What is the difference between Haram, Karaahatu Tahreem and Karaahatu Tanzeeh?

What is the difference between Haram, Karaahatu Tahreem and Karaahatu Tanzeeh?

Question Number: 7351

Peace be upon you, Oh Sheikh Abul Mundhir, I ask Allah to protect you and set your feet firm Aameen

I have several questions, including: 1 – What are the scholarly statements and the most correct one about the division between Haraam, Karaahatu Tahreem and Karaahatu Tanzeeh and is such division correct?

2 – What is the difference between the Haraam and Karaahatu Tahreem, and between Karaahatu Tahreem and Karaahatu Tanzeeh?

3 – Will a person become Kaafir by denying something of Karaahatu Tahreem? If “Yes ” what are examples on that?
May Allah reward with you paradise!!!

Questioner: ibn radjab

In the name of Allah the Merciful Praise be to Allah and peace and blessings on the Holy Prophet and his family and companions. And after:

The Shariah rulings are five provisions: Waajib, Mandoob, Muharram, Makrooh and Mubaah.

And they are all divided into three categories:

the first category is mandatory and they are Waajib and Mandoob.

The second category is hated and they are Muharram and Makrooh.
And the third category, doing it and living it is regarded as same and that is the Mubaah.

It is clear now that both Muharram and Makrooh are to be avoided and the one who abandons them is rewarded but there are two distinctions between them:

1 – Muharram: it is requested that it is abandoned absolutely and definitely, while Makrooh, it is expected to leave it in an indefinite manner.

Example of that is what was reported by the two Scholars (Bukhari and Muslim) from Umm ‘Atiyah, may Allah be pleased with her, she said we were forbidden from following funerals but it was not resolved on us.

2 – the perpetrator of a Muharram is punished while the perpetrator of a Makrooh is not punished.

Therefore Muharram is the same as Karaahatu Tahreem (hatred of prohibition), and Makrooh is the same as Karaahatu Tanzeeh.
Moreover, the Asl (foundation) for any forbidding command is that it is taken as Muharram unless if there is a pointer or an evidence that changes it to Karaahatu Tanzeeh (Makrooh).
And that is due to the word of Allah:

“….and he who disobeys Allah and His Messenger, for him is the fire of hell…}.
[Jinn aayah 23]

Bukhari created a chapter for this issue, he said:
(Chapter: warning of the Prophet peace be upon him is a prohibition except for what is know to be permissible).

And wherever Makrooh is used unrestrictedly, what is meant by that is Karaahatu Tanzeeh. i.e: what is forbidden is not definite and the one who avoids it is rewarded while the perpetrator is also not punished.

However some scholars sometimes use the word “Makrooh” for Haram out of being wary of getting caught in the saying: “This is haram” and “this halal,” due to the word of Allah:

{And say not concerning that which your mouth put forth falsely: this is halal and and this is haram so as to fabricate lies against Allah…}
[Nahl : 116].

Among the alleged words of Imam Ahmad: (Mut’ah and prayer in the cemeteries are Makrooh), the two were expressed using the wording of Karaahah although in reality, these two things are Muharram.
Therefore many among the blind followers of the Imams fell into error when they took these words at face value.

Ibn al-Qayyim said:

(A lot of the followers of the Imams made mistakes about the Imams because of that, such that when the Imams were wary of using the wording Haram and used makrooh instead, so, the later generations denied the prohibition of what the Imams had called Makrooh) ..

As for “Khilaaful uulah” it is a convention of some scholars which they use for a special type of Karaahatu Tanzeeh.

And they differentiate between them as that what is stated as a prohibition inadvertently is called Makrooh. While other prohibitions are called: ‘Khilaaful uulah’ like leaving the sunnah of Dhuhr.

Zarkashiy said in “Al-Bahrul Muheet”:

(chapter on Khilaaful uulah: This is a category that is neglected by the scholars of Usul but mentioned by the scholars of Fiqh and it is the midpoint between Karaahah and they differed on many things is it Makrooh or Khilaaful uulah such as wiping off water and toweling in the ablution and others.
Imaamul haramayn said in ” Kitaabu Shahaadaat mina nihayat ta’arud: separation between them is what was started by the later generations and they differentiated between them that what is called “Makrooh” is that whose prohibition was reportedly intentional and direct and whatever is otherwise is “Khilaaful uula” and it can not be said to be Makrooh. And He said: what is meant by intentional and direct prohibition is such as saying “do not do this” or “I warn you of such and such” unlike the case of when he ordered a Mustahab, if it is left, it is not Makrooh)

[Al-Bahrul Muheet fi usuulil fiqh (1/244)].

My dear brother you said: “Will a person become Kaafir by denying something of Karaahatu Tahreem?”

The reply to that is that whosoever denies the Muharramat (plural of Muharram) mentioned in the Quran such as riba (interest), drinking alcohol and eating pork, whoever denies that is a Kaafir (infidel) because he has bellied what is explicit in the Qur’an except if he is a new convert to Islam or in a location where knowledge is unavailable, and was not informed of the words of Allah Almighty.

And Allah knows best Praise be to Allah, Lord of the Worlds.

Answered by a member of the Shariah Committee:

Sheikh Abul-Mundhir As-Shinqeeti


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