Juridical Terms in the Book "Practical Laws of Islam"
Issue No.9- If the Mujtahid does not give an explicit fatwā on an issue and says that as per precaution one should act in such and such a manner, this is called “obligatory precaution” (al-iḥtīyāṭ al-wājib). The follower (muqallid) in this case may either act on this precaution or refer to a Mujtahid at the same level of learnedness or a Mujtahid who is the most learned after the Mujtahid he follows. But if he has given an explicit fatwā, for example, he says the iqāmah is recommended, then he says that one should not d r o p it as a measure of precaution, this is called “recommended precaution” (al-iḥtīyāṭ al-mustaḥab). In such a case, the follower may either act on it or he may not. In cases where the Mujtahid says “It is a matter of contemplation” or “a matter of objection”, the follower can act on precaution or, he may refer to another Mujtahid. However, if he says “evidently, it is as such” or “most likely, it is as such” these expressions are regarded as a fatwā and the follower must act according to it.
