Ever since the Law had considered the two tasks 'following' and the 'scholarly efforts' as the best possible way to maintain social order, it also has sufficient means to make the order practically successful. Scholarly effort is a social obligation which any individual may fulfill for the whole community.
In other words, although every member of the community is responsible for this, yet whin one person fulfills this task on behalf of the others, the obligation of others ends. "All believers do not have to become specialists in religious learning. Why not some people from each group of believers seek to become specialists in religious learning to guide their group after completing their studies so that they will have fear of God?" (9:122). "Ask of those who possess the message" 16:43, is a statement from the holy Quran that gives a high position to the scholars and considers them the heirs of the Prophets. The holy Prophet said, "Lord, forgive my successors, for they will be the ones who will teach my traditions, and people will learn from them."
It is narrated from Imam Ali (a.s.) who said, "The scholars who know about God have the authority in lawful and unlawful matters, being the trustees of His guidance." A look at the faces of the scholars is considered an act of worship so that people can have more benefit from their knowledge. Equal to the extent of the privilege given to them the scholars are enjoined to strengthen their faith in God, to observe piety, have purity of character and to take all the necessary measures against the misuse of their knowledge, so that they may represent the prophets as their true heirs. It is narrated from Imam Al'askari (a.s.) who said, "The common people have to follow the Scholars of the Law who safeguard their souls (against sin), protect their religion, oppose their desires and obey their Master."
It is narrated from Imam As sadiq who said, "One who uses his knowledge as a means of earning will become poorer." Someone asked, "What do you say about those of your followers who have learnt from you, propagate their knowledge among other followers and receive something in exchange? " He replied, "They are not of those who make a living out of their knowledge by issuing decrees without guidance from God, and spoil others' rights for their own worldly gains." The Prophet said, "The scholars are the trustees of the Prophets as long as they stay out of the worldly interests." The system of Ejtihad, scholarly effort in the study of the law, and following the decisions of the scholars, on the part of the common people, which must continue as a lawful process, are also the proper ways to preserve the religion.
The scholars by maintaining the standard system of Ejtihad will have the chance to understand the Law, remove the doubts about it, and make others understand. The Prophet said, "In every generation there will be just scholars who will defend this religion against the innovations of the straying ones and purify it from the false interpretations of the liars, and the inferences of the ignorant people, as a furnace that purifies iron from unwanted matters."
The Sources of a Mujtahid's (Fatwas) Decision
The sources of the decisions of a Mujtahid are almost always the holy Quran and the Sunnah (traditions of the Prophet) with its continuity in the form of the traditions of his successors, the twelve Imams (a.s.) from his family, whom he regarded being as important as the holy Quran for the guidance of the Muslims. The other sources such as Qiyas, analogy, or Estihsan, what may look acceptable to a scholar, have never been considered as sources of the decisions in a Law handbook, containing a set of collected rules for practical purposes called 'Risalah 'amaliyah', for such sources were not approved by any of the Imams (a.s.).
'Aql (Reason), although has a great potential to serve as a source of Law, is controversial among the scholars. Despite its great chance to be considered a practical source in a Law handbook,reason alone has not been the source of any decision that may be mentioned; whatever could be proved by reason as a legal precept has enough proof in the holy Quran and Sunnah. Consensus so far is not a source equal to the holy Quran and Sunnah. It is not a dependable source except in some instances where it may serve as a means to support some hadith as regards its authenticity. Therefore, the only sources in a Law handbook or a collection of Fatwas are the holy Quran and the Sunnah (the traditions of the holy Prophet).