Quran is a decisive proof (Hujjat) of Allah. Its apparent
meaning as well as its profound concealed interpretations are
decisive arguments.1 There are more than 500 verses in the Holy
Quran concerning Islamic practical laws (Ahkaam). These verses
are known as ‘Aayaatul Ahkaam’ (verses regarding jurisprudence).
Jurists have written numerous books on the explanation and
exegesis of these ‘Aayaatul Ahkaam’. Of them ‘Kanz al-Irfaan’
written by Allamah Muqaddas Ardabeli (a.r.) is the most
noteworthy. It goes without saying that to write the exposition of
these verses without referring the traditions of Ahlebait (a.s.) is
impossible.

2. Sunnah
In Ahkaam there are considerable matters that have not been
mentioned in the Holy Quran at all while there are some that have
been dealt with just a passing reference and there are yet others

1
The Ismailis however believe only in the esoteric interpretation of the
Quran and not its apparent meaning. Its details shall be dealt with in the
syllabus of Introduction to Quran.
Fiqh ............................................................................................ 55
that have been mentioned in detail in the Holy Quran. The Ahlebait
(a.s.) with the help of their divinely gifted knowledge have
elucidated the verses of Quran and elaborated on the topic of
Jurisprudence. Without the Sunnah of the infallible Imams (a.s.),
not a single chapter of Jurisprudence can be comprehended merely
in the Light of Quran. The words of the infalliibles, their deeds and
their silence while observing a particular action constitutes the
Sunnah. As an example, in one tradition Imam (a.s.) explained to
the narrator the method of performing prayers while in another
tradition the narrator observes the Imam (a.s.) praying. In a third
tradition the narrator prays in front of the Imam (a.s.). The Imam
(a.s.) observes the narrator praying and does not object to it. The
silence of the Imam (a.s.) implies that the narrator’s prayer is
correct. This is also known as ‘Taqreer-e-Masoom’ (the
infallible’sapproval). However, when the Imam (a.s.) is a silent
observer on account of dissimulation (Taqaiyya), then this silence
obviously cannot be considered as implicit approval. It is the
responsibility of the Jurist to determine whether the silence on the
part of Imam (a.s.) was due to freewill or dissimulation.
The Sunnis refer the Sunnah of Holy Prophet (s.a.w.a) as well as
those of his companions and consider them to be a source of
religious laws. However, the Shias restrict the Sunnah to the deeds,
actions and implicit approval (silence) of the Infallibles (a.s.). Shia
scholars have collected the traditions from the infallibles (a.s.)
primarily in the four major books. These books are collectively
termed as ‘Kutub-e-Arbaa’ (The Four Books). These books are:
1. Al-Kaafi compiled by Muhammad bin Yaqoob Kulayni
(r.a.) (exp. 329 AH)
This book comprises of 8 volumes. 2 of which are referred as
56 ............................................................................................ Fiqh
Usool-e-Kaafi, 5 volumes are known as Furu-e-Kaafi and the last
volume as Rawzah. Usool-e-Kaafi consists of traditions on beliefs
and ethics. Furu-e-Kaafi consists of traditions on jurisprudence
whereas Rawzah consists of miscellaneous traditions. However
there is no distinct subject-wise classification of traditions in this
book. There are 16,190 traditions in Al-Kaafi. It is worth noting
that the sum of all traditions present in Sihah-e-Sittah falls way
short of this number.
2. Man La Yahzarohul Faqih compiled by Muhammad bin
Ali bin Husain al-Babwayh Qummi, famous as Shaikh
Saduq (a.r.) (exp. 381 A.H)
This book comprises of 4 volumes and contains 5,963 traditions
relating to Jurisprudence (Fiqh).
3. Tahzeeb al-Ahkaam compiled by Muhammad bin Hasan
al-Tusi famous as Shaikh Tusi (a.r.) (exp. 460 A.H)
It is a very important book on the topic of Jurisprudence. The book
has a total of 13,590 traditions comprising in 10 volumes.
4. Al-Istebsaar
This book is also compiled by Shaikh Tusi (a.r.). It is in 4 volumes
and consists of 5,511 traditions. Most of the traditions in this book
are related to Jurisprudence.
Apart from these four books, there are also a number of important
books written by renowned Shia scholars. We mention below some
of them.
1. Al-Waafi compiled by Mulla Mohsin Faiz kashani (r.a.)
(exp. 1075 A.H)
This book contains more than 30,000 traditions. The traditions of
Fiqh ............................................................................................ 57
Kutub-e-Arbaa’ are recorded under a new classification and
arranged into chapters. Explanations for the traditions are also
provided.
2. Behaar al-Anwaar compiled by Mulla Muhammad Baqir
Majlisi (r.a.) (exp. 1111 A.H)
According to the original classification, this book was in 25
volumes but newer editions comprisevariously of 110 volumes, 50
volumes, etc. This book can be considered as an encyclopedia of
the Shia creed. It has more than 50,000 traditions arranged in about
2,000 chapters. Allamah Majlisi (r.a.) has referred to 600 books in
addition to the Kutub-e-Arbaa for the compilation of this book.
3. Wasaael al-Shia compiled by Shaikh Hurr al-Aameli (r.a.)
(exp. 1104 A.H)
The book is in 20 volumes comprising of 35,843 traditions. A large
portion of the traditions in this book is related to Jurisprudence.
Currently this book is a critical source of Jurisprudence for Shia
jurists.
4. Mustadrak al-Wasaael compiled by Mirza Husain Noori
(r.a.) (exp. 1320 A.H)
The earlier edition of this book was in 3 volumes but the new
edition is in 18 volumes. The author has collected the traditions
that have not been covered in Wasaael al-Shia of Shaikh Hurr al-
Aameli (r.a.). The book contains 23,129 traditions.
The Sunnis have recorded the Sunnah of the Holy Prophet (s.a.w.a)
and his companions in 6 famous books. The 6 books are known as
Sihah-e-Sittah and are named after the compilers viz. Sahih
Bukhari, Sahih Muslim, Sunan Ibn Maaja, Sahih Tirmizi, Sunan
Abi Dawood and Sunan Nesai. These books are also named as
58 ............................................................................................ Fiqh
Sunan. The Sunnis believe that all the traditions present in these
books are authentic and cannot be considered as weak or
fabricated. It is noteworthy that if all the repetitive traditions are
omitted, the sum of all the traditions present in these six books is
less than that of Al-Kaafi alone.

3. Ijmaa (Consensus)
The Ahle Sunnah consider Ijmaa as a proof and according to them,
the consensus of all the scholars on a particular topic is known as
Ijmaa. Thus if all the scholars are unanimous on a particular
subject, then it is considered as a decisive proof, even if it is not
mentioned in the Holy Quran and traditions.
However, according to Shias, consensus is not formed based on
unanimity of opinion of the nation or its scholars. On the contrary,
based on Quranic texts it is proved thatَ the view of majority is in
َ ‫ﱒ ﻻ ﻳَ ْﻌﻠَ ُﻤ‬
contradiction to the truth ‫ﻮن‬ ُ َ ‫…“ َﺑ ْﻞ ٔا ْﻛ‬And most of them
ُْ‫ﱶ‬
know not.”1
In the Shia belief only that Ijmaa is reliable and proof, which has
support from the Infallibles (a.s.). Mere consensus of opinion of
the scholars is not considered as a decisive proof.

4. Aql (Intellect)
The Shias consider intellect to be reliable only in the ‫ ﺑﺪﳞﻴﺎت‬i.e.
things that are good or evil as per our nature e.g. considering
oppression as evil. This is because man’s intellect is limited and
moreover it operates in an environment permeated with greed,
hatred, lust and other vices. It often strays off from the commands
of Allah. Thus Shia scholars don’t consider intellect as an

1
Surah Luqmaan (31): 25, Surah Zumar (39): 29
Fiqh ............................................................................................ 59
independent medium to formulate laws. Rather, intellect can only
seek solutions to the problems in the light of Quran and traditions.
The Sunnis, however, consider intellect to be an independent
standard by itself. They therefore consider ‘Qiyaas’ (analogy) and
Istehsaan (approbation) as decisive proofs and sources of Shariah.
They deem that a jurist has the right to formulate laws on the basis
of his intellect. So if a jurist cannot find the solution to a particular
matter from Quran and traditions, then he can use his intellect to
do so. They call this Ijtehaad.
Ahle Sunnat thus, take help of Ijmaa, Qiyaas and Istehsaan to solve
their problems because they are deprived of the bounty of
traditions of Ahlebait (a.s.). Their straying from and negligence
towards Ahlebait (a.s.) has deprived them of a vast treasure of
knowledge. They are thus left with only a few traditions, which are
grossly inadequate to solve their problems. They therefore consider
the personal opinion of their jurists as equivalent to the
commandment of Allah and the Holy Prophet (s.a.w.a), and
include it as an integral part of religion.
In short the basic sources of religion are only two viz. Quran and
the Sunnah of Infallibles (a.s.). The Shias consider Ijmaa as
acceptable only and only when endorsed by the Infallibles (a.s.). In
this manner Ijmaa becomes a part of the Sunnah. As for Intellect,
except for the "#‫ﻴ‬%‫ (ﺪﻳ‬it has absolutely no role in formulating
laws of Shariah independently. Thus, the Jurist (Faqih) is the one
who finds solution to the various religious matters in the light of
the Holy Quran and the Sunnah of the infallibles (a.s.).