Within the Relation Evidence-Huqm the Distinction Between Makrooh Tahr？men and Makrooh Tenz？hen in Hanaf？ Sect

The notion makrooh, considered as part of the provisions of responsibility, appears to be an important phenomenon because of its close relation to the notion haraam and its historical use in a way to refer to different meanings and connotations during the process of its evolution. The notion makrooh, used in the earlier scholarly works in an effort to make reference to the haraam and to imply that it is not proper to commit actions which may potentially fall into the category of haraam, was in later periods incorporated in the scope of provisions of responsibility in connection with the systematization of the notion huqm; subsequent to this process of incorporation, the notion makrooh was defined by the majority of the Islamic scholars as something whose commission does not render thawab and whose avoidance does not entail ithm. Unlike this general view, the Hanafi sect has classified the notion of makrooh as tenz？hen and tahr？men in a way to become consistent with the distinction between farida and wajeeb. Therefore it’s regarded necessary to analyze the notion makrooh in Hanaf？ sect. Even though this distinction is evidently noticeable in the usul and furu’ works by the scholars of later period, the study finds that the distinction has been systemized in accordance with the general characteristics of the sect and depending on the relation between huqm and evidence, is related that is related to the Hanafi sect’s evidence approach. From this point of view, it could be said that in Hanafi sect, the makrooh tenzihi corresponds to mandoob whereas makrooh tahrimi to wajeeb or the sunnah considered as strong as wajeeb. However, in the tenz？hen-tahr？men makrooh distinction made with reference to the Qat’i-Zanni evidence, detection of what constitutes the Zanni and the Qat’i is particularly important for the sake of proper inferences on the final provision. For this reason, in the assessment of the distinction between makrooh tahr？men and makrooh tenz？hen, it is necessary to consider the evidence, support base for the final provision, it is also necessary to take account of the explanations and justifications in Hanafi fiqh literature regarding the issue that the judgment is related to