are under the obligation to follow the guidance of the mujtahids
," (89) and laymen must adhere to the mujtahid
's "authority without questioning either his textual evidence or the line of reasoning he adopted in a particular case.
91) He argued further that the idea of closing the gate of Ijtihad or the notion of the extinction of Mujtahids
did not appear during the first five Islamic centuries.
The counterargument is that for Shia mujtahids
, ijma is valid only when it is taken from the masoom's opinion; otherwise the ijma is ont valid on its own .
This person is relied on in his transmitting and in his fatwa in what he relates from the writings of his madhhab from the texts of his imam, and the branching of the mujtahids
in his madhhab, and the same goes for what he doesn't find to be transmitted if its meaning is found to be transmitted, such that he realizes without a great deal of thought that there is no difference between the two; it is permissible to adhere to it and give fatwa based on it.
(scholars of Islamic law) have been unable to come to an agreement over a single style or method for changing or overthrowing tyrannical or repressive regimes.
The Experts Assembly of Iran is a deliberative body of 86 Mujtahids
The law banned all Iranians from wearing religious dress except for certain state-defined categories of clerics, including mujtahids
with certificates of ijtihad recognized by a marja, clerics in rural areas who had passed the necessary exams, Sunni clerics with permission to issue fatwas, mosque leaders, seminarians with a clerical certificate issued by the Ministry of Culture, seminary teachers, clergymen of other religions and those with permission from a mujtahid
to transmit or teach the hadith (sayings of the Prophet Muhammad and the twelve Shiite imams).
Beyond that theme, the articles traverse broad chronological and topical ground, offering examinations of such subjects as the Nujtavi movement of the 15th to 17th century, the reactions of mujtahids
(religious scholars) to Christian evangelicalism in the early 19th century, the nature of the clerical hierarchy and the emergence of the "source of emulations" in the 19th century as the form of clerical authority, the changes in understandings of clerical authority promoted by Ayatollah Khomenei, the role of the American "Great Satan" in achieving discipline over the revolutionary self and its roots in the demonology of Cold War propaganda, and expressions of popular piety in contemporary Iran.
In Shi'i legal theory, God is the fountainhead of the Law, and enforces this Law through the Imam, who in turn is served by the mujtahids
(scholars of ijtihad-qualifications) for the interpretation of the law and by the heads of Shi'i temporal states.
The Western academic literature on Islamic law makes much of the jurisprudential claim that the gates of ijtihad were closed in the 10th century--after this point, jurists were more often than not muqalids (imitators) rather than mujtahids
, leading to a pervasive "stagnation" of not only intellectual contributions, but Islamic civilization more generally.
The first group is headed by Ayatollah Ali Akbar Hashemi Rafsanjani, former Iranian president, and the current Chairman of the Assembly of Experts (a deliberative body of Mujtahids
that is charged with electing, monitoring, and dismissing the supreme leader of Iran) and Chairman of the Expediency Discernment Council of Iran.
After Khoi's death in 1992, Sistani and Muhammad Sadiq al-Sadr, the father of Muqtada al-Sadr, remained the most-recognized mujtahids