['Aalim Network QR] Taqleed of a Marja' after his death

["Akil M. Karim" <amk@io.org>]

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|     In the Name of Allah, the Compassionate, the All-Merciful       |\
|Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salamun 'Alaykum

The following question on Taqleed of a Mujtahid after his death, was 
received a few days ago. Please note that Br. Hamid has kindly answered 
the question in great depth, indicating the opinions of not only the 
majority of the Maraji' but also the differing viewpoint of Ayatullah 
Fadhlullah.

Jazakallah,

Akil Karim
Acting Moderator for ABDG-A

---------- Forwarded message ----------

QUESTION:

I guess all of our current Maraje allow remaining on the followship of the
previous Marja when he dies. Some of them (as I guess) like Ay. Seestani
consider that as a mandatory rule.

My question is :
Regarding this Fatwa, is it possible to follow some rules from the alive Marja
and some from the previous Marja ( I am not talking about the new problems
which are raised after the previous marja.)

If yes, what would be the criteria. Is it selectable by the follower.
And, when he selected the current marja can he return to previous one.

I would like to hear all possible solutions which I might have not written
here.


ANSWER:
                                  Bismihi Ta'ala

The above issue has been dealt with by the jurists with hair-splitting
precision in the books of positive law (fiqh).  The two possible
scenarios are that the deceased mujtahid is a'alam (most knowledgeable)
than any of the living mujtahids or he is of equal status.  If the
deceased mujtahid in whose taqlid you were is a'alam, then the consensus
amongst the jurists is that you should continue his taqlid after his
death and at the same time choose another mujtahid who is next in rank
for guidance on issues that are not covered by the deceased mujtahid.
Some mujtahids, like the late Ayat. Khui, only allow one to follow those
rulings (fatawa) of the deceased mujtahid which one was aware of in
his/her lifetime.  Other mujtahids permit one to follow all the rulings
of the deceased mujtahid that are extant.  The latter view is that of
Ayat. Seestani and the late Ayat. Sadr.  If the deceased mujtahid is
of equal status in knowledge to a living mujtahid, then the believer
can look for other qualities like piety to determine his/her choice.
Otherwise, one can follow either mujtahid.  All what I have said is
based on the assumption that the living mujtahid to whom you revert to
for taqlid allows one to remain in taqlid of a deceased a'alam mujtahid.

In a circular that was issued by The Federation of Khoja Shia Ithna-
Asheri Jamaats of Africa on Feb/28/94, the following was written:

The Marja Ayatullah Al-Ozma Seyyid Ali Seestani in Najaf has also
confirmed to Seyyid Saeed Akhtar Rizvi on the telephone the direction
on taqleed as mentioned above and explained further as follows on the
queston of A'alam:-

1. If a Mu'min still believes that Ayatullah Al-Ozma Seyyid Al-Khui or
Ayatullah Al-Ozma Seyyid Al-Gulpaygani was A'lam as before than other
maraje, then it is wajib for him/her to continue on the taqleed in all
Masa'el mentioned in the books of the deceased Marja, and to follow
Ayatullah Al-Uzma Seestani's order in new Masa'el and in matters of
Huquq-e-Shar'i [i.e. religious taxes].

2. However, if the belief later on changes in respect of the above
mentioned deceased Marajae, i.e. now he believes that they were not
A'lam than Ayatullah Seestani, then the Mu'min should do Ayatullah
Seestani's taqleed totally in all masa'el.

3.  If a Mu'min who still believes that any of the above mentioned
deceased Maraje was A'lam as before and has done my (Ayatullah
Seestani's) taqleed totally, he/she should return to the taqleed of the
late Marja' in all Masa'el in the books of the late Marja (except for
new masael and Huquq-e-Shar'i as explained above).
_____________________

What I have explained above is the majority view.  On the other hand,
Ayatullah Fadlullah of Lebanon does not accept the condition that
the mujtahid to whom one does taqlid has to be a'lam.  He argues that
this is a subjective matter and lacks textual proof in our sacred
sources.  Thus, he allows one to do taqlid of any qualified mujtahid
irrespective of whether he/she is alive or dead.  That is, one can do
taqlid of mujtahids who died before we reached puberty (bulugh) or even
before we were born.  He also allows one to do taqlid of a woman
mujtahid. Furthermore, he permits one to do taqlid of several mujtahids
at the same time (tab'eed-ut-taqlid) - it could consist of mujtahids
who are alive and/or dead.

Finally, the choice of the mujtahid is left to each individual.  The
husbands can not impose their choice on their wives or children.  This
is made very clear by the late Ayat. Khumayni in "Istiftaa'aat," vol. 1
p. 13  wherein he writes that the wife is free to choose the mujtahid
of her choice, however, in other matters she should render obedience
to the husband where Islam requires and that she can not leave the
house without the permission of her husband.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Sources:  Al-Urwat-ul-Wuthqah with commentaries by marjas
          Minhaj-us-Salihin by Ayat. Khu'i
          Istiftaa'aat by Ayat. Khumayni
          Al-Masa'il-ul-Muntakhabah by Ayat. Seestani
          Al-Fatawa al-Wadihah by Ayat. Sadr
          Al-Masa'il-ul-Fiqhiyya by Ayat. Fadlullah