Taqleed (To Follow), Istidlal (Juristic Equity) and Istihsan (Juristic Deductions) in Islamic Jurisprudence (Fiqa'h)

Taqleed:

The doctrine is recognized by Shia School while Sunnis do not recognize it. Taqleed means following the opinion in matters of conduct. The word Taqleed is derived from the word "qala'dah" which is an ornament tied around the neck or it is the strap that holds the sheath of the sword and is usually swung around the shoulders. In its technical sense, Ibne Hujj define Taqleed as

 "Acting upon the word of another without hujjah"

The word, 'hujjah' is interpreted differently by different jurists, some say that it means following someone when Shari'a has not given permission, which makes it illegal and others say that it means when a person asks a jurist for an opinion, he should not ask him about the basis of his opinion and should follow without question.

Shias prescribe following qualifications for a Mujtahid, to be followed (termed as Marja'i Taqleed)

as far as Taqleed is concerned:-

• He must be aadil (Justice).
• He must always perform his wajibaat and never perform muharrammat (Illegal things). 
• He must be aalim, having superior knowledge than other.
• He must be alive as Taqleed of a dead Mujtahid is not permissible. However, as per few, where somebody is following a Mujtahid and such Mujtahid dies, he is allowed to remain in Taqleed of such deceased Mujtahid.
• He must be generally acknowledged as a learned man among the community.
• He must be adult.
• He must be Sane.
• He must be Male.
• He must have sound memory.
• He should not be inclined to wards worldly affairs more than religion.

As per Shias,  a Muslim, in order to find solutions of his daily life problems, must either be a Mujtahid himself, or has to follow some Mujtahid. There for a man who has no means to learn and find solutions of problems, has to follow some Mujtahid for guidance in this regard. Such Mujtahid follows;

• Quran
• Ahadith and 
• Aql (wisdom)

for extracting Hukm. There are four types of Ahkam-e-Sharia, in which Taqleed is mandatory:-

1. Ibadaat, such Prayers, Fasting, Zakat, Khums and Pilgrims
2. Acts performed by two or more persons collectively such as trade, rent sale etc.
3. Acts performed by one person only (called Eq'aat) such as , talaq, khula, mubarat, zihar, illa, li'an, iqrar, ahd, atq (freeing a slave).
4. General Ahkaam the performance of which does not need any kalma or sigha such as hunting, hudood, qisas, diyat etc.

Istihsan (Juristic Equity):

It literally means, 'holding for better', to approve or to deem something preferable. It is derived from hasuna which means being good or beautiful. In its juristic sense, it is a method of exercising personal opinion in order to avoid any rigidity and unfairness that might result from the literal enforcement of the existing law. It is allowed by Hanafi jurists when the text derived through Qiyas is narrow and in-adaptable and in this opinion of jurist it would create hardship, then he is at liberty to adopt a rule which in his opinion will cause welfare of people and which is nearer to the aim of justice.

Istidlal (Juristic Deductions):

It was introduced by Maliki School and was supported by Shafi's School. It ordinarily means inference of one thing from the other, Jurists further divide it into three types i.e.

1. In first case it means the connection existing between two propositions without Illat.
2. In second case, it is based upon presumption of state of things not  proved to be ceased.
3. In third case, it consists of previous revealed laws and their authority.

It may be stated that Istidlal covers both Istihsan and Istislah.