DEFINITIVENESS OF PROOF OF HARAM AND HUKM OF ITS DENIAL IN THE HANAFI SCHOOL

Abstract

In Islamic law, knowledge of haram as a judgement (hukm) categoryis as important as determining the deeds that are haram. Accordingly,work on usul al-fiqh describes the concept of haram from severalperspectives. Pursuant to some classical Hanafi work on usul al-fiqhand certain modern usul studies, the common Hanafi view is thatproof for prohibition must be definitive to determine what is haramand its denier is subjected to excommunication (takfir). Nevertheless,based on a general approach in classical Hanafi work on usul al-fiqhand the use of the haram concept in furu? books, it is impossible toaccept the foregoing view as the absolute or preferable opinion in theHanafi school. This study discusses the correctness of this relation forthe foregoing approach to the Hanafi school through the followingclaim: According to common Hanafi view, definitiveness of proof,which signifies prohibition, is not necessary for determining haram; itcan be equally determined through speculative proof. Thus, it isimpossible to declare someone unbeliever unless he / she denies aharam with definitive proof.