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replies to inquiries about the practical laws of islam the english version of ajwibah al-istift`t grand ayatollah sayyid ali hosseini khamenei

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rules of taqld 6 options caution ijtihd and taqld 6 conditions of t aqld 7 methods to know who is mujtahid the most learned mujtahid and to obtain his fatws 9 to change from one marji to another 10 to continue with following a deceased marji 10 miscellaneous issues of taqld 12 marji`iyyah and leadership 13 authority of the jurist leader and the edict of the authorized religious authority 13 purity 17 rules concerning the different types of water 17 rules of the lavatory 19 rules of wud 21 the rules for touching the names of allah the glorious and the verses of the qur an 26 rules of the ghusl of janbah 29 rules of an invalid ghusl 32 rules of t ayammum 33 rules pertaining to women 36 rules of the dead 37 rules of najis substances 43 ruling of intoxicants 47 obsession and its treatment 49 rules of non-muslims 50 prayer 55 importance and conditions of prayer 55 prayer times 56 qiblah 59 the place of praying 60 rules of a masjid 63 rules regarding other religious places 68 clothes of the praying person 69 wearing and using gold and silver 71 adhn and iqmah 72 recitation [of the ftihah and the other chapter and its rules 73 dhikr of prayer 77 rules of prostration 78 things that invalidate prayer 79 rules of greeting in prayers 81 doubt in prayers 81 qad prayer 83 qad prayers of the parents 85 congregational prayers 87 rule of incorrect recitation by a congregational prayer imam 92 congregational prayer led by a person lacking a body part 93 women s attendance in congregational prayer 93 performing congregational prayer behind sunns 94 friday prayer 95 the two `d prayers 100 a traveler s prayer 100 someone for whom traveling is a job or a preliminary for the job 101 rule of students 103 intent of traveling the shar distance and staying for ten days 104 tarakhkhus limit 107 a travel for the purposes of committing a sin 108 rules regarding the watan 108 wife s and children s following as far as watan is concerned 112 rules of large cities 113 prayer performed by hiring 113 2

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yt prayer 113 nfilahs 115 miscellaneous issues of prayers 116 fasting 117 pregnant and nursing women 119 illness and restriction by a physician 119 fast invalidators 121 remaining junub 122 masturbation 124 rules of breaking fasting 125 kaffrah of the fast and its amount 126 making up missed fasts 127 miscellaneous issues on fasting 129 sighting the new moon 131 khums 133 gift present bank prize dowry and inheritance 133 loan monthly salary insurance and retirement pension 135 selling a house means of transportation and lands 138 treasure the spoils of war and hall mixed with harm property 139 ma nah 141 mudwarah muslahah and khums mixed with other things 145 capital 148 the method of calculating khums 154 determining the khums year 157 the authority in charge of khums 158 sayyids share and how to be considered as a sayyid 159 areas in which khums is spent obtaining permissions gift and the monthly stipends paid by islamic seminaries 160 miscellaneous issues related to khums 163 anfl 164 jihad 166 enjoining the good and forbidding evil 167 conditions under which enjoining the good and forbidding evil becomes obligatory 167 how to enjoin the good and forbid e vil 169 miscellaneous issues 171 harm gains 174 trading in inherently najis merchandises 174 getting wages for obligatory actions 178 chess and gambling instruments 179 chess 179 gambling instruments 179 music and ghin 181 dancing 188 clapping 190 non-mahrams pictures and films 190 satellite television equipment 196 theatre and cinema 197 painting and sculpture 198 magic conjuring and evocation of spirits and jinn 200 hypnosis 200 lottery 201 bribery 202 purchasing and sales agents 204 medical issues 206 contraception 206 abortion 207 artificial insemination and in vitro fertilization ivf 209 3

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gender change 211 autopsy anatomical dissection and transplantation 211 circumcision 216 study of medicine 216 teaching learning and their proprieties 218 copyrights 221 dealing with non-muslims 223 working for oppressive states 225 clothing 226 treating the west 227 aping the infidels and spreading their culture 227 immigration and political asylum 229 spying defamation and disclosing secrets 230 smoking and narcotics 231 shaving the beard 233 attending gatherings of debauchery 235 writing supplications and istikhrah 237 religious events 238 commemoration 238 birthdays and festivals 243 hoarding and extravagance 243 buying and selling 245 terms of contract 245 conditions of the contracting parties 246 fudl sale 246 those with the right of disposal 248 terms of e xchanged items in a sale 255 conditions stipulated in the contract 258 miscellaneous sale issues 259 rules of revocation 263 1 revocation at the place of the deal 263 2 revocation due to defects found 263 3 revocation due to delay 263 4 stipulated right of revocation 263 5 revocation based on observation 264 6 revocation due to unfairness 264 7 revocable sale 266 8 revocation due to non-compliance with a condition 266 miscellaneous issues concerning revocation 267 attached property 270 delivery and receipt 270 credit and cash sale 272 prepurchase 273 buying and selling gold silver and money 274 miscellaneous issues in business 276 rules concerning rib 278 right of pre-emption 280 hiring renting and lease 282 sarqofl rulings 289 surety 293 pawning and mortgaging 293 4

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partnership 295 presents and gifts 301 debt and loan 309 sulh 315 power of attorney 318 bill of exchange 322 mustahabb alms 323 deposits and loaned properties 324 leaving a will 325 usurpation 338 placement under guardianship and signs of maturity 340 silent partnership 342 banking 347 bank prizes 354 working in the banking sector 354 rules of checks and bills of exchange 355 insurance 355 state property 356 working for state departments 358 state laws 360 taxes and fees 362 endowments 362 endowment conditions 363 conditions concerning the trustees of endowments 364 conditions concerning endowed properties 369 conditions concerning the beneficiary of endowment 370 endowment terminology 370 rules of endowment 371 habs 385 sale of endowment and changing its use 385 rules concerning graveyards 390 5

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rules of taqld options caution ijtihd and taqld q 1 is taqld an absolute rational issue or is it also grounded on jurisprudential evidence a taqld has its jurisprudential evidence in addition to reason which also admits that a person who is ignorant of religious rules should refer to a qualified mujtahid q 2 is it better in your opinion to act with caution or to follow a marji a acting according to caution depends upon knowledge of its cases instances in which it is applied and its method in addition acting according to caution is time consuming thus it is preferable to follow a qualified mujtahid q 3 what are the limits of acting upon caution with respect to the fatws of mujtahids is it necessary to take into consideration the fatws of the past mujtahids as well a acting according to caution when it is applicable means observing all jurisprudential probabilities so that the mukallaf feels confident that he is really doing his duty q 4 my daughter will reach the age of shar puberty in a few weeks and consequently she will have to select a marji to follow since she has some difficulties in understanding this matter kindly advise us about our duty in this regard a if she could not recognize her religious duty in this regard you should educate and guide her q 5 it is well-known among mujtahids that identifying the subject of a rule is the responsibility of the mukallaf whereas the determination of the rule itself is the duty of the mujtahid but in many instances we notice that mujtahids give their opinion with respect to the identification of the subject is it obligatory to act upon them in this regard a the responsibility of identifying the subject rests with the mukallaf therefore he is not obliged to follow the identification of his mujtahid unless he feels confident of the mujtahid s identification or the subject is something the identification of which requires jurisprudential derivation q 6 will one be considered a sinner if he is careless in learning the religious rules that he frequently encounters a if his carelessness in learning religious rules leads to forsaking an obligation or committing a hrm action he will be a sinner a q 7 when some individuals who are not well informed are asked whom they follow they reply we do not know or say we follow this or that marji without feeling any obligation to refer to his book on practical laws of islam and act upon it what is the rule concerning their actions a if their actions are in accordance with caution the actual rule or the fatw of the mujtahid to whom they must refer their actions will be valid q 8 in cases where the most learned mujtahid gives a fatw of obligatory caution we can refer to the second most learned one our question is that if he also calls for obligatory caution is it permissible to refer to the third most learned one and so on please explain this rule 6

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a in case the most learned mujtahid has no fatw there is no objection to referring to the second most learned one who has a clear-cut fatw on the issue and does not call for obligatory caution if he calls for obligatory caution one may refer to the third most learned one and so on conditions of taqld q 9 is it permissible to follow a mujtahid who is not a marji and does not have a book on practical laws a if it is proven for a mukallaf who wants to follow this mujtahid that he is a qualified mujtahid there will be no problem in following him in other words being a marji or having a book on practical laws of islam are not conditions for the taqld of a qualified mujtahid to be correct q 10 may a mukallaf follow a mutajazz mujtahid i.e someone who is mujtahid only in some of the sections of islamic law such as in the issues of prayers or fasting a the fatw of a mutajazz mujtahid is binding proof for himself however for others the permissibility to following him his fatws is problematic although it is not remote q 11 is it permissible to follow the scholars of other countries even if they cannot be possibly reached a following a qualified mujtahid in matters pertaining to islamic law does not require that the mujtahid comes from and/or reside in the same country as the mukallaf does q 12 is the `justice that is required of a marji different in degree from that of a leader of congregational prayer a given the sensitivity and significance of the office of marji`iyyah in issuing fatws in addition to being `just having full control over rebellious desires and selfrestraint in face of worldly aspirations are required of a marji based on obligatory caution q 13 it is said that one should to do taqld of a `just mujtahid what is meant by being `just a a `just person is so pious that he would not commit a sin deliberately q 14 is knowledge of the current times and circumstances one of the conditions of ijtihd a it possibly plays some role with respect to certain issues q 15 according to the opinion of the late imam khomeini q a marji in addition to the rules of the rites of worship and transactions he should know political economic military social and leadership matters we used to follow the late imam khomeini q and now upon the guidance of some respected scholars as well as our recognition we feel obliged to refer to you in matters of taqld in this way we combine both supreme leadership and the office of marji`iyyah what is your opinion in this regard a the conditions of the eligibility of a marji in matters of taqld are mentioned in detail in tahr al-waslah and other books on practical laws of islam it rests with r the mukallaf to recognize who enjoys all taqld requirements 7

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q 16 is it required to follow only the most learned marji and what is the criterion of being the most learned a it is a caution to follow the most learned mujtahid with respect to issues in which his fatws differ from that of others the criterion of being the most learned is to have a greater competence when compared to other mujtahids in the following realms i identifying the divine laws ii inferring the shar rules from their proofs and iii being aware of the events of his time insofar as it affects identifying the subjects of religious rules and influences the expression of juristic opinion q 17 thinking that the most learned mujtahid possibly lacks some qualifications someone follows another mujtahid is his taqld valid a according to caution the mere probability that the most learned mujtahid lacks the required qualifications does not make it permissible to follow a mujtahid who is not the most learned in issues upon which the two disagree q 18 if a number of scholars are identified as the most learned in different issues each being so in a particular area is it permissible to refer to them in their particular areas of expertise a there is no problem with dividing one s taqld between many mujtahids rather presuming it is verified that each mujtahid is the most learned with respect to the particular issues in which he is followed dividing one s taqld will be obligatory if their fatws differ in that particular issues q 19 may one follow a mujtahid who is not the most learned when the most learned mujtahid is alive a there is no problem in referring to the mujtahid who is not the most learned concerning issues in which his fatw does not disagree with that of the most learned q 20 what is your opinion concerning the necessity of following the most learned mujtahid and what is the proof for such an opinion a if there are several mujtahids who are qualified for issuing fatws and their fatws are different it will be of obligatory caution upon the mukallaf to follow the most learned one unless it is proven that his fatw is contrary to caution while the other s agrees with it the basis for this view is reason and the way rational people behave because the mukallaf is certain that fatws of the most learned mujtahid are valid while the that of other s is possibly valid q 21 concerning the taqld issue whom should we follow a it is obligatory to follow a mujtahid who meets all requirements needed for issuing a fatw and functioning as a marji and according to caution he should be the most learned as well q 22 is it permissible to begin to follow a deceased marji a caution should not be overlooked in following the most learned and living marji when starting to do taqld of a marji q 23 to begin following a deceased mujtahid does it depend on following a living mujtahid 8

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a the permissibility of starting or continuing to follow a deceased mujtahid depends on the fatw of the most learned living one methods to know who is mujtahid the most learned mujtahid and to obtain his fatws q 24 i verified the competence of a certain mujtahid as marji through the testimony of two just persons is it obligatory for me to ask other persons about this matter also a the testimony of two just experts regarding the competence of a certain mujtahid and that he meets all requirements is enough to consider his following as permissible and it is not necessary to ask others thereafter q 25 what are the methods for selecting a marji and obtaining his fatws a ijtihd of a marji and that he is the most learned one is verified through examining him and becoming certain even if due to publicity which makes one certain or confident or the testimony of two just experts the fatw of a marji could be obtained a by hearing it from him from two or one just persons or from a reliable person or b by referring to his book on practical laws of islam provided that there is no mistake in it q 26 is it correct to make another person one s agent in selecting a marji such as the representation of a son by his father or a student by his teacher a if what is meant is to entrust to one s father teacher etc the task of searching for a qualified mujtahid there is no objection to it their opinion in this matter is valid in shar and considered as a proof provided that their opinion induces knowledge or confidence or it meets the criteria of evidence and testimony q 27 i asked several mujtahids about the most learned mujtahid they told me that following so-and-so may allah the exalted elevate his spiritual ranks would discharge me of my obligation may i rely on their opinion if i personally do not know whether or not he is the most learned or i doubt or i am certain that he is not the most learned mujtahid due to the existence of others with similar evidences in their favor a if shar evidence is established that a qualified mujtahid is the most knowledgeable it is binding proof upon which one may rely as long as there is no contradicting evidence even if it does not induce certainty or confidence in such a case it is not necessary to search for opposing evidence and make sure that it does not exist q 28 someone does not have formal permission from a mujtahid to transmit his fatws moreover he occasionally makes mistakes in relating fatws is it permissible for him to relate the mujtahid s opinions what is our duty if he relates fatws by reciting the book on practical laws of islam a permission is not required to transmit a mujtahid s fatw or to explain religious rules however undertaking this task is not permissible for someone who makes mistakes while performing it if a person notices his mistake in relating a fatw it is obligatory for him to inform the listener about the mistake in any case it will not be permissible for the listener to act upon the statements of someone who relates fatws unless he obtains confidence regarding the correctness of his statements 9

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to change from one marji to another q 29 we obtained permission of a mujtahid who is not the most knowledgeable to continue following a deceased marji if the permission of the most learned mujtahid is required here is it now obligatory to change our taqld to the most learned mujtahid and seek his permission to continue following the deceased marji a if the fatw of the mujtahid who is not the most learned in this matter is similar to that of the most learned mujtahid there is no problem in following the former and it is not required to change to the most learned mujtahid q 30 to stop acting upon one of imam khomeini s q fatws is it obligatory for me to refer to that mujtahid whose permission i obtained to continue following the deceased mujtahid or may i refer to other mujtahids also a caution goes with reference to the fatws of the mentioned mujtahid unless there is another living mujtahid who is the most knowledgeable and whose fatw in the matter of changing one s taqld differs from that of the first one in such a case it is an obligatory caution to refer to the most learned mujtahid q 31 may one change one s marji a it is an obligatory caution not to change from a living mujtahid to another living one unless the latter is at least probably the most learned q 32 as a pious teenager i used to follow imam khomeini q this was before i reached the age of shar puberty and my taqld was not based on religious proof but on the conviction that following imam q would discharge me of my obligations after some time i changed to another marji but my changing was also invalid then i changed to you after the second marji passed on what is the rule concerning my taqld of that marji and my acts during that period in particular what is my duty now a your past actions which were performed based on the imam s q fatws during his blessed life or after his demise in continuation of his taqld are ruled as valid regarding those acts you performed on the basis of making taqld of another marji which had not been grounded on shar standards if they are in accordance with the fatws of the mujtahid you must follow now they are ruled as correct and would absolve you of any further obligation otherwise it is obligatory to repeat those acts at present you have the choice either to continue following the late imam q or to change to someone you consider qualified to be followed based on shar criteria to continue with following a deceased marji q 33 someone has been following a certain marji since the late imam khomeini q passed away and now he/she wishes to follow the imam again may he/she do so a by caution changing taqld from a qualified living mujtahid to a deceased one is not permissible however in case the living mujtahid was not qualified when he/she started following him changing to him in taqld was void and thus the mukallaf enjoys the choice either to continue following the late imam q or to change to a living mujtahid whose taqld is permissible q 34 i had reached the age of shar puberty when imam khomeini was alive i followed him in certain rules but did not have a clear notion of the issue of taqld what is my duty now 10

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a if you performed your rites of worship and other acts according to the imam s q fatws while he was alive and you were practically a follower of him even in certain issues you may keep following him in all issues q 35 what is the rule in continuing to follow a deceased mujtahid if he is the most learned a continuing to follow a deceased mujtahid in any case is permissible however it is advisable not to skip caution in continuing to follow a deceased mujtahid who is the most learned q 36 is the most learned mujtahid s permission necessary in continuing the taqld of a deceased marji or is it enough to have the permission of any mujtahid a if the scholars are unanimous in their view about the permissibility of continuing with the taqld of a deceased mujtahid it is not obligatory to get the permission of the most knowledgeable one q 37 someone who used to follow the late imam khomeini q changed with respect to certain issues to another mujtahid after the imam passed away after a while the second mujtahid also passed away what is this person s duty now a it is permissible for him/her as before to continue following the late imam q regarding those issues in which he is still acting according to his views as for the issues in which he changed to the second marji he has the choice of either continuing to following him or to change to a living mujtahid q 38 after imam khomeini q passed away i thought it was not permissible in accordance with his fatw to continue with following a deceased marji and therefore i chose a living marji for taqld is it now permissible to return to the taqld of the late imam q a regarding issues in which you had changed to a living mujtahid it is not permissible for you to return to imam s q taqld again this is unless the fatw of the living marji is that it is obligatory to continue with following the most learned marji who has passed on and you are of the opinion that the late imam q was more knowledgeable than the living marji therefore in this case it is obligatory for you to return to the late imam s taqld q 39 is it permissible for me to refer sometimes to a deceased mujtahid and at other times to the most learned living one with respect to a particular issue on which they have different opinions a before referring to a living mujtahid it is permissible to continue with following a deceased marji however once you change to a living mujtahid it is not permissible to refer back to the deceased one q 40 is it obligatory for the followers of the late imam khomeini q who wish to continue his taqld to seek the permission of a living marji or does the unanimity of most of the marji`s and well-known scholars concerning the permissibility of continuing to follow a deceased marji suffice a supposing the unanimity of scholars regarding the permissibility of continuing to follow a deceased marji continuing the taqld of the late imam q is permissible and there is no need to refer to a specific mujtahid in this regard q 41 what is your opinion about continuing to follow a deceased marji with respect to an issue upon which the mukallaf has or has not acted during the lifetime of that marji 11

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a continuing to follow a deceased marji with regard to all issues even those which he has not acted upon during the life time of the marji is permissible and valid q 42 does the permissibility of continuing to follow a deceased mujtahid also apply to those who during mujtahid s life acted upon his fatws although they were not mukallaf a if the taqld of a person before the age of shar puberty to a qualified mujtahid was realized in a correct way it is permissible to continue with the taqld of that mujtahid after his death q 43 we are followers of imam khomeini q and have continued to follow him after his heartbreaking demise at times we face some new religious problems especially due to the fact that we live in a period of struggle between the islamic world and the global arrogance so we feel that we should refer to your excellency and do your taqld may we do so a you may keep following the imam q and at the time being there is no reason for you to give up his taqld if the need arises to obtain shar ruling concerning new issues you may correspond with our office q 44 what is the duty of a follower regarding his marji when another marji is recognized to be the most learned mujtahid a it is based on obligatory caution to shift from the marji who is currently being followed to the one who is the most learned with respect to issues in which their fatws differ q 45 a when is it permissible for a follower to change his taqld to another marji b is it permissible to change from the most learned marji to another one if the fatws of the former are not in accordance to the time or are difficult to practice a a according to caution it is impermissible to change from a living marji to another unless the second marji is more learned than the first one and his fatw in a particular issue differs from that of the first marji b it is not permissible to shift from the most learned mujtahid to another simply based on speculations that his fatws are not compatible with the contemporary circumstances or are difficult to act upon miscellaneous issues of taqld q 46 what is meant by the blameworthy ignorant person a he is the person who realizes his ignorance and knows the possible methods by which he can overcome his ignorance but deals carelessly with learning religious rulings q 47 who is the unblameworhty ignorant person a he is the person who is not at all aware of his ignorance or he/she is aware of it but there is no way out of it q 48 what does obligatory caution mean a it means that the obligation of performing or refraining from an action is a matter of caution q 49 does the phrase `there is a problem in it mentioned in some fatws mean prohibition 12

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a it differs from one case to another if the problem is in permissibility it indicates prohibition on the practical level q 50 are the following statements fatws or do they call for caution 1 `there is a problem in it 2 `it is problematic 3 `it is not void of problem and 4 `there is no problem in it a all of these phrases call for caution except for `there is no problem in it which is a fatw q 51 what is the difference between the terms `impermissible and `harm a practically there is no difference between them marji`iyyah and leadership q 52 when the fatw of the leader of muslims on social political and cultural issues disagrees with that of another marji what is the religious obligation of muslims and is there a dividing line between fatws issued by marji and those issued by the jurist leader for example if the opinion of a marji concerning music differs with that of the jurist leader which one is valid and obligatory to follow and in general what are the wil edicts regarding which opinion of the jurist leader has priority over that of a marji a the edicts of the jurist leader must be followed with respect to the issues relating to the administration of the islamic country and general affairs of muslims while every mukallaf is obliged to follow his own marji in absolutely personal issues q 53 as you know there is a discussion in the principles of islamic jurisprudence on the subject of the mutajazz mujtahid is the measure taken by imam khomeini s q in separating marji`iyyah from leadership considered a step toward the recognition of mutajazz mujtahid a separation between the leadership of the jurist leader and the office of marji`iyyah has nothing to do with the issue of mutajazz mujtahid q 54 if the leader of muslims declares war against the tyrant infidels or calls for jihad whereas the marji that i follow does not allow me to participate in the war should i follow the opinion of the marji or not a it is obligatory to obey the edicts of the leader of muslims with regard to public affairs of muslim society which includes the defense of islam and muslims against aggressive infidels and tyrants q 55 to what extent is the edict or fatw of the leader of muslims applicable and when it conflicts with the opinion of the most learned marji which one is to be acted upon and given priority a it is obligatory for all to obey the edict of the jurist leader and the fatw of a marji cannot make it ineffective authority of the jurist leader and the edict of the authorized religious authority q 56 is the belief in the principle of the authority of the jurist leader with respect to its concept and instance based on reason or derived from islamic law a the authority of the jurist leader which is the governance of a just mujtahid who is learned in religion is a biding shar rule that is confirmed by reason as well 13

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there is a rational method for determining the outer instance of this precept which is elaborated upon in the constitution of the islamic republic of iran q 57 are shar rules alterable and revocable when the jurist leader passes an edict that contradicts those rules due to the public interest of islam and muslims a it depends q 58 should the media in an islamic system be supervised by the jurist leader by the islamic seminaries or by some other organization a they should be run under the direction and supervision of the leader of muslims that is it should be used for the service of islam and muslims the dissemination of divine teachings solving the problems of the islamic society intellectual development the promotion of muslim unity and brotherhood solidarity amongst muslims and so forth q 59 could someone who does not believe in the absolute authority of the jurist leader be considered a true muslim a the lack of belief whether based on ijtihd or taqld in the absolute authority of the jurist leader during the period of occultation of the imam al-hujjah [the 12th imam may our souls be sacrificed for his cause does not lead to apostasy q 60 does the jurist leader enjoy a kind of authority that enables him to abrogate religious laws for such reasons as public interest a abrogation of the rules of islamic law after the demise of the great messenger of islam sw is impossible alteration that takes place in the subject the emergence of necessity and exigency or the existence of a temporary obstacle in implementing a rule does not constitute abrogation q 61 what is our duty towards those who think that the authority of the jurist leader is restricted only to hisb affairs given that some of their representatives propagate their belief a the authority of the jurist leader in the realm of the leadership of the islamic society and governance of social affairs of muslims in all periods and eras is one of the fundamental beliefs of the true twelver denomination as its roots are founded in the principle of imamate whoever is led by reasoning and proof not to accept this notion is excused but it is not permissible for him to spread disunity and controversy among muslims q 62 are the commands of the jurist leader binding for all muslims or only for his followers is it obligatory for someone who makes taqld of a mujtahid who does not believe in the absolute authority of the jurist leader to obey him or not a according to the sh`ah denomination it is obligatory for all muslims to submit to the wil edicts issued by the jurist leader and to comply with his commands and proscriptions this ruling applies to all eminent mujtahids let alone their followers in our opinion commitment to the authority of the jurist leader is not separable from the commitment to islam and the authority of the infallible imams as q 63 the term `absolute authority was used during the time of the noble messenger sw in the sense that when he sw ordered an individual to do something it was obligatory for him to carry out his order even if it was one of the most difficult acts such as suicide my question is whether the term `absolute authority still means the same thing given that the noble prophet sw was infallible whereas no infallible leader exists at the present time 14

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a the `absolute authority of the qualified mujtahid means that the true religion of islam which is the final heavenly religion and will last till the day of resurrection is a religion of governance and administration of social affairs therefore it is necessary for the islamic society at all levels to have a guardian for their affairs a ruler and a leader to defend the islamic society against the enemies of islam and muslims he must preserve their social system establish justice among them prevent the strong from victimizing the weak and attain for them the means of cultural political and social development and prosperity at the stage of implementation the above goals might sometimes conflict with the tendencies ambitions interests and liberty of some individuals thus after assuming the grave duty of leadership according to islamic law it is obligatory for the leader of muslims to take necessary measures whenever he realizes the need for them and issue orders in accordance with islamic jurisprudence when the general interests of islam and the muslims are at issue the jurist leader s will and authority should necessarily be superior to the will and powers of the people in case of disagreement this is a short explanation of the concept of absolute authority q 64 according to the fatw of mujtahids continuing to follow a deceased mujtahid depends on the permission of the living one do the wil edicts and orders issued by a deceased jurist leader also require the permission of the living leader to remain effective or are they efficacious without the permission of a living leader a the wil edicts and decisions made by the leader of muslims remains effective unless they were limited to a certain time span or the new leader of muslims deems it beneficial to revoke them and thus does so q 65 is it obligatory for a mujtahid who lives in the islamic republic of iran but does not believe in the absolute authority of the jurist leader to obey his orders will he be considered as unjust if he defies the jurist leader and if a mujtahid believes in the absolute authority of the jurist leader but regards himself to be more qualified for that position will he be considered as unjust if he disobeys the orders of the mujtahid who is in charge of leadership a it is obligatory for every mukallaf even if he is a mujtahid to obey the wil orders of the jurist leader it is not permissible for anyone to disobey him as the one with the responsibilities of leadership on the pretext of being more qualified this is the case only if the present mujtahid in charge of leadership reached the office through its known legal process otherwise the matter would be completely different q 66 does the qualified mujtahid have any authority to enforce islamic penal codes during the period of occultation of the 12th imam a a enforcement of islamic penal codes is obligatory even during the period of occultation and the authority in this regard belongs to the leader of muslims q 67 is the authority of the jurist leader an issue of following in which someone could follow a marji or is it a doctrinal issue which the mukallaf must believe in through his own reason and understanding and what is the rule with respect to someone who does not believe in it a the authority of the jurist leader is an aspect of wilyah and imamate that forms one of the fundamental principles of the sh`ah denomination with one difference that the rules pertaining to it are derived like every other juristic rule from the evidence and sources of islamic law whoever is led by reasoning not to believe in it is excused 15

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