Sistani says:
"It is permissible for Faqih to make up laws if prudence so requires in certain conditions"
Abu Basir reported that he asked Imam As-Sadiq (as): “We are dealing with matters, which we do not know in the scripture of God nor in the custom (of the prophet). Do we form our own opinion about it?” He said: “No, if you are right, you will not be rewarded and if you are wrong, you have lied about God.”
📚Kitab Al Kafi V1 P56 (Dar Al Kutub Al Islamiyah)
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