4[Issues in Ijtihād and Taqlīd]

Answer: As we mentioned earlier, opposing ijtihādāt should remain confined to their own adherents and should not be spread among the
general public, because of the corruption that may result from spreading
them. There is no harm, however, in presenting them to advanced
students, since no corruption results from that.
In Yemen, the Zaydiyyah have a general, comprehensive curriculum,
just as is the case in the four madhhabs. After the year 250 AH, the
Zaydiyyah followed Imām al-Qāsim b. Ibrāhīm, and a group among them
followed Imām al-Nāṣir al-Uṭrūsh, due to the prominence, fame, and lofty
standing of these two Imams. Then, after some time, a group of the great
scholars of the Ahl al-Bayt (peace be upon them) wanted to establish a
complete curriculum encompassing all juristic rulings, to be the
reference for the Zaydiyyah in all lands across time.
They saw that the madhhab of al-Qāsim (ʿa) was the one relied upon
by most of the Zaydiyyah, so they made it the foundation upon which
they built this curriculum. They added to it the opinions of his sons—
such as Muḥammad b. al-Qāsim and al-Hādī (ʿa) and his sons—making
those opinions the bases, then building upon them and branching out
from them.
This work was completed at the hands of Abū al-ʿAbbās al-Ḥasanī, al
Muʾayyad bi-llāh, Abū Ṭālib, and others.
Likewise, the followers of Imām al-Nāṣir al-Uṭrūsh (ʿa) relied upon his
opinions, built upon them, branched out from them, and produced for
the Nāṣiriyyah a complete curriculum in all fields, encompassing
everything they needed. The Nāṣiriyyah continued upon it until it
disappeared entirely after the year 900 AH. Its heritage, however,
remains preserved today in the manuscript libraries here in Yemen.
As for the madhhab of al-Qāsim and al-Hādī—which is the madhhab as
we call it today—it remains and will remain, as do its followers and
supporters, until today and until the Day of Resurrection. For this reason,
there is no need to establish a new general curriculum in this regard,
since that earlier curriculum is sufficient. - It is not possible to explain in full detail to the common masses
the issues of ijtihād and taqlīd—what admits of ijtihād and what
does not, whether every mujtahid is correct or excused, what are
the issues of ijtihād, and that disagreement therein is easy and
does not cause deficiency in religion—for they are incapable of
grasping this, their understanding being too limited to
comprehend such matters. This is possible only for advanced
students who have traversed stages in the pursuit of knowledge. - The Imām of truth has the right to impose what he sees as correct
in ijtihādī matters upon the people of his state. But this pertains
only to public laws, not to private rulings. He has no right to
compel individuals in their personal practice to follow his
madhhab; rather, it is obligatory that mujtahids be left free to
choose for themselves in matters that pertain to them. - We say that the Imām may compel the people to his madhhab in
public rulings because he is bound to judge among them with
truth, and to enforce among them what he sees as truth. Allah the
Exalted has said:
“And judge between them by what Allah has revealed.” — [al
Māʾidah 5:49]
“…so that you may judge between the people by what Allah has
shown you.” — [al-Nisāʾ 4:105]
“…so judge between the people in truth.” — [Ṣād 38:26]
Thus, if the Imām holds that ṭalāq bidʿī (innovative divorce) takes
effect, he must enforce that upon the people. If he holds that it
does not, he must likewise enforce that upon them. - The opinion of the Imām of the time—or others—may change
even in a single day: he may issue one fatwā at the beginning of
the day, and another, contrary to it, at the end of the day,
regarding the very same case. We have seen Imām al-Hādī (ʿa)
take one position in some issues of al-Muntakāb and another in
Masāʾil al-Aḥkām. All of this is correct, for it arises from the
reasoning of a mujtahid.