To ensure we fulfill our religious obligations (ie: the rulings on prayer, fasting, moon-sighting,  and the validity of transactions, etc.), it is necessary to refer to a qualified jurist who meets the following required qualifications:

  • Living
  • A’lam: the most learned
  • Atqāa: the most dutiful
  • Fully aware of public matters

Once the jurist whom we follow passes away, referring to him thereafter is no longer valid. At that point, one of two courses must be taken: 

  1. Either one immediately transitions to perform taqlid (emulation) of another qualified jurist, OR 
  2. One obtains permission from a qualified living jurist to remain on the taqlid (emulation) of the deceased jurist.

If such permission is not granted after the death of the jurist one had been following, it becomes necessary to immediately begin following a qualified jurist who meets the required conditions. This ensures that the accountable person (mukallaf) performs their religious duties in a way that is valid and in accordance with Islamic law, thereby absolving themselves of responsibility before God. Otherwise, many of one’s religious actions may become invalid and, God forbid, not accepted.

It should be noted that following a jurist who fulfills these conditions must be done purely for the sake of God. It should remain free from personal inclinations, loyalties, or partisan sentiments of any kind. The true criterion in this matter is competence, demonstrated by the fulfillment of the required qualifications.

As for how a qualified jurist is recognized, this is known through widespread recognition within the major religious seminaries, such as those of Najaf and Qom, or through the testimony of leading jurists, mujtahids, and respected teachers in those seminaries. Greater confidence is gained when such recognition comes from a jurist whose own qualifications are widely acknowledged.

Taqlid itself is something that reason requires: the non-specialist must refer to the specialist in the detailed rulings of the Sharia. This must be done as an act seeking closeness to God and free from any other motivations.

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