Principles of Islamic Jurisprudence by MH kamali

mubahith p 80 29 tabrizi mishkat ii 978 hadith no

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Unformatted text preview: tion (tahrim), and in this sense is used as a convenient category for matters which fall in the gray areas between halal and haram, that is, matters which are definitely discouraged but where the evidence to establish them as haram is less than certain. [31. Qasim, Usul, p. 225.] As already noted, the Hanafis have divided makruh into the two types of makruh tanzihi and makruh tahrimi. The former is considered abominable for purposes of keeping pure such as avoiding raw onion and garlic just before going to congregational prayers, or neglecting salat al-nafl, that is, supererogatory prayers preceding, for example, the salat al-zuhr (early afternoon prayers). This kind of makruh is nearer to mubah than to haram. Its commission is not punished but its omission is rewarded. The Hanafi description of makruh tanzihi is the same as that which the majority of ulema have given to makruh in general. The majority of ulema have characterised the value of makruh to be that 'committing it is not punishable but omitting it is praiseworthy'. Makruh tahrimi, or 'abominable to the degree of prohibition' is, on the other hand, nearer to haram. An act is haram when its prohibition is decreed in definitive terms, otherwise it is makruh tahrimi. An example of makruh tahrimi is the wearing of gold jewellry and silk garments for men, which are forbidden by an Ahad (solitary) Hadith. While referring Principles of Islamic Jurisprudence ~ Kamali 287 to these two items, the Hadith provides: 'These are forbidden [haram] to the men of my community but are lawful [halal] to their women.' [32. Abu Dawud, Sunan, III, 1133, Hadith no 4046.] Similarly, it is makruh tahrimi for a person to offer to buy something for which another person has already made an offer. There is a Hadith which forbids this kind of purchase in the same way as it forbids making an offer of engagement to a woman who is already betrothed to another man. Sunan, II, 556, Hadith no. 2075] Since both of the foregoing ahadith are Ahad whose authenticity is not devoid of doubt, the prohibition therein is reduced from haram to makruh tahrimi. The difference between the Hanafis and the majority of ulema relates to the nature of the evidence on which the makruh is founded. When a prohibition is conveyed in an imperative demand of the Lawgiver but there is some doubt over its authenticity or meaning, the majority of ulema classify it as haram, whereas the Hanafis classify it as makruh tahrimi. The Hanafi position in regard to the division of makruh into these two types is essentially similar to their approach in regard to drawing a distinction between fard and wajib. I.5 Mubah (Permissible) [34. Abu 'Id, Mabahith, pp, 80-82; Khallaf, 'Ilm, p. 116; Aghnides, Muhammedan Theories, p. 89.] Mubah (also referred to as halal and ja'iz) is defined as communication from the Lawgiver concerning the conduct of the mukallaf which gives him the option to do or not to do something. The Lawgiver's communication may be in the form of a clear nass such as the Qur'anic text which provides, in a reference to foodstuffs, that `this day all things good and pure have been made lawful (uhilla) to you [...]' (al-Ma'idah, 5:6)....
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