Mujtahid's Imitation of Others in Ruling and What is Built on it

Abstract

The scholars of the origins of tradition have investigated rulings on the mujtahid’s imitation of others. The majority of scholars agreed on its prohibition, but they did not provide further detail on the matter of the prohibition of imitation. This study aims to clarify this issue by presenting the sayings made on it. It includes mujtahid's imitation of others in the ruling that he reached without any evidence. It also presents mujtahid’s imitation of the preambles on which the evidence of judgment is based, seen regardless to the fundamental principles on which this evidence was based, whether these rules relate to the evidence in terms of its proof or in terms of its significance. By reviewing orthodox scholars’ doctrines regarding the rule of taqlid over the mujtahid, I concluded that mujtahid is likely not permitted to imitate another mujtahid, unless he is unable to perform Ijtihad, either for his confusion due to the difficulty of the issue, or for his concern that the event would be missed due to lack of time. Thus, it is not permissible for the mujtahid to imitate others in any fundamental, hadith, or linguistic principle on which the evidence of the ruling is based, especially after referring to the evidence that Imam Al-Shatibi relied on in his disagreement with the majority of scholars in this case, and refuting the evidences one by one. Besides, I concluded that this ruling does not only include imitation in ruling only, but it also includes imitation in everything upon which the ruling is based. After referring to the evidence on which the Imam El Shatby to violate the public in this case, and refute them as evidence.