Ijtihad and Jurisprudence

The formal aspect of religion

The Different Facets of the Formal Aspect of Religion

It has become clear from what has been said thus far that the Holy Quran, which is the principal source of religious thought in Islam, has given full authority to the external meanings of its words for those who give ear to its message. The same external meaning of the Quranic verses has made the sayings of the Prophet complementary to the words of the Quran and has declared them to be authoritative like the Quran. For as the Quran says: "And We have revealed unto thee the Remembrance that thou mayst explain to mankind that which hath been revealed for them" (Quran, XVI, 44). And, "He it is who hath sent among the unlettered ones a messenger of their own, to recite unto them His revelations and to make them grow, and to teach them the scripture and Wisdom" (Quran, LXII, 2). And, "And whatsoever the messenger giveth you, take it. And whatsoever he forbiddeth, abstain (from it)" (Quran, LIX, 7). And, "Verily in the messenger of Allah ye have a good example" (Quran, XXXIII, 21).

It is quite evident that such verses would not have any real meaning if the words and deeds of the Prophet and even his silence and approval were not authority for us just as the Quran itself is. Thus the words of the Prophet are authoritative and must be accepted by those who have heard them orally or received them through reliable transmission. Moreover, through such a completely authentic chain of transmission it is known that the Holy Prophet said, "I leave two things of value amidst you in trust which if you hold on to you will never go astray: the Quran and the members of my household. These will never be separated until the Day of Judgment." According to this and other definitely established hadiths the words of the Family of the Household of the Prophet form a corpus that is complementary to the Prophetic religious sciences and are inerrant in the explanation of the teachings and injunctions of Islam. Their sayings, received orally or through reliable transmission, are reliable and authoritative.

Therefore, it is clear that the traditional source from which the formal and external aspect of religion is derived, which is an authoritative document and which is also the basic source for the religious thought of Islam, consists of two parts: The Book (the Quran) and the Sunnah. By the Book is meant the external aspect of the verses of the Holy Quran; and by the Sunnah, hadith received from the Prophet and his revered Household.

Traditions of the Companions

In Shi'ism hadiths transmitted through the companions are dealt with according to this principle: if they deal with the words and actions of the Prophet and do not contradict the hadiths of the Household of the Prophet, they are acceptable. If they contain only the views or opinions of the companions themselves and not those of the Prophet, they are not authoritative as sources for religious injunctions. In this respect the ruling of the companions is like the ruling of any other Muslim. In the same way, the companions themselves dealt with other companions in questions of Islamic law as they would with any Muslim, not as someone special.

The Book and Tradition

The Book of God, the Holy Quran, is the principal source of every form of Islamic thought. It is the Quran which gives religious validity and authority to every other religious source in Islam. Therefore, it must be comprehensible to all. Moreover, the Quran describes itself as the light which illuminates all things. Also it challenges men and requests them to ponder over its verses and observe that there are no disparities or contradictions in them. It invites them to compose similar work, if they can, to replace it. It is clear that if the Holy Quran were not comprehensible to all there would be no place for such assertions.

To say that the Quran is in itself comprehensible to all is not in any way contradictory to the previous assertion that the Prophet and his Household are religious authorities in the Islamic sciences, which sciences in reality are only elaborations of the content of the Quran. For instance, in the part of the Islamic sciences which comprises the injunctions and laws of the Shari'ah, the Quran contains only the general principles. The clarification and elaboration of their details, such as the manner of accomplishing the daily prayers, fasting, exchanging merchandise, and in fact all acts of worship ('ibadat) and transactions (mu'amalat), can be achieved only by referring to the traditions of the Holy Prophet and his Household.

As for the other part of the Islamic sciences dealing with doctrines and ethical methods and practices, although their content and details can be comprehended by all, the understanding of their full meaning depends on accepting the method of the Household of the Prophet. Also each verse of the Quran must be explained and interpreted by means of other Quranic verses, not by views which have become acceptable and familiar to us only through habit and custom.

Ali has said: "Some parts of the Quran speak with other parts of it revealing to us their meaning and some parts attest to the meaning of others." And the Prophet has said, "Parts of the Quran verify other parts." And also: "Whosoever interprets the Quran according to his own opinion has made a place for himself in the fire."

As a simple example of the Quran through the Quran may be cited the story of the torture of the people of Lot about whom in one place God says, "And we rained on them a rain," and in another place He has changed this phrase to, "Lo! We sent a storm of stones upon them (all)." By relating the second verse to the first it becomes clear that by "rain" is meant "stones" from heaven. Whoever has studied with care the hadiths of the Household of the Prophet, and the outstanding companions who were the followers of the Prophet, will have no doubt that the commentary of the Quran through the Quran is the sole method of Quranic commentary taught by the Household of the Prophet.

The Outward and Inward Aspects of the Quran

It has been explained that the Holy Quran elucidates religious aims through its own words and gives commands to mankind in matter of doctrine and action. But the meaning of the Quran is not limited to this level. Rather, behind these same expressions and within these same meanings there are deeper and wider levels of meaning which only the spiritual elite who possess pure hearts can comprehend.

The Prophet, who is the divinely appointed teacher of the Quran, says: "The Quran has a beautiful exterior and a profound interior." He has also said, "The Quran has an inner dimension, and that inner dimension has an inner dimension up to seven numerous references to the inner aspect of the Quran.

The main support of these assertions is a symbol which God has mentioned in Chapter XIII, verse 17, of the Quran. In this verse divine gifts are symbolized by rain that falls from heaven and upon which depends the life of the earth and its inhabitants. With the coming of the rain, floods begin to flow and each river bed accepts a certain amount of the flood, depending on its capacity. As it flows, the flood is covered with foam, but beneath the foam there is that same water which is life-giving and beneficial to mankind.

As is indicated by this symbolic story, the capacity for comprehension of divine sciences, which are the source of man's inner life, differs among people. There are those for whom there is no reality beyond physical existence and the material life of this world which lasts but a few days. Such people are attached to material appetites and physical desires alone and fear nothing but the loss of material benefits and sensory enjoyment. Such people, taking into consideration the differences of degree among them, can at best accept the divine sciences on the level of believing in a summary fashion in the doctrines and performing the practical commands of Islam in purely outward manner without any comprehension. They worship God with the hope of recompense or fear of punishment in the next world.

There are also those who, because of the purity of their nature, do not consider their well-being to lie in attachment to the transient pleasures of the fleeting life of this world. The losses and gains and bitter and sweet experiences of this world are for them no more than an attractive illusion. Memory of those who passed before them in the caravan of existence, who were pleasure-seekers yesterday and no more than subjects of stories today, is a warning that is continuously present before their eyes. Such men who possess pure hearts are naturally attracted to the world of eternity. They view the different phenomena of this passing world as symbols and portents of the higher world, not as persisting and independent realities.

It is at this point that through earthly and heavenly signs, signs upon the horizons and within the souls of men, they "observe" in a spiritual vision the Infinite Light of the Majesty and Glory of God. Their hearts become completely enamored with the longing to reach an understanding of the secret symbols of creation. Instead of being imprisoned in the dark and narrow well of personal gain and selfishness they begin to fly in the unlimited space of the world of eternity and advance ever onwards toward the zenith of the spiritual world.

When they hear that God has forbidden the worship of idols, which outwardly means bowing down before an idol, they understand this command to mean that they should not obey other than God, for to obey means to bow down before someone and to serve him. Beyond that meaning they understand that they should not have hope of fear of other than God; beyond that, they should not surrender to the demands of their selfish appetites; and beyond that, they should not concentrate on anything except God, May His Name be Glorified.

Likewise when they hear from the Quran that they should pray, the external meaning of which is to perform the particular rites of prayers, through its inner meaning they comprehend that they must worship and obey God with all their hearts and souls. Beyond that they comprehend that before God they must consider themselves as nothing, must forget themselves and remember only God.

It can be seen that the inner meaning present in these two examples is not due to the outward expression of the command and prohibition in question. Yet the comprehension of this meaning is unavoidable for anyone who has begun to meditate upon a more universal order and has preferred to gain a vision of the universe of reality rather than his own ego, who has preferred objectivity to an egocentric subjectivism.

From this discussion the meaning of the outward and inward aspects of the Quran has become clear. It has also become evident that the inner meaning of the Quran does no eradicate or invalidate its outward meaning. Rather, it is like the soul which gives life to the body. Islam, which is a universal and eternal religion and places the greatest emphasis upon the "reformation" of mankind, can never dispense with its external laws which are for the benefit of society, nor with its simple doctrines which are the guardians and preservers of these laws.

How can a society, on the pretense that religion is only a matter of the heart, that man's heart should be pure and that there is no value to actions, live in disorder and yet attain happiness? How can impure deeds and words cause the cultivation of a pure heart? Or how can impure words emanate from a pure heart? God says in His Book, "Vile women are for vile men, and vile men for vile women. Good women are for good men, and good men for good women." (Quran, XXIV, 26) He also says, "As for the good land, its vegetation cometh forth by permission of its Lord; while as for that which is bad, only evil cometh forth (from it)." (Quran, VII, 58) Thus it becomes evident that the Holy Quran has an outward and an inward aspect and the inward aspect itself has different levels of meaning. The hadith literature, which explains the content of the Quran, also contains these various aspects.

The Principles of Interpretation of the Quran

At the beginning of Islam it was commonly believed by some Sunnis that if there was sufficient reason one could ignore the outward meaning of Quranic verses and ascribe to them a contrary meaning. Usually the meaning which opposed the outward, literal meaning was called ta'wil, and what is called "ta'wil of the Quran" in Sunni Islam is usually understood in this sense.

In the religious works of Sunni scholars, as well as in the controversies that have been recorded as taking place between different schools, one often observes that if a particular point of doctrine (that has been established through the consensus of the ulama of a school or through some other means) is opposed to the outward meaning of a verse of the Quran, that verse is interpreted by ta'wil to have a meaning contrary to its apparent meaning. Sometimes two contending sides support two opposing views and present Quranic verses in proof of their contentions. Each side interprets the verses presented by the other side through ta'wil. This method has also penetrated more or less into Shi'ism and can be seen in some Shi'ite theological works.

Yet, sufficient deliberation upon Quranic verses and the hadith of the Household of the Prophet demonstrates clearly that the Holy Quran with its attractive language and eloquent and lucid expression never uses enigmatic or puzzling methods of exposition and always expounds any subject in a language suitable for that subject. What has been rightly called ta'wil, or hermeneutic interpretation, of the Holy Quran is not concerned simply with the denotation of words. Rather, it is concerned with certain truths and realities that transcend the comprehension of the common run of men ; yet it is from these truths and realities that the principles of doctrine and the practical injunctions of the Quran issue forth.

The whole of the Quran possesses the sense of ta'wil, of esoteric meaning, which cannot be comprehended directly through human thought alone. Only the prophets and the pure among the saints of God who are free from the dross of human imperfection can contemplate these meanings while living on the present plane of existence. On the Day of Resurrection the ta'wil of the Quran will be revealed to everyone.

This assertion can be explained by pointing to the fact that what forces man to use speech, create words and make use of expressions is nothing other than his social and material needs. In his social life man is forced to try to make his fellow-men understand his thoughts and intentions and the feelings which exist within his soul. To accomplish this end he makes use of sounds and hearing. Occasionally also he uses to a degree his eyes and gestures. That is why between the mute and the blind there can never be any mutual comprehension, for whatever the blind man says the deaf cannot hear, and whatever the mute makes understood through gestures the blind man cannot see.

The creation of words and the naming of objects have been accomplished with a material end in view. Expressions have been created for those objects, states, and conditions which are material and available to the senses or near to the sensible world. As can be seen in those cases where the person addressed lacks one of the physical senses, if we wish to speak of matters which can be comprehended through the missing sense we employ a kind of allegory and similitude. For example, if we wish to describe light or color to one who is born blind, or the pleasures of sex to a child that has not reached the age of adolescence, we seek to achieve our purpose through comparison and allegory and through providing examples.

Therefore, if we accept the hypothesis that in the scale of Universal Existence there are immense levels of reality which are independent of the world of matter (and this is in reality the case), and that in each generation there are among mankind but a handful who have the capability of comprehending and having a vision of these realities, then questions pertaining to these higher worlds cannot be understood through common verbal expressions and modes of thought. They cannot be referred to except by allusion and through symbolism. Since religious realities are of this kind, the expression of the Quran in such matters must of necessity be symbolic.

God says in his book, "Lo! We have appointed it a Lecture in Arabic that haply ye may understand. And Lo! in the Source of Decrees, which We possess, it is indeed sublime, decisive." (Common comprehension cannot understand it or penetrate into it.) (Quran, XLIII, 3-4) He also says, "That (this) is indeed a noble Quran, In a book kept hidden, Which none toucheth save the purified" (Quran, LVI, 77-79). Concerning the Prophet and his Household he says, "Allah's wish is but to remove uncleanness far from you, O Folk of the Household, and cleanse you with a thorough cleansing" (Quran, XXXIII, 33).

As proved by these verses, the Holy Quran emanates from sources beyond the comprehension of common man. No one can have a full comprehension of the Quran save those servants of God whom He has chosen to purify. And the Household of the Prophet are among those pure beings.

In another place God says, "Nay, but they denied that (the Quran), the knowledge whereof they could not compass, and whereof the interpretation (in events) [ta'wil] hath not yet come into them" (Quran, X, 40) (meaning the day of Resurrection when the truth of things will become known). And again he says, "On the day (the Day of Resurrection) when the fulfillment [ta'wil] thereof (of the whole Quran) cometh, those who were before forgetful thereof will say: The messengers of our Lord did bring the Truth!" (Quran, VII, 53)

Hadith

The principle that the hadith possesses validity, as attested by the Quran, is not at all disputed among Shi'ites or in fact among all Muslims. But because of the failure of some of the early rulers of Islam in preserving and guarding the hadith, and the excesses of a group among the companions and followers of the Prophet in propagating hadith literature, the corpus of hadith came to face a certain number of difficulties.

On the one hand the caliphs of the time prevented the writing down and recording of the hadith and ordered any pages containing texts of hadith to be burned. Sometimes also any increase in activity in the transmission and study of hadith was forbidden. In this way a certain number of hadiths were forgotten or lost and a few were even transmitted with a different or distorted meaning. On the other hand another tendency also prevailed among another group of the companions of the Holy Prophet who had had the honor of seeing his presence and actually hearing his words. This group, which was respected by the caliphs and the Muslim community, began an intense effort to propagate the hadith. This was carried to such an extent that sometimes hadith overruled the Quran and the injunction of a Quranic verse was even considered abrogated by some people through a hadith. Often the transmitters of hadith would travel many miles and bear all the difficulties of traveling in order to hear a single saying.

A group of outsiders who had worn the dress of Islam and also some of the enemies within ranks of Islam began to change and distort some of the hadith and thus diminished the reliability and validity of the hadith that was then heard and known. For this very reason Islamic scholars began to think of a solution. They created the sciences concerned with the biography of learned men and chains of transmission of hadith in order to be able to discriminate between true and false hadith.

The Method of Shi'ism in Authenticating the Hadith

Shi'ism, in addition to seeking to authenticate the chain transmission of hadith, considers the correlation of the text of the hadith with the Quran as a necessary condition for its validity. In Shi'ite sources there are many hadiths of the Prophet and the Imams with authentic chains of transmission which themselves assert that a hadith contrary to the Quran has no value. Only that hadith can be considered valid which is in agreement with the Quran.

Basing itself on these hadiths, Shi'ism does not act upon those hadiths which are contrary to the text of the Quran. As for the hadiths whose agreement or disagreement cannot be established, according to instructions received from Imams they are passed by in silence without being accepted or rejected. Needless to say there are also within Shi'ism those who, like a group among the Sunnis, act on any hadith whatsoever which they happen to find in different traditional sources.

The Method of Shi'ism in Following the Hadith

A hadith heard directly from the mouth of the Prophet or one of the Imams is accepted as is the Quran. As for hadiths received through intermediaries, the majority of Shi'ites act upon them if their chain of transmission is established at every step or if there exists definite proof concerning their truth, and, if they are concerned with principles of doctrine which require knowledge and certainty, according to the text of the Quran. Other than these two kinds of hadith, no other hadith has any validity concerning principles of doctrine, the invalid hadith being called "tradition with a single transmitter" (khabar wahid). However, in establishing the injunctions of the Shari'ah, because of reasons that have been given, Shi'ites act also on a tradition which is generally accepted as reliable. Therefore it can be said that for Shi'ism a certain and definitely established hadith is absolutely binding and must be followed, while a hadith which is not absolutely established but which is generally considered as reliable is utilized only in the elaboration of the injunctions of the Shari'ah.

Ijtihad

Ijtihad means to exert oneself to deduce precise rules of Islamic law from their sources in accordance with the special rules of research. The ability to make Itihad or deduce laws is not the monopoly of any particular class, nor is it subject to any appointment or announcement. The way is open to everybody to acquire the necessary qualification and specialize in this field. Any one who does that, will automatically get the power to exercise Itihad and will have the right to act according to his own findings and deductions and even to announce the results of his findings for the information of others.

Formulation of law concerning the ruling system

Let us see under what conditions a juristic opinion or verdict can be regarded as authentic and enforceable.

In the case of a social or a governmental question, the individual or the council responsible for deducing and formulating a law, must be officially selected for this purpose, so that its decision may have the backing of the executive and may be enforced in a legal form on the level of society.

Formulation of law on individual matters

If the verdict is meant for the personal action of the individuals, then selection of the religious authority which may issue it, may be left free. In other words people may be allowed to accept and act upon the opinion of any religious authority whom they may deem fit for the purpose.

Why should we adopt the doctrine of Taqlid?

Taqlid means to accept the juristic opinion and verdict of a mujtahid (a jurist capable of arriving at an independent judgement) and to act upon it.

We know that on principle Islam advocates freedom of thought and is opposed to the submission to any unauthorised opinion, custom, convention or order of any social authority.

The basis of this opposition is two fold:

(a) We cannot always be sure that an opinion, custom or convention is sound and is not a sort of fraud or myth?

(b) There is a possibility that an opinion or instruction may be aiming at self-aggrandizement or at protecting personal or class interests, in which case to accept it will be tantamount to submission to exploitation and subjugation. We know that Islam is as much against acknowledging myths, as it is against submitting to injustice.

Anyhow, it is permissible to accept the view of someone else provided:

(a) The person initiating the view has specialized in the subject concerned and has enough knowledge to be competent to express an opinion.

(b) His purity, and veracity are above suspicion.

There also must be valid reasons to believe that the opinion in question is sound and proper in the prevailing circumstances and is not based on selfishness or superficial thinking.

If these two conditions are fulfilled it is logical that we should accept such an opinion. If a man is unable to form his own opinion, he has no option but to follow that of someone else, who is reliable and a specialist in his field.

Qualifications of a competent religious authority

(Whose opinion may be accepted without knowing the authority on which it is based).

From the traditions concerning taqlid the above-mentioned two principles can easily be deduced. According to a well-known report Imam Hasan al Askari (a.s) clearly brought out this point, while explaining the verse which denounces the Jewish laymen for following their vicious rabbis blindly. The verse is as under:

"There are illiterate men among them who know nothing of the Scripture except vague fancies. They only guess". (Surah al-Baqarah, 2:78).

The Imam said: "If the laymen of our ummah also find that their jurists (faqihs) are biased, are openly indulging in misdeeds, are competing with each other in securing pelf and position, are trying to eliminate their opponents and supporting their own incompetent and mean adherents; and they still follow such jurists, they will be no better than the illiterate Jews, who followed their corrupt rabbis. But the case of those jurists, who do not go astray, do not sell themselves, are particular about protecting their religion, suppress their wild passions and obey the commandments of Allah is different. They should be followed by the common people. Of course, the number of such jurists is small. All jurists cannot be such".

First of all this report talks of faqihs. This term implies specialisation in understanding religious questions and under-taking learned research. Hence a competent religious authority must be a first rate faqih and mujtahid.

Secondly, the qualities of consciousness, piety, religiousness, obedience to Allah and suppression of wild passions mentioned in the report, are the infrastructure of all human and moral virtues and mean keeping away from all sins and deviations.

Thus we can deduce the qualifications of a competent religious authority from this report.

Now let us discuss certain other points which are worth consideration in this connection.

(1) It is now clear that those who are not themselves specialists in cannon law should consult a mujtahid and follow his opinion. But in those cases in which the mujtahids differ and do not have a unanimous view, what should the mugallids.(followers of a mujtahid) do? Normally when we face an important problem in life, for example if the specialists differ about the treatment of an acute disease, we accept the view of the best specialist. By analogy the view of the mujtahid 'most noted for his religious learning' should be accepted in cases of difference of opinion between the mujtahids also.

(2) There is one more important question worth consideration. As with the expansion in human knowledge, an increase in its ramifications and more and more specialisation, the field of skill in cannon law and the deduction of rules of religion has expanded, it is now difficult for any one individual to cope with the task. Will it not be better if this task is entrusted to a council and is carried out on the basis of co-operation or division of work?

(3) There are two basic aspects of skill in cannon law. If the practical ability of a scholar covers both of them, his deductions will certainly be closer to truth and worth being implemented. These aspects are:

(a) A thorough knowledge of the sources of law, religious tests and the principles of jurisprudence.

(b) Acquaintance with the existing world situation, modern trends and social conditions.

In short a jurist should have the full knowledge of the sources of law and should also know how and where a particular rule is to be applied.

(4) As ijtihad is a continuous process and a living method of understanding religious law and goes on along with the emergence of new needs, new problems and new relations, it is necessary that in Muslim society broad-minded and efficient mujtahids should always be busy with the work of ijtihad and inquiry. By implication, the people should receive instructions regarding their religious duties from a living authority, except in those cases where the living authority allows them to continue to follow a past mujtahid. It is far more important to follow a living authority if the question involved concerns the ruling system. Obviously the leaders who are actually at the helm of affairs of a society should be alive and existing.

Formulation of new provisions

We have seen that the mujtabids have a right to deduce and discover rules of law in accordance with the principles of jurisprudence. They interpret and explain them. If they have the necessary qualifications of a competent religious authority, their juristic verdict deserves to be accepted and followed by others also.

Another point in connection with Islamic laws is that the government authorities have a right to issue rules, regulations, orders and instructions, on the basis of firm Islamic laws in the social and administrative fields. These rules and regulations are not of a permanent nature. They are subject to the requirements of the time. Anyhow, the issuance and promulgation of these rules and regulations, once an Islamic government is established, is the prerogative of those who are at the helm of the affairs of that government.

Evidently such matters cannot be left to individual discretion, for that will lead to chaos and disappearance of central authority.

The necessity of Ijtihad

Every branch of science or of humanistic knowledge, such as medicine, physics, mathematics, botany, grammar, etc. is in need of its particular specialists and experts who study it, discover its laws and teach the people how to make use of, and apply it. So, the scientific laws which we learn in schools have been discovered by the expert scholars and presented to the people.

Such is the science of F'iqh, the science of Islamic laws and precepts. It is also in need of the scholars who have specialized in studying and understanding it, in order to discover its laws and precepts, taken out of their original sources: the Holy Qur'an and'the Purified Sunnah, in the same way as the scientists of medicine and hotanv discover the laws of their branches, by studying the human body, and plants.

The Qur'an and the Sunnah [Traditions) arc the original sources from which the scholars derive the Islamic precepts, laws and concepts.

Such scholars, or the 'Ulema, who have specialized in studying the Islamic Fiqh (Jurisprudence), and who have discovered and inferred the laws and the precepts from the Holy Qur'an and the purified Sunnah, are called Fuqaha' (Pl. of Faqih] or the Mujtahids.

The process of discovering and inferring the Islamic laws and precepts from the Qur'an and the Sunnah is called Ijtihad.

Therefore, Ijtihad is: Applying scientific methods for the discovering of, and inferring, the Islamic laws and precepts from their sources.

Consequently, a Mujtahid or a Faqih is a scholar who is able to discover and infer the Islamic laws and precepts 'from the Book and the Sunnah.

For a scholar to reach the stage of Ijtihad (i.e. being able to infer the Islamic laws and precepts from the Book and the Sunnah) it is necessary for him to study the Arabic language. To comprehend it thoroughly, enabling him.to understand the meanings of the Qur'an and the Sunnah, and to know them and their interpretation, so as to be able to infer the precepts from the verses of the Qur'an, and tell the true Traditions from the false ones which had been forged and fabricated by deceiving narrators. So that he may act according to the truth, and discard the untrue.

For this purpose the Mujtahids will have to study the lives of those who quoted and narrated the purified Traditions, in order to know the trustworthy ones from the dishonest ones.

The liars who tried to divert Islam, and to fabricate false traditions, are numerous. There are so many Yadiths and narratives quoted by some narrators, but they are no more than a pack of lies, detected by the scholars arid exposed to us so that we may not be deceived by them.

THE NECESSITY OF IJTIHAD

Human society is an ever-developing one. Man's activities and relations are ever-increasing and spreading. Things which did not exist, can exist in diverse forms at certain times. Such as, banks, insurance companies, radio receiving sets, TV, and thousands of other things. So, we need to know the Islamic precepts and laws so that we may know how to organize our acts, and distinguish between the Halal and the Haram. Had it not been fort the presence of the Mujtahids in our society, how could we have inferred the Islamic precepts and laws from the Qur'an and the Sunnah?

Therefore, the presence of the Mujtahid jurisprudents is inevitable in order to look into every case to see whether ins Halal or Haram, according to the Qur'an and the Sunnah. Take, for example, the case of a fasting person who needs medicine, in the form of an intramuscular injection. Now, who can tell us whether this medical injection will nullify his fasting or not'' Especially since, this medicine, did not exist in the days of the Prophet (s.a.w.), as sttch,wc do not directly know its relevant precept. The only person able, nowadays, to infer the correct precept, is the Faqih, because he is an expert of the Islamic Shari'ah. The Faqih can tell us that this medicine does not nullify the Sdwm, by informing us that the fasting person is allowed to use this medicine through the muscle.

AT-TAQLID

Every Muslim has to know the precepts of the Islamic Shari`ah, and the necessary laws which he needs when he becomes a Mukallaf, such as the satat, the Hajj, the Zakat, trading, marriage, divorce, etc. in order to apply them when required. But it is not possible for every one of us to study the Shari'ah as a specialist, so as to become a Faqih, knowing all the Islamic laws and precepts. Therefore, it is Wajib on every nonspecialized Muslim to refer to a Faqih whenever he wants to know and apply the precepts as he is told. This procedure of referring to a Faqih, to take the precept and laws from him and to apply them is called "Taqlid ".

So, Taqlid means, depending on and following the Fatwa [decree] of a Faqih. It is obvious that Taqlid is a must. We know that a sick man refers to a physician, because he is specialized in treating the sick. The one who wants to build a house refers to an architect because he is wellversed in the art of architecture. Thus, we commonly depend on specialists in all fields of life. For this reason, we depend on the Faqih and refer to him in the field of the Islamic precepts, because he is specialized in the Islamic jurisprudence and knows it well.

THE ATTRIBUTES OF THE MARJI` OF TAQLID

The conditions which are required in the Marji' of Taqlid [the Mujtahid referred to for Taqlid]to whom the Muslims may refer to for Fatwa, are as follows;

1. Maturity of age.

2. Sanity.

3. Masculinity.

4. Legitimate birth.

5. Having faith, righteousness and fearing Allah.

6. Ijtihad.

7. Living! (Some Islamic sects allow for the following of decrees and opinions of a dead Mujtahid.)

- Manhaj ul-Fiqh il-Islami

- by S.H al-Mousawi.

Wudu and its precepts

It is mustahabb for a man to brush his teeth and rinse his mouth with clean water before performing wudu'. It is also mustahabb for a man to inhale tdhir water up his nostrils.

THE INSTRUCTIONS FOR WUDU'

In performing wudu', the face must be rinsed first by taking water in the hand and wiping it over the face beginning from the place of growing hair of head (forehead) downward to the chin. Next, the right elbow should be rinsed by taking water in the left hand and wiping it from the elbow downward to the fingertips. This procedure should also be exactly performed for the left elbow using the right hand. Then for mash (anointing), the front portion of the head must be anointed. Then the right foot followed by the left foot must be anointed from the toe-tips to the upper part of both feet with the fingers. The following should be observed while performing wudu':

(1) The parts of body related to wudu' must be tahir while performing wudu'.

(2) The water for wudu' must be tahir, mutlaq and mubah (permissible).

(3) Niyyah (intention), ie, wudu' must be performed for the pleasure of Allah; and hence if someone performs wudu' with an intention of cooling and comforting himself or for any other purpose, his wudu' will not be right.

(4) Tartib (the order as prescribed by Islamic Shari'ah), that is, wudu' must be performed in the prescribed order. The face must be washed first, next the right hand which should be followed by washing of the left hand. The head and the feet should be anointed afterwards.

(5) Muwalat (performing the parts of an Islamic act in succession without undue delay): It means that wudu' must be performed in succession without undue delay. One should not allow a time gap while washing or anointing the subsequent part to the extent that the previous part gets dried up. However, if wudu' is performed consecutively but the moisture gets dried up due to hot weather, the high temperature of the body, and the like, the wudu' will be valid.

Note: While performing mash, it is not necessary to anoint the scalp, rather it is also correct to anoint the hair of the front portion of the head. But if the hair of other parts of the head gather in the front portion of the head, then these should be pushed back. If the hair in the front portion of the head are very long, ie, if combed, these reach up to the face, then the root of the hair must be anointed or the hair should be parted and the scalp must be anointed.

MUBTILAT OF THE WUDU'

The things or acts which make the wudu' invalid are called the mubtilcit (things or acts through which, the salat, the sawm, the wudu"etc become invalid). There are eight items which render the wudu' invalid: (i) urination; (ii) defecation; (iii) wind or flatus (wind in the stomach or intestines) this is when flatus comes out from the usual outlet or from an outlet that is changed due to illness and surgery; (iv) unconsciousness; (v) drunkenness; (vi) falling asleep when the eyes cannot see and the ears cannot hear; however, if the eyes are unable to see, but the ears can hear, the wudu' will not be bdtil (invalid); (vii) insanity; and (viii) janabah (major ritual impurity or al-hadath al-akbar caused by the sexual intercourse, or the like) resulting from sexual intercourse or by seminal ejaculation and other things for which one should perform ghusl. Also, istihadah (menstrual bleeding), whenever noticed by women, makes the wudu' batil.

- Islamic Teachings in brief

- by Allamah Seyyid Muhammad Husain Tabatabai.

The Wudu

1. When we want to perform a Salat, whether Wajib or Mustahab, we must make a Wudu' for that Salat. Before doing so, we must remove whatever there is 'on the parts of the body which are to be used in the Wudu'. So that, the water of the Wudu' would reach the skin of that part. Therefore, anything like sticking materials, paints, cosmetics, etc. should be removed.

2. Intention is a must for the Wudu', as otherwise it would be incorrect.

HOW TO MAKE WUDU'

The obvious Qur'an, in the verse No.6 of Surat ul-Ma'idah, tells us how to perform it.

It says:

"O you who believe! when you rise up for the $alat wash your faces and your hands as far as the elbows,. and wipe your heads and your feet up to the ankles."

Allah, the Glorified, commanded us to make Wudu' for the Salat so as to stand in His presence, purified, invoking upon Him and asking His forgiveness.

The Wudu' consists of six consecutive steps:

1. Washing the face vertically from the hairline down to the chin,and in breadth from the tip of the thumb to the tip of the middle finger.

2. Washing the right arm from, the elbow till the tip of the fingers.

------( The Faqihs of the four sects have unanimously given the option to wash the arms starting from the elbows or from the fingers, but they differ in respect of the tradition. Some say it should be started from the fingers, while the Shafi'is say that it differs, if one ladles water with one's hand, or pours water on one's hand. They say that if one has ladled water by one's hand, one is to start from the front of the limbs. But if one has poured water down, as from a tap or a pitcher, or somebody else has had to help one to make the Wudu',one would start from the elbows in washing the arms,and from the ankles in respect of the feet. (Look up: Abdur-Rahman al-Juzayri's "AI-Fiqh Ala alMadhahib al-Arba'ah", vol.1, p. 56, quoted from "AI-,Haqa'iq Fil Jawami' wal Fawariq".).

The Imami Shi'ah say that it is Wajib to start from the elbow, while the other sects say it is allowed to do so.. As-Suyuti, in his interpretation of the Qur'an, "Ad-Durul-Manthur", vol. 2, commenting on Surat ul-Ma'idah, verse No. 6, concerning the Wudu', says: 'Ad-Dar Qufni and al-Bayhaqi, in their 'Sunan', quoting Jabir ibn 'Abdullah, said: "The Messenger of Allah (s.a.w.) used to pour water on his elbows for performing Wudu'.

2. The Muslims unanimously say that it is Wajib to mash the head in the Wudu', as is stated in the Qur'an explicitly, but they differ in respect of the place of the mash and its width. The Wlikis and the HanbarS say that the whole of the head is Wajib to mash The Shafi'is say that it is necessary to mash, the head, though a little part of it. The Hanafis say that the supposed part is a quarter of the head. The Imami Shi'ah say that the Wajib is only a part of the front of the head.

It is stated in Muslim's "Sahih" and elsewhere, in respect of the Hadth narrated by Mughirah that, "The Prophet (S,a.w.) made Wudu' and performed the mash on his forelock or (forepart of his head) while he still had his turban on." Abu Dawud, (may Allah have mercy upon him) quotes Anas's narrative that, "The Prophet (s.a.w.) inserted his hand under his turban and performed the mash on the forepart of his head, without moving the turban". No need to say that Allah's saying: " ....and mash your heads" does not mean that the whole head should be mashed. There are more similar verbs, such as: "I hit Zayd's head," or "I beat him on the head", or "I beat Zayd, on his hand". In all these linguistic meanings the hitting or the beating was affected on a part of the said organs. The same is true in respect of the said verse, too (Look up) `Ar-Rawdat un-Nadiyyah fi Sharh id-Durar Il-Bahiyyah" by Abut- Tayyib Qanuji al-Bukhari, vol.1, p.38).

As to wiping the ears, the Hanbalis say that they are also a part of the head, while the other sects do not say that their wiping is Wajib.

The four sects: "Both feet, including the insteps, must be washed once. The Imamis say they must be mashed with the moisture of the Wudu', starting from the tips of the toes up to the insteps, which are the "arch" of the feet. The difference concerning performing mash or washing the feet stems from misinterpreting verse No. 6 of Suratul Ma'idah: "O you who believe! when you rise up for the Salat wash your faces and your hands as far as the elbows, and lightly rub your heads and your feet up to the ankles." The clause "your feet" was read as in the genetive case, as well as in the accusative case. So, those who say that the feet must be rubbed, regard the clause to be in the genitive case, while those who say that they must be washed, regard the clause to be in the accusative case. AI-Fakhr ur-Razi's opinion supports performing the Mash while Muhammad ibn Jarir at- Tabari, al-Hasan al-Basri, al-Juba'i, ath-Thawri and al- Uwza`i, who are of the great Sunni `Ulama, leave it to one's option to choose either to wash or to mash. Others say that both are to be performed. Abu 0awud narrated that ibn Abbas had said:

"Do you want me to show you how the Messenger of Allah (s.a.w.) used to perform Wudu'?" Then he related the narrative, ending it by saying: "Then he rubbed his feet with his hand.".

3. The mouth-rinsing and sniffing are Wajibs, in the opinion of the Hanbalis)------- 

3. Washing the left arm from the elbow till the tip of the fingers.

4. Mash the top of the head down' to the hairline with the wet fingers of our right hand.

5. Rubbing the back of our right foot with our wet right hand, from the tips of our toes up to the ankle.

6. Mash the back of the left foot with our wet left hand, from the tips of our toes up to the ankle.

RULES OF THE WUDU'

There are some acts which we call: "The rules of the Wudu': "They are Mustahab, not Wajih acts, which if performed are better for us because they please Allah, the Glorified, and He rewards us on them. The Generous Messenger of Allah (s.a.w.) used to perform them. Some of them are as follows:-

l. Saying: "Bismillahir Rahmanir Rahim", before starting the

Wudu"'.

2. Invoking some Mustahab invocations.

3. Rinsing; the mouth with water.

4. Sniffing water.

THINGS WHICH INVALIDATE THE WUDU'

We have learnt that the Wudu' effects our Taharah, and that the Salat would be invalid if done without Taharah. There are, however, other happenings which render the Wudu' Batil and require it to be reperformed. These happenings are:

1. Urination and defecation. If urine or feces has been discharged from a person, his Wudu' will become Batil, and he will have to repeat it. If this has happened during the Salat, it will also become Batil, and he will have to stop it, repeat the Wudu' and then repeat the Salat once again.

2. Flatulation (passing gas). If a person passes gas his Wudu' will become Batil and he will have to repeat the Wudu', if he has to perform a Salat. Should one pass gas during the Salat one would have to stop his Salat, repeat his Wudu', and then repeat the Salat.

3. Sleep. If a person, who has made the Wudu', slept, his Wudu' would become Batil, and would have to repeat it if he wanted to perform the Salat.