Alhassanain(p) Network for Heritage and Islamic Thought

Translator's Preface

In the name of Allah, the Beneficent, the Merciful.

May Allah send His blessings upon Muhammad and his progeny.

Writing the manuals of Islamic laws for use by Muslims is an evolutionary process, reflecting the change in lifestyles and the relevance (or the lack of it) of certain problems and issues that vary from time to time and place to place. The spirit and the purpose remain constant but the style and the format change.

In the present century we first saw the widely used Tawdihu 'l-Masa'il in Persian (also known as risala-e 'amaliyya), and then came the Minhaju 's-Salihiyn in Arabic by the late Ayatullah al-Hakim (which was later expanded by the late Ayatullah al-Khû'i and even further improved by Ayatullah as-Sistani). In mid seventies, the late Ayatullah Sayyid Muhammad Baqir as-Sadr brought about a completely new style in his al-Fatawa al-Wadiha.

The present book, al-Fiqh lil Mughtaribin by Hujjatul Islam Sayyid 'Abdul Hadi al-Hakim, is a further development in the same line of change and continuity. Sayyid 'Abdul Hadi's distinction is that he has focused on the problems and issues faced by the Muslims in the West, formulated those questions, and compiled their answers without going into details that can be easily obtained from other commonly used sources of Islamic laws. And so it was indeed a great pleasure when I was asked to undertake the translation of this book into English.

A Note on Translation: I have been quite liberal while translating the author's Introduction but had to strictly abide by the wording and expressions as they appeared in the original in the latter and the major part of the book. This was done to ensure the accuracy in conveying the views of the Grand Ayatullah as-Sistani.

This translation is based on the first Arabic edition of 1998 but with quite a few changes and amendments done by the Fatwa Committee of the Office of Ayatullah as-Sistani in Qum. And so those who would compare this translation with the first Arabic edition should keep this fact in mind. The changes were of various length and nature: in some instances, words, phrases and sentences were changed or added to further explain the problem;1 in some cases, the rulings have changed;2 and in three cases, the items were deleted completely.3

Moreover, in some instances I had asked for further elaboration that was kindly provided by the Committee.4 I have also taken the liberty of changing the placement of certain rulings so that similar issues are found in the same section. For the same reason, in Part Two, I have switched the sequence of two chapters: Chapter 8 ("Youths' Issues") and Chapter 9 ("Women's Issues) since women's issues are much closer to issues of Chapter 7 on "Marriage". Interestingly this is the order that the author himself has listed pages 31 and 136 of the Arabic but has somehow changed it in the final printing. I have written some footnotes to clarify the meaning and have also added a short list of "Frequently Used Terms" at the beginning of each chapter.

I pray to Almighty Allah to accept this work as a humble attempt in simplifying His laws for the Muslims in non-Muslim societies, and may He reward the author and grant long life to the Ayatullah as-Sistani on whose expert opinion this book is based.

Toronto

Sayyid Muhammad Rizvi

Shawwal 1419 / February 1999

Notes

1. See for example items 16m 20, 23, 29-30 on p. 37-39; item 11, p. 56; item 96, p. 100; item 178, p. 149; item 301, p. 203; item 383, p. 251. All page numbers in this note refer to the first Arabic edition.

2. See, for example, item 114 on p. 110 on sighting of the new moon.

3. See item 218 (p. 168), item 285 (p. 191), and item 269 (p. 187) in the first edition.

4. See item 115 in this translation on the criterion of following the moon sighted in a city west of your own city.

Author's Preface

In the name of Allah, the Beneficent, the Merciful.

It is a pleasure for me to present to the respected readers my book, al-Fiqh lil Mughtaribin, according to the views: of his eminence Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-Seestani (May Allah prolong his blessed presence among us).

This book is the first attempt at writing Islamic laws For Muslims who have settled in non-Muslim Countries. Muslims who were compelled to leave their countries and the places where they grew up, and had to migrate to non-Muslim countries in which they now live under different laws and systems, dissimilar values and rules, and unfamiliar customs and habits. The modes of conduct and manners of the host societies are greatly at variance with what the guests were used to; there is a wide gulf between their own upbringing and the values of the host countries. Consequently, new problems have emerged and a number of questions arose that called for answers - answers that would clarify the ambiguous, enlighten the obscure, guide the stray, and brighten the darkness.

From this came the need for writing a book that would deal with the various practical problems of immigrant Muslims, and provide answers and present solutions for them.

It was against this background that al-Fiqh lil Mughtaribin was written with a detailed introduction, followed by two parts with each part branching out into various chapters which contain new questions, issues that had not been charted before, and problems that have not been discussed in most Manuals of Islamic Laws and other commonly used books of Islamic Jurisprudence. Hopefully these parts and chapters will act as a stimulus for further questions that the learned reader may raise; and I will be greatly pleased to receive those queries so that they may be included with their answers in future editions, insha Allah.

Islamic Laws for Muslims in non-Muslim Countries is the third attempt following two other books "al-Fatawa al-Muyassara" (Jurisprudence Made Easy) and "al-Muntakhab mina 'l-Masa'ili 'l-Muntakhabah" (Current Legal Issues) through which I hope to have contributed to the process of making Islamic laws accessible, and endear them, to lay people. If I have succeeded in my aim, all praise is due to Allah; and if I have not, it is sufficient that I have tried "and my success is not but from Allah, and in Him I place my trust and to Him I turn."

I had the privilege of reading some chapters of this book to my respected father (may Allah prolong his life) during his stay with me in London when he came for treatment. His guidance has indeed enriched this book.

I pray to the Almighty Allah that He may accept this work with a good acceptance I am grateful to those who helped me in completing this book. I would like to especially thank His Eminence the Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-Seestani (may Allah prolong his blessed presence) who took upon himself the trouble to provide the answers to the questions. I am also grateful to the offices of the Grand Ayatullah in Najaf [Iraq], Qum [Iran], and London for helping me in ensuring the accuracy of what I have written and in ensuring that it is in accordance with the views of the Ayatullah.

"Our Lord! Do not punish us if we forget or make a mistake. Our Lord! Do not lay on us a burden as Thou did lay on those before us. Our Lord! Do not impose upon us that which we have not the strength to bear; and pardon us and grant us protection and have mercy on us. Thou are our Master, so help us against the unbelieving people."

'Abdul Hadi as-Sayyid Muhammad Taqi al-Hakim

27 Ramadhan 1418 / 26 January 1998

Migration to Non-Muslim Countries

Introduction

A Muslim who is born and raised in a Muslim country where he consciously and subconsciously absorbs the laws, values and teachings of Islam, grows up into a young person who is aware of the customs of his religion, following its path and is led by its guidance. On the other hand, a Muslim who is born, and brought up in a non-Muslim country demonstrates the influence of that environment very clearly in his thoughts, ideas, behaviour, values, and etiquette unless his Lord helps him. This un-Islamic influence is seen more in the second generation of those who have migrated to non-Muslim countries.

This was the reason for Islam's view on at-ta'arrub ba'd al-hijra as reflected in many ahadith. At-ta'arrub ba'd al-hijra literally means "becoming shorn of one's percepts of faith after migrating [to city]," and technically, it means leaving an environment where you could follow Islam and moving to a place where you maybe prone to not following Islam. Such a migration is counted as one of the major sins. Abu Basir says that he heard Imam as-Sadiq (a.s.) saying: "The major sins are seven: killing a person intentionally; associating someone or something with the Almighty Allah (shirk); wrongfully accusing a married woman of adultery; Knowingly dealing in usury; running away from the battle-field in jihad; at-ta'arrub ba'd al-hijra; causing distress to one's parents [by encroaching on their rights]; and wrongfully acquiring the property of the orphan." Then he said, "At-ta'arrub and shirk are one and the same [in severity]."1

Ibn Mahbûb narrates that some of our companions wrote through me a letter to Imam al-Hasan al-'Askari (a.s.) asking him concerning the major sins. He (a.s.) wrote: "The major sins are the ones for which Allah has threatened with the Hell-Fire; the one who refrains from them, He will forgive his sins if he is a believer. Those seven which cause [one to burn in Hell Fire] are: killing an innocent person; causing distress to one's parents [by not upholding their rights]; dabbling in usury; at-ta'arrub ba'd al-hijra; wrongfully accusing a married woman of adultery; unlawfully confiscating the property of the orphan; and running away from the battle-field in jihad."2

Muhammad bin Muslim narrates from Imam as-Sadiq (a.s.): "The major sins are seven; intentionally killing a believer; wrongfully accusing a married woman of adultery; running away from the battle-field in jihad; at-ta'arrub ba'd al-hijra; unlawfully confiscating the property of the orphan; dabbling in usury; and every act for which [the punishment of] the Fire has been promised"?3

'Ubaydullah bin Zurarah narrates that he asked Imam as-Sadiq (a.s.) about the major sins. The Imam said, "In the book of [Imam] 'Ali, they are seven: disbelieving in Allah; killing a person; causing distress to one's parents; dabbling in usury; unlawfully confiscating the property of the orphan; running away from the battle-field in jihad; at-ta'arrub ba'd al-hijra." Then he asked, "So these are the most major of sins?" The Imam replied, "Yes."4

Imam ar-Rida (a.s.) explained the prohibition of at-ta'arrub ba'd al-hijra as follows: "Since there is the danger that because of at-ta'arrub, he [the immigrant] might abandon [Islamic] knowledge, get involved with the ignorant people, and drift away"5

This, however, does not mean that entering non-Muslim countries is always forbidden. Other ahadith had described for us the reward of one who visits non-Muslim lands, the reward that every Muslim longs for. Hammad al-Sindi narrates that he asked Imam as-Sadiq (a.s.), "I visit the cities of polytheism [i.e., of the polytheists]; and there are some among us who say that 'if you die over there, you will be raised [in the Hereafter] along with them.'" The Imam asked me, "O Hammad, when you are over there do you talk about our affair [i.e., our truth] and call [people] to it?" I replied, "Yes." The Imam asked me, "When you are in these cities, the cities of Islam, do you talk about our affair and call [people] to it?" I replied, "No." The Imam said, "If you die over there [in the land of the non-Muslims], you will be raised as an ummah by yourself, and there will be light in front of you!"6

General Rules

Based on these and other similar ahadith, and other religious proofs, the jurists (mujtahidin) have issued the following rulings:

1. It is recommended for a believer to travel to non-Muslim countries for the purpose of spreading the religion [of Islam] and its teaching, provided that he can safeguard himself and his young children against the dangers of loss of the faith. The Prophet said to Imam 'Ali, "If Allah guides a person from among His servants through you, then that is better than everything between the east and the west on which the sun shines."7 When asked by a person for a counsel, he said, "I advise you not to associate anything with Allah...and to call the people to Islam. You should know that [the reward] for you for each person who answers [your call] is [equal to] emancipating a slave from the children of [Prophet] Ya'qûb."8 (See the question-answer section below.)

2. A believer is allowed to travel to non-Muslim countries provided that he is sure or has confidence that the journey would not have a negative impact on his faith and the faith of those who are related to him.

3. Similarly, a believer is allowed to reside in non-Muslim countries provided that his residing there does not become a hurdle in the fulfilling of his religious obligations towards himself and his family presently as well as in future. (See the question-answer section below.)

4. It is haram to travel to non-Muslim countries in the East or the West if that journey causes loss of the faith of a Muslim, no matter whether the purpose of that journey is tourism, business, education, or residence of a temporary or permanent nature, etc. (See the question-answer section below.)

5. If the wife strongly feels or is sure that her travelling with the husband [to a non-Muslim country] will result in loss of faith, it is haram for her to travel with him.

6. If the baligh9 boys or girls strongly feel that their journey [to the non-Muslim country] with their father or mother or friends will cause loss of faith, it is haram for them to travel with those people.

7. What do the jurists mean when they speak of, "loss of faith"? It means either committing a forbidden act by indulging in minor or major sins like drinking intoxicant, adultery, eating forbidden meat, or drinking najis (impure) drinks, etc. It also means abandoning the fulfillment of a compulsory act like neglecting salat, fasting, hajj and other obligations.

8. If circumstances force a Muslim to migrate to a non-Muslim country with the knowledge that the migration will cause loss of faith (e.g., a person seeks political asylum in a non-Muslim country in order to save his life), it is permissible for him to make that journey to the extent that it saves his life, and not more than that. (See the question-answer section below.)

9. If an immigrant Muslim, residing in a non-Muslim country, knows that his stay in that country will lead to loss of faith or of that of his children, it is wajib on him to return to one of the Muslim countries. (See the questions at the end of this section.) As mentioned above, this loss of faith is realized by neglecting the obligatory acts or by committing sins.

10. The obligation to return to a Muslim country applies only if it does not lead to death [for example, for a political opponent who has fled his own country], or to putting him in untenable situation or, to an emergency situation where religious obligations are suspended (e.g., the necessity of preserving life which allows a person to eat haram meat in order to prevent his own death from starvation).

11. If the journey is haram for a person, then his journey will be considered "a journey of sin;" and, in such cases, he loses the benefit of the concession of praying (qasr) in four -rak'at salat and also the benefit of not fasting during the month of Ramadhan. As long as his journey maintains the status of "sin," he cannot benefit from such concessions provided by the shari'a for travellers.

12. A son is not allowed to disobey his parents when they forbid him from travelling, if their refusal to give permission is out of their concern for the son, or if his journey will cause distress to them because of his separation from them - provided that he does not suffer loss by not travelling.

13. It is permissible to approach the competent authorities [like police and the justice system in a non-Muslim country] for various important issues -like prevention of harm befalling the person, the honour and the property of a Muslim- provided that it is the only way for exacting one's right and preventing injustice.

Questions and Answers

14. Question: What is the meaning of at-ta'arrub ba'd al-hijra which is one of the major sins?

Answer: Some jurists have said that during our time, it applies to residing in countries that may cause the loss of faith. It means the migration of a person from a country -where it is possible for him to learn the obligatory religious teachings and laws, and where it is possible for him to fulfill his obligations and refrain from what is forbidden- to a country where this possibility does not exist fully or partially.

15. Question: A believer residing in Europe, America and other similar countries feels estranged from the religious environment in which he was born and raised. Neither does he hear the voice of the Qur'an [recited from mosques] nor the sound of the adhan10 coming [from the minarets]; and there are no holy shrines, and their spiritual atmosphere, that he can visit. Is leaving such an Islamic environment of his country and its positive aspects considered "loss of faith"?

Answer: This is not the loss of faith that would make residing in a non-Muslim country haram for that person. However, staying away from such a religious environment may, with the passage of time, weaken the religious resolve of the immigrant to an extent that he may consider negligence of wajib deeds and committing of sins as insignificant. If a person has this fear that he might lose the faith in this manner, then it is not permissible for him to take residence in that country.

16. Question: Sometimes a Muslim residing in Europe and America (and other similar places) indulges in haram activities that he would not have done, if he remained in his Muslim country. The manifestations of temptation in non-Muslim societies may attract a Muslim to committing haram deeds even if he is not inclined towards them. Does this come under the banner of "loss of faith" that makes it haram for him to stay in that country?

Answer: Yes; unless the sins he sometimes indulges in, and without insisting upon them, they are of the minor category.

17. Question: At-ta'arrub ba'd al-hijra has been described as "migrating to a country in which the religious knowledge of the immigrant will decrease, thus becoming more alienated from his faith." Does this mean that a Muslim in such countries is duty bound to be extra vigilant lest he should become alienated from his faith?

Answer: The extra care becomes wajib when not being mindful leads to loss of faith as described earlier.

18. Question: If a religious preacher who is mindful of his faith starts facing more situations where he commits haram deeds because of the social environment (e.g., nudity and indecent exposures), is it haram for him to stay in those countries; that is, should he stop propagation (tabligh) and return to his own country?

Answer: If he indulges in some minor sins occasionally, then it is not haram for him to stay in that country, provided that he is confident that he would not be tempted to commit more serious sins.

19. Question: If an immigrant fears the loss of faith for his children, is it haram for him to stay in that non-Muslim country?

Answer: Yes, the same rule applies to himself also.

20. Question: Is it wajib on the immigrants in Europe and America (and other similar countries) to strive for teaching their children Arabic, and that ignorance of Arabic may lead in the future to ignorance of the main Islamic body of knowledge, and that will naturally lead to less familiarity with religious teachings and loss of faith?

Answer: To teach them Arabic is wajib only to the extent which is necessary for performing their religious duties that have to be done in Arabic (e.g., recitation of the Opening chapter of the Qur'an, a second chapter, and other wajib recitations in salat). Teaching more than that is not wajib as long as it is possible to provide them with religious knowledge in a foreign language.

Of course, it is recommended to teach them the holy Qur'an [in Arabic]; rather it is important to teach them Arabic in a precise form so that they may benefit from the basic sources of Islamic teachings, especially, and foremost among them, after the holy Qur'an, is the Prophetic sunna and the sayings of the Ahlul Bayt (peace be with them all).

21. Question: If it is possible for a Muslim to reside in a Muslim country with some financial difficulty compared to his present situation, then is it wajib on him to travel to that Muslim country and leave leave his residence in Western countries?

Answer: It is not wajib [to leave the Western country] except if he has no confidence in himself, in that he may lose his faith -as explained earlier- while residing in the foreign country.

22. Question: If a person has the ability to propagate Islam to non-Muslims or to disseminate religious knowledge among Muslims in non-Muslim countries without any danger of losing his own faith, is it wajib on such a person to do propagation (tabligh)?

Answer: Yes, it is wajib kifa'i upon him and all the others who have the ability to propagate [Islam].

23. Question: Is it permissible for a person to buy a passport [i.e., to illegally obtain a passport] or change the picture in the passport so that he may be able to enter a country, and then he would let the immigration officials of that country know the truth about his identity?

Answer: We do not allow it.

24. Question: Is it permissible for a person to reside in non-Muslim countries with all its temptations that confronts the person on the street, the school, the television and other media while he has the ability to migrate to a Muslim country although that transfer would cause difficulty in residence, loss of material wealth and comfort, and constrain the worldly aspects of his life? If it is not permissible to remain in such a country, would his efforts in propagation among the Muslims (reminding them of their obligations and encouraging them to refrain from haram) change the rule for him and allow him to remain in that country?

Answer: It is not haram to stay in that country, if it does not create hurdles for him and his family in fulfilling their religious obligations presently as well as in future; otherwise, it would not be permissible even if he is engaged in some kind of propagation activities. And Allah knows the best.

Notes

1. Muhammad bin Ya'qûb al-Kulayni, al-Usûl min al-Kafi, vol. 2, p. 281.

2. Ibid, p. 277.

3. Ibid.

4. Ibid, p. 278.

5. Al-Hurr al-'Amili, Tafsilu Wasa'ili 'sh-Shi'a, vol. 15, p. 100.

6. Ibid, vol. 16, p. 188.

7. Al-Hurr al-'Amili, Tafsilu Wasa'ili 'sh-Shi'a, vol. 16, p. 188.

8. Ibid.

9. Translator's Note: Baligh means the legal age in Islamic laws which for boys starts at fifteen lunar years and for girls at nine lunar years. Growth of pubic hair or sexual discharge is also a sign of attaining the age of maturity.

10. Translator's Note: Adhan means the call for prayer announced at prayer times from the mosques.

Taqlid: Following a Jurist

Introduction

Taqlid means acting according to the opinion of the jurist (mujtahid) who has all the necessary qualification to be emulated. So you do what the mujtahid's expert opinion says you should do, and refrain from what his expert opinion says you should refrain from without any research [in Islamic sources] on your part. It is as though you have placed the responsibility of your deeds squarely on his shoulders.

Among the conditions which must be found in a jurist (mujtahid) who can be followed is that he must be the most learned (al-a'lam) jurist of his time and the most capable in deriving the religious laws from the appropriate sources.

General Rules

Now it is appropriate to clarify the following issues:

25. A person who does not have the ability to extract and derive the religious laws must take up taqlid of the most learned mujtahid. The deeds of such a person without taqlid or ihtiyat are null and void.

26. The most learned mujtahid (al-a'lam) is the most capable in deriving the religious laws from their sources.

27. In order to determine who is the most learned mujtahid, one must refer to the ahlul khibra (those who are sufficiently knowledgeable in Islamic jurisprudence). It is not permissible in this matter to refer to a person who has no expertise in this subject.

28. You can know the opinion (fatwa) of your marja' by one of the following methods:

a. By hearing the ruling from the mujtahid himself.

b. By being informed about the mujtahid's fatwa by two just men or by a reliable person.

c. By referring to the Manual of Islamic Laws (risala) of the marja' or other books of that category.

29. When the most erudite mujtahid has no fatwa on an issue or if it is not possible for the layman to find the opinion of his marja' when he needs it, he can then refer to another mujtahid who is the second best in the line of hierarchy of being a'lam.

Questions and Answers

30. Question: The jurists tell us that it is wajib to emulate the most learned (a'lam) mujtahid, and when we ask the religious scholars in our area, "Who is the a'lam?" we do not get a clear-cut answer so that we may follow his fatwa. When we ask them about their answer, they say that they are not ahlul khibra and they also say that: "we have asked ahlul khibra1 and have been informed that identifying the a'lam mujtahid requires the study of the books of the mujtahids and that obviously is a time consuming and difficult task; so go and ask the others."

If the problem of identifying the a'lam mujtahid is so difficult in religious circles, obviously the problem would be even more difficult in other countries like Europe and America. After a lot of difficulty when we convince the youths of these countries that it is necessary to abide by the shari'a laws, we reach to the question of who is the a'lam, and find ourselves lost for words. Is there a solution to this problem?

Answer: If there are some ahlul khibra who refuse to identify the a'lam for one reason or another, there are other ahlul khibra who readily identify him. It is possible to contact those ahlul khibra through the religious scholars and others who are reliable and have contacts with religious seminaries and with the scholars in other countries. So, although identifying the a'lam is not without difficulty, yet it is not a serious problem.

31. Question: How do we know who ahlul khibra are so that we may ask them about the a'lam mujtahid? How do we reach them since we are far away from religious seminaries? Is there a way that can simplify for us the process of determining whom we should follow in taqlid?

Answer: The ahlul khibra are the mujtahids and those next in line in religious sciences, and they know quite well that one person in a limited group of mujtahids is the a'lam. And they have to consider the following three things to identify that a'lam:

a. First: His knowledge concerning the methods for providing the authenticity of the hadith, and that involves 'ilmu 'r-rijal (the science of narrators of hadith) and 'ilmu 'l-hadith (the science of hadith). On this subject, issues like familiarity with the books [of hadith] and the ahadith that have been tampered with; knowledge of causes for fabrication [of ahadith]; variance in the manuscripts and distinguishing the most correct one; and being aware of confusion which sometimes occurs between the text of a hadith and the explanation of the compilers, are of utmost importance.

b. Second: His ability to understand the meaning of the text by considering the general rules of speech, especially the style used by the Imams of Ahlul Bayt (a.s.) in describing the laws. The science of 'usûlu 'l-fiqh (Principles of Jurisprudence), Arabic grammar and literature, as well as familiarity with the views of the Sunni jurists who were contemporaries of the Imams play an important role in the understanding of the hadith texts.

c. Third: Soundness of his view in deriving the rules from the sources. And the method of getting acquainted with those in whom the status of a'lam is confined to having scholarly discussions with them or to referring to their books or to the transcripts of their lectures on Jurisprudence and the Principles of Jurisprudence.

If a person cannot know the ahlul khibra by himself, he can come to know them through the religious scholars and others whom he trusts. The geographical distance should not be a barrier to establishing communication with them in this era where many fast means of communication are easily available.

32. Question: Sometimes the heart feels at ease in regard to a particular mujtahid. Is this feeling sufficient to do his taqlid if the ahlul khibra have difference of opinion in determining the a'lam?

33. Answer: If the ahlul khibra have difference of opinion in determining the a'lam, one must follow the view of those who are more qualified and capable among the ahlul khibra. This is the norm in dealing with all cases where the experts have difference of opinion.

34. Question: If the ahlul khibra have difference of opinion in determining the a'lam mujtahid or just say that following any one from the given number of mujtahids is sufficient, can a person apply the fatwa of one mujtahid in one issue and another mujtahid in another until it becomes clear for him who is the a'lam?

Answer: This question has three parts:

d. First: That some ahlul khibra announce that "it is sufficient to follow one specific mujtahid or of a group of mujtahids." This has no religious value at all.

e. Second: That the ahlul khibra announce that two or more mujtahids are equal in knowledge and piety (in the sense of being careful in deriving the laws [from their sources]), then a lay person has the option of acting according to the views of any one of the mujtahids in all the issues.

However, as a matter of precaution (ihtiyat) in some issues, if possible, one could act in such a manner as to fulfill the requirements of both views; for example, in the case of praying concessionary qasr and full (tamam) prayers. [That is, praying the same prayer in qasr as well as in tamam forms.]

f. Third: That some ahlul khibra announce that mujtahid 'a' is the a'lam whereas others among the ahlul khibra announce that mujtahid 'b' is the a'lam. This can have two situations:

i. A person knows that one of the two mujtahids is the a'lam but he does not know which one specifically. This is a very unusual situation and it has been discussed in detail in Minhaju 's-Saliheen, question No. 9.

ii. A person does not know which of the two is the a'lam in the sense that he thinks both are equal in knowledge. This refers back to the second of the three parts mentioned above, provided that the person is unable to identify the more Godfearing of the two mujtahids. If he is able to identify the more Godfearing of the two mujtahdis, he must follow the fatwa of that mujtahid.

35. Question: If a person does not know the view of his marja', in a certain problem, is it necessary for him to find out about it even if it involves expensive telephone calls? Or is it sufficient to act on the known view of any other mujtahid until he finds out the view of his own marja'? And in such a case what will be the verdict on the past acts [done according to the view of the other mujtahid] if it differs from the view of his own marja'?

Answer: It is necessary for him to find out the view of his a'lam marja' even through telephone contact as long as it does not cause him harm [physically or financially]. If it is not possible for him to find out the view [of his own marja'], it is permissible for him to refer in that particular case to the other mujtahids, taking into account the hierarchy of the al-a'lam and the next a'lam in line. The deeds performed according to the view of the second mujtahid would be valid even if the worshipper later on finds out that it was not in accordance with the view of his own marja'.

Note

1. Translator's Note: See rule no. 26 for meaning of ahlul khibra.