Is a judge who is capable of independent legal reasoning (*mujtahid*) permitted to follow the ruling of another jurist?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
For a judge capable of independent reasoning, it is obligatory to reach a ruling through his own *ijtihad* and it is not permissible for him to imitate (*taqlid*) the ruling of another, even if that other person is considered more knowledgeable in jurisprudence, whether time is constrained or not, or whether the truth is clear to him or not. This applies equally to the mufti regarding issuing religious edicts through imitation.
Supporting text
Abu Hanifah held that if the judge is a *mujtahid*, it is permissible for him to set aside his opinion for that of a more knowledgeable jurist, viewing this as a form of *ijtihad*. This is rejected because even the more knowledgeable jurist is fallible; if the judge believes the opinion of the other is erroneous, he cannot act upon it, especially when he has not yet established the truth through his own effort.