Category: Fiqh

Taqlid and Ijtihad — Following Scholarly Authority

التقليد والاجتهاد

Overview

Taqlid — the practice of following the rulings of a qualified Islamic scholar in matters of jurisprudence — is practiced in both Shia and Sunni Islam, but the two traditions differ significantly in how it operates. In Shia Islam, every Muslim who is not a mujtahid (qualified jurist) must follow a living marja' al-taqlid (source of emulation) — a senior scholar whose rulings guide the individual's religious practice. In Sunni Islam, taqlid historically meant following one of the four established schools of law (Hanafi, Maliki, Shafi'i, Hanbali), though the relationship between individual scholars and their followers operates differently. The concept of ijtihad — independent legal reasoning from the sources — also has a different status and history in each tradition.

Shia Position

In Shia Islam, taqlid is obligatory for any Muslim who has not reached the level of ijtihad. Each person must choose a living marja' al-taqlid — the most knowledgeable (a'lam) living scholar — and follow their rulings (fatwas) in matters of practice. The marja' issues a risalah (treatise of practical rulings) that covers all aspects of worship, transactions, and personal conduct. Ijtihad has remained continuously active in Shia jurisprudence, with each generation producing new mujtahids.

Evidence

  • [quran] Quran, Surah al-Nahl (16:43)
    The Quran states: "Ask the people of knowledge if you do not know" (16:43, 21:7). Shia scholars cite this verse as the Quranic basis for taqlid — those without knowledge must follow those with knowledge. Since jurisprudence requires years of specialized study, the average Muslim is obligated to follow a qualified scholar rather than attempting to derive rulings independently.
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  • [hadith] Kamal al-Din, Shaykh al-Saduq
    The narration of Imam al-Mahdi — "As for newly occurring events, refer to the narrators of our hadith, for they are my proof upon you" — is interpreted as establishing the authority of qualified scholars during the occultation. The marja' system is understood as the practical implementation of this instruction, with senior scholars serving as the Imam's representatives in guiding the community.
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  • [scholarly] WikiShia — Taqlid
    The requirement to follow a living marja' — rather than a deceased one — is a distinctive feature of Shia taqlid. The reasoning is that a living scholar can address contemporary issues, revise rulings based on new circumstances, and provide guidance that is responsive to the times. Shaykh al-Ansari (d. 1864) and later scholars established this principle as the predominant view in Shia jurisprudence.
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Reasoning

The Shia system of taqlid is designed to maintain a living, responsive chain of jurisprudential authority during the Imam's occultation. The requirement to follow a living marja' ensures that Islamic law remains dynamic — capable of addressing new questions in each era rather than being frozen in historical rulings. The continuous practice of ijtihad means that each generation of scholars can engage directly with the sources (Quran, hadith, reason) and produce fresh legal reasoning. This creates a balance between stability (following qualified scholarship) and adaptability (new ijtihad for new circumstances).

Sunni Position

In Sunni Islam, taqlid historically meant following one of the four established schools of law. The "gates of ijtihad" — whether they were closed after the early centuries or remained open — has been debated for centuries. In practice, most Sunni Muslims follow the rulings of their school of law rather than a specific living scholar, though the modern Salafi movement has promoted a return to direct engagement with the Quran and Sunnah without adherence to a specific school.

Evidence

  • [scholarly] WikiShia — Four Sunni Schools of Law
    The four Sunni schools of law — Hanafi, Maliki, Shafi'i, and Hanbali — were established by the 9th-10th centuries CE and became the primary vehicles for Islamic jurisprudence. Following one of these schools provided a comprehensive framework for religious practice. The stability of the four-school system is considered a strength, providing consistency and preventing the fragmentation that might result from every scholar issuing independent rulings.
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  • [hadith] Sahih al-Bukhari, Hadith 7352
    The debate over whether the "gates of ijtihad were closed" is complex. Scholars like al-Ghazali, Ibn al-Salah, and others argued that after the foundational period, taqlid of established schools was necessary. Others, like Ibn Taymiyyah and later the Salafi movement, argued that ijtihad remains obligatory for qualified scholars in every era. The Prophet said: "When a judge exercises ijtihad and is correct, he has two rewards; if he exercises ijtihad and errs, he has one reward" (Sahih al-Bukhari).
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  • [scholarly] Wikipedia — Madhhab
    Modern Sunni practice varies: traditional communities follow their local school of law, while Salafi-influenced communities encourage direct reference to the Quran and Sunnah without school-specific intermediation. This internal diversity means Sunni taqlid is not monolithic — it ranges from strict school adherence to anti-school populism.
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Reasoning

Sunni reasoning on taqlid varies by orientation. Traditional Sunni scholars argue that the four schools represent the culmination of jurisprudential thought and that following them is the safest path for ordinary Muslims. The established schools provide tested, comprehensive, and internally consistent bodies of law. Reformist scholars argue for reviving ijtihad and direct engagement with the sources. Both streams agree that unqualified Muslims should follow knowledgeable authorities; the disagreement is whether those authorities are living individuals (as in the Shia system) or established school traditions.

Point of Disagreement

The primary differences are: (1) Shia taqlid requires following a living individual scholar (marja'), while Sunni taqlid traditionally follows an established school of law; (2) ijtihad has remained continuously active in Shia jurisprudence, while its status in Sunni Islam has been debated; and (3) the Shia system produces dynamic, era-specific rulings, while the Sunni school system provides greater historical consistency.

The "living marja'" requirement in Shia Islam means that religious authority is always vested in an identifiable, accessible individual who can be questioned, who issues new rulings, and whose authority ends at death (requiring the follower to choose a new marja'). The Sunni school system, by contrast, follows the cumulative rulings of a school built over centuries. Each model has advantages: the Shia system is more responsive to contemporary issues; the Sunni system provides greater stability and reduces dependence on individual scholars. The Salafi challenge to the school system within Sunni Islam has created an interesting parallel with Shia ijtihad — both advocate for fresh engagement with the sources, though through very different methodologies.

Critical Analysis

Historical Analysis

  • The Continuity of Ijtihad in Shia Islam

    Shia jurisprudence never experienced a "closing of the gates of ijtihad." From the time of the Imams through the scholars of the Occultation era — including al-Kulayni, al-Saduq, al-Tusi, al-Hilli, and up through modern maraji' like al-Sistani — each generation has produced independent mujtahids who engage directly with the sources. This continuity means Shia law has developed organically over centuries, with each scholar building on predecessors while adding new analysis. The Usuli school, which dominates modern Shia jurisprudence, explicitly mandates ijtihad for qualified scholars.

  • The "Closing of Ijtihad" Debate in Sunni Islam

    The notion that the "gates of ijtihad were closed" after the early centuries is contested by many modern scholars. Wael Hallaq and other academics have argued that ijtihad never fully ceased in Sunni Islam — scholars always engaged in limited forms of legal reasoning even while formally adhering to a school. However, the practical reality is that school-based taqlid dominated Sunni jurisprudence for centuries, and the call for revived ijtihad (by Ibn Taymiyyah, Muhammad ibn Abd al-Wahhab, and modern Salafis) has been met with resistance from traditional scholars.

Logical Analysis

  • The Advantage of a Living Authority

    The requirement to follow a living marja' has a significant practical advantage: a living scholar can issue rulings on issues that did not exist in previous centuries (bioethics, digital transactions, modern warfare, etc.). A legal system that can only reference historical rulings must either stretch old categories to cover new realities or acknowledge gaps. The Shia system's built-in mechanism for contemporary ijtihad — through the living marja' — provides a more adaptive framework for applying Islamic law to modern life.

  • Accountability and Accessibility

    A living marja' can be consulted, questioned, and held to account. Followers can write to their marja' with specific questions (istifta') and receive personalized rulings. This creates a direct relationship between scholar and follower that historical school adherence cannot replicate. The marja' system also creates a form of market-based accountability: if a marja's rulings are seen as too extreme or too lenient, followers may shift to a different marja'. This mechanism, while informal, provides a check on scholarly authority.

Conclusion

The Shia system of taqlid — with its requirement of a living marja', continuous ijtihad, and individual scholar-follower relationships — represents a more dynamic and adaptive approach to Islamic jurisprudence than the traditional Sunni school-based model. The living marja' can address contemporary issues, be consulted directly, and revise rulings when circumstances change. The Sunni school system offers stability and historical depth but faces challenges in adapting to modern questions without mechanisms for fresh ijtihad. Both systems recognize the fundamental principle that non-specialist Muslims should follow qualified scholars; they differ on who those scholars are, whether they must be alive, and how much fresh legal reasoning they can exercise. The modern Salafi critique of school-based taqlid within Sunni Islam inadvertently moves toward a model that shares some features with Shia ijtihad — though the two approaches differ greatly in methodology and authority structures.

Quick Reference

  • In Shia Islam, every non-scholar Muslim must follow a living marja' al-taqlid (source of emulation).
  • In Sunni Islam, taqlid traditionally means following one of the four established schools of law.
  • Ijtihad has remained continuously active in Shia jurisprudence; its status in Sunni Islam has been debated.
  • The Shia requirement of a living marja' allows for rulings on contemporary issues like bioethics and technology.
  • Followers can submit specific questions (istifta') to their marja' for personalized rulings.
  • The Quran instructs: "Ask the people of knowledge if you do not know" (16:43) — the basis for taqlid.
  • Both systems agree non-specialists should follow scholars; the disagreement is about how that authority operates.

Sources