Judgment by Non-Mujtahid in Imamiya Jurisprudence with an Approach to Imam Khomeini's Opinion

Since judgment is among important topics of the Islamic jurisprudence and law, qualifications of a judge are also of high importance. Ijtihad is one of the important conditions for becoming a judge in Islamic jurisprudence about which different viewpoints have been expressed. Most Muslim jurists, including Imam Khomeini, believe in ijtihad as a necessary condition for judgment. On the opposite, there is a group of mostly contemporary jurists who despite the dominant view, do not believe in the necessity of ijtihad as a qualification for judgment. Apparently, their evidence is stronger than the prevalent viewpoint of jurists and they can prove that ijtihad is unnecessary as a precondition for judgment – of course, if the informed follower of faqih (Muslim jurist) is aware of its principles and is qualified in other respects. Presuming the necessity of ijtihad, judgment by an appointed follower or proxy on behalf of mujtahid would not be authorized. However, presuming that ijtihad is not necessary condition for judgment, it would be authorized to appoint a follower to do judgment. It seems that even if ijtihad is considered necessary as a cautionary measure and due to Islam’s strict recommendation for protecting the life, property and honor of people, in emergency cases and when a mujtahid judge is not at hand, judgment of a follower would be authorized in order to prevent disruption in the judicial system and difficulty for people.