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Makruh

Makruh (Arabic: مكروه, romanized: makrūh) is a technical term in Islamic jurisprudence (fiqh) denoting an action that is disliked or reprehensible by Sharia but not strictly forbidden, meaning a Muslim earns spiritual reward for abstaining from it while facing no punishment or sin for performing it.^[1] This category falls within the five fundamental legal rulings (ahkām) of Islamic law: obligatory (fard or wajib), recommended (mustahabb or mandub), permissible (mubah), disliked (makruh), and prohibited (haram).^[2] Unlike haram acts, which demand avoidance and incur sin upon commission, makruh acts are discouraged based on prophetic traditions or scholarly reasoning rather than definitive prohibition.^[1] The concept of makruh varies slightly across the major schools of jurisprudence (madhhabs). In the Hanafi school, it is subdivided into two types: makruh tanzihi (mildly disliked, akin to permissible but better avoided, with no sin for performance) and makruh tahrimi (prohibitively disliked, nearly equivalent to haram in severity, where persistence may lead to sin though not full prohibition).^[3] Examples of makruh tanzihi include using the left hand for eating or not performing siwak (tooth-cleaning with a stick) before prayer, while makruh tahrimi might involve delaying the Asr prayer without excuse or fasting on the day of Eid al-Fitr.^[3] In contrast, the Shafi'i, Maliki, and Hanbali schools generally recognize makruh as a single category of mild discouragement without the tahrimi/tanzihi distinction, treating what Hanafis call makruh tahrimi as outright haram.^[4] Common examples across schools include women attending funeral processions or engaging in unnecessary conversation after the Isha prayer.^[5] This nuanced classification underscores makruh's role in guiding Muslims toward optimal piety without imposing undue burden.^[1]

Definition and Etymology

Linguistic Origins

The term makruh originates from the Arabic triliteral root k-r-h (ك-ر-ه), which conveys the basic sense of disliking, detesting, or finding something odious.^[6] This root, karaha, expresses a personal emotional response of aversion or repulsion, rooted in the everyday linguistic usage of classical Arabic.^[7] Classical Arabic lexicographers further elaborated this meaning in comprehensive dictionaries. This purely linguistic sense of personal detestation laid the groundwork for its later adaptation in Islamic jurisprudence.

Technical Definition in Fiqh

In Islamic jurisprudence (fiqh), makruh denotes an act that the Shariah discourages without imposing a prohibition, meaning the performer incurs no sin, while abstention earns spiritual reward. This ruling falls under the taklifi ahkam, emphasizing moral preference over legal compulsion.^[8] The core principle of makruh derives from prophetic guidance in hadith literature, highlighting avoidance of detestable matters lacking explicit bans. A key example is the sahih hadith narrated by al-Hasan ibn 'Ali, in which the Prophet Muhammad (peace be upon him) instructed: "Leave what makes you in doubt for what does not make you in doubt. The truth brings tranquility while falsehood sows doubt." This tradition establishes makruh as pertaining to doubtful or disliked actions, promoting piety through voluntary restraint.^[9] In contrast to haram, which represents an absolute prohibition with enforceable penalties in both worldly and afterlife contexts, makruh carries no such consequences, distinguishing it by its advisory nature rather than punitive enforcement. The term makruh, rooted in the Arabic verb karuha meaning "to dislike," underpins its juristic application as a nuanced category within Shariah.^[10]

Classification in Islamic Jurisprudence

The Five Ahkam Taklifi

In Islamic jurisprudence, the ahkam taklifi (declaratory rulings) form the foundational framework for categorizing human actions according to their moral and legal status under Shari'ah, derived primarily from the Quran and Sunnah through principles of textual interpretation and ijtihad.^[11] These rulings address the taklif (addressing of legal responsibility) to mukallafun (morally accountable individuals), ensuring every act falls into one of five categories that guide ethical conduct and divine accountability.^[12] Classical usul al-fiqh texts, such as those by Al-Shatibi in Al-Muwafaqat fi Usul al-Shari'ah, establish this classification as essential for deriving rulings aligned with the objectives of Shari'ah (maqasid al-shari'ah).^[11] The five ahkam taklifi are as follows:

Wajib (Obligatory): This ruling imposes a binding duty on the mukallaf to perform the act, with omission incurring sin and potential punishment; it is established by definitive (qat'i) or speculative (zanni) evidence from the Quran or Sunnah, such as commands (amr) like the five daily prayers.^[11] In the Hanafi school, wajib is distinguished from fard (absolute obligation based on definitive proof), though both entail enforcement.^[11]
Mandub or Sunnah (Recommended): Acts falling under this category are praiseworthy and earn reward if performed, but their omission does not constitute sin; they are indicated by encouraging texts in the Quran or Sunnah, such as supererogatory prayers or voluntary charity.^[12] This ruling promotes supererogatory devotion beyond the obligatory.^[11]
Mubah (Permissible): These are neutral acts where performance or omission carries no moral or legal consequence, reward, or penalty, serving as the default presumption for actions not addressed by specific texts; examples include ordinary eating or sleeping, unless context alters the status.^[11] The Quran often implies permissibility through silence or general affirmations of human needs.^[13]
Makruh (Disliked): This category denotes acts that are reprehensible and best avoided, though commission does not entail sin or punishment; it arises from speculative evidence in the Sunnah suggesting disapproval, positioning makruh as a nuanced intermediary between permissible and forbidden.^[11]
Haram (Forbidden): Acts under this ruling are strictly prohibited, with performance leading to sin and liability for expiation or punishment; they are derived from explicit prohibitions (nahy) in the Quran or Sunnah, such as usury or adultery, divided into inherent (li-dhatihi) and conditional (li-ghayrihi) types.^[11]^[13]

These categories, as elaborated in works like Al-Ghazali's Al-Mustasfa and Al-Shatibi's Al-Muwafaqat, provide a comprehensive taxonomy for human actions, balancing compulsion, encouragement, neutrality, discouragement, and prohibition to foster individual and societal harmony.^[11]

Position of Makruh Among Them

Makruh holds a distinct position within the framework of the five ahkam taklifi in Islamic jurisprudence, serving as the category for acts that are permissible but discouraged, thereby occupying a middle ground between the fully allowable (mubah) and the strictly prohibited (haram). This classification allows for practical flexibility, as individuals are not obligated to abstain from makruh acts, yet doing so is considered praiseworthy. Unlike haram rulings, which demand absolute avoidance under threat of sin, makruh provides a nuanced approach to moral and legal conduct, encouraging piety without imposing binding enforcement.^[14] In terms of legal consequences, the commission of a makruh act does not incur divine punishment or moral culpability, distinguishing it sharply from haram, where violation results in sin and potential accountability in the hereafter. Conversely, abstaining from makruh is rewarded, fostering a system of incentives rather than penalties and aligning with the broader objectives of Shariah to promote ease and moderation in religious practice. This hierarchy underscores makruh's role as non-absolute halal, often associated with doubtful or vague matters (syubhah) that warrant caution but not outright rejection.^[10] The juristic rationale for designating acts as makruh derives from evidences that lack the definitiveness required for obligatory or prohibitive rulings, such as speculative (zanni) texts, weak hadiths, or analogical reasoning (qiyas). For instance, principles of leniency in usul al-fiqh permit the use of weak hadiths to establish non-obligatory discouragements, as seen in traditions advising avoidance of doubtful matters, like the hadith "Leave what makes you doubtful for what does not make you doubtful" reported in Sahih al-Bukhari and Sahih Muslim. Qiyas further supports this by extending rulings from established cases to similar ones where evidence is indirect, ensuring Shariah accommodates varying degrees of textual clarity without overextending prohibitions. Scholars such as al-Nawawi and al-Zuhayli emphasize this evidentiary threshold to maintain the balance between guidance and permissiveness in fiqh.^[15]^[10]

Types of Makruh

The Hanafi school subdivides makruh into two types: makruh tahrimi and makruh tanzihi.

Makruh Tahrimi

Makruh tahrimi constitutes the more severe category within the makruh rulings of Islamic jurisprudence, denoting acts that are strongly detestable due to evidence that is compelling yet not definitively conclusive, such as solitary hadiths (ahad). These proofs, known as speculative evidence (dalil dhanni), establish a command for abstinence without reaching the level of certainty required for haram prohibitions.^[3]^[16] The spiritual implications of makruh tahrimi are significant: abstaining from such acts yields substantial reward, equivalent to fulfilling an obligatory wajib duty, while committing them results in sinfulness that necessitates repentance, though it lacks the full punitive consequences of haram acts, such as prescribed hudud penalties. This positions makruh tahrimi as a near-prohibitive ruling, where persistence may elevate the act toward greater moral culpability.^[17]^[18] In the Hanafi school, makruh tahrimi approaches haram in severity, with the distinction paralleling that between wajib and fard in affirmative rulings—the former based on non-definitive texts that still demand avoidance to avert sin. Unlike the milder makruh tanzihi, tahrimi forms the more intense end of the makruh spectrum, underscoring its proximity to outright forbiddance.^[3]

Makruh Tanzihi

Makruh tanzihi represents the milder category of makruh acts in Islamic jurisprudence, where an action is deemed undesirable based on evidence that is not definitive or binding, rendering avoidance praiseworthy yet not obligatory.^[3] This form of makruh arises from speculative or weaker indications in the sources of Shariah, distinguishing it from makruh tahrimi primarily through the lesser strength of its evidential basis.^[18] Scholars classify it as closer to permissible (mubah) than to prohibited, emphasizing a gentle discouragement rather than strict restraint.^[19] In terms of spiritual consequences, performing a makruh tanzihi act incurs no sin or punishment, though abstaining from it yields a minor reward, akin to the merit of optional good deeds.^[20] This reward structure underscores its position as a recommended avoidance without legal compulsion, encouraging believers to refine their conduct for enhanced piety without fear of accountability for indulgence.^[21] Within fiqh, makruh tanzihi rulings are frequently derived through scholarly ijtihad, where jurists interpret ambiguous texts or evaluate cultural customs that may undermine spiritual refinement, deeming them undesirable without elevating them to prohibition. This application allows flexibility in everyday matters, prioritizing the cultivation of virtue over rigid enforcement, and reflects the adaptive nature of Islamic law to varying evidential contexts.^[22]

Examples of Makruh Acts

In Worship

In Islamic jurisprudence, makruh acts within worship refer to those practices that are discouraged during rituals like salah (prayer) but do not render the act invalid, promoting a higher standard of devotion.^[23] A prominent example is consuming raw garlic or onions before performing salah or entering the mosque, due to the offensive odor that may disturb fellow worshippers. The Prophet Muhammad (peace be upon him) stated, "Whoever has eaten garlic or onion should keep away from our mosque or should remain in his house," as narrated in Sahih al-Bukhari and Sahih Muslim. This ruling stems from consideration for communal prayer etiquette, where the smell is deemed unpleasant to angels and people alike, yet eating such foods outside of prayer times remains permissible.^[24] Another instance involves partial or temporary uncovering of the awrah (private parts) during salah in ways that do not meet the threshold for invalidation, such as in the Hanafi school where less than one-quarter of an awrah limb is exposed briefly. According to Hanafi fiqh, such exposure, if unintentional and quickly corrected, renders the prayer valid but makruh if due to negligence, emphasizing the importance of modest covering without strict obligation beyond the minimal requirement.^[25]^[26] The Prophet also disapproved of certain postures in salah that deviate from the sunnah without nullifying the prayer, such as placing hands on the hips. Abu Hurairah narrated that the Messenger of Allah prohibited putting one's hands on one's hips during salah, as reported in Sunan Abi Dawud. Similarly, leaning on the left hand while sitting in prayer or drawing up the knees excessively during the khutbah (Friday sermon) is discouraged to maintain proper humility and attentiveness. These acts remain valid, but avoiding them enhances spiritual focus and rewards, aligning with the principle that makruh practices in worship encourage optimal adherence to prophetic example over mere technical fulfillment.^[27]

In Daily Conduct

In personal and familial matters, demanding an excessive dowry (mahr) in marriage customs is viewed as makruh, as it burdens the groom and delays unions, opposing the simplicity encouraged in the Sunnah. The Prophet stated, "The best of dowries is the simplest," as narrated in Sunan al-Tirmidhi, advising against exaggeration that could lead to financial strain or unmarried individuals. Scholars like Ibn Baz have reinforced this by deeming high demands disliked, prioritizing ease in marital agreements.^[28] These makruh acts draw from the Prophet's narrations that warn against extravagance and rudeness without declaring them outright haram, fostering self-restraint in muamalat (social transactions). For example, hadiths on avoiding israf (waste) highlight reward for abstinence, aligning with broader prophetic teachings on balanced living. Cultural variations influence how makruh is applied in daily conduct across Muslim societies, adapting core principles to local norms while rejecting excesses. In some regions, elaborate wedding practices may be deemed makruh if they promote ostentation, yet simplified versions aligned with Sunnah are permissible; this flexibility ensures fiqh remains relevant without compromising essentials like moderation.^[29] Such adaptations, as seen in diverse communities from South Asia to the Middle East, maintain the spirit of discouragement against harmful customs.^[30]

Scholarly Perspectives

Views Across Madhabs

In the Hanafi school of jurisprudence, makruh is understood as an act warranting speculative abstinence, where the ruling is derived from non-definitive (zanni) evidences rather than explicit prohibitions, positioning it between permissible (mubah) and forbidden (haram).^[3] This category is subdivided into makruh tahrimi, which is nearly equivalent to haram due to strong indications of disapproval and incurs sin if performed intentionally, and makruh tanzihi, which is mildly disliked without sin but rewarded for avoidance.^[19] Hanafi scholars emphasize that tahrimi acts approach prohibition in severity, often requiring atonement similar to wajib obligations, as elaborated in foundational texts like Al-Hidayah by Al-Marghinani.^[16] The Shafi'i and Maliki schools approach makruh with a focus on the strength of evidential support from Quranic and Prophetic sources, treating it primarily as advisory rather than binding. In the Shafi'i madhab, makruh constitutes a single category without the tahrimi-tanzihi distinction, denoting acts the Lawgiver dislikes but does not strictly prohibit, such that performing them yields no sin though abstaining earns reward; persistence in such acts, however, may elevate to unlawfulness.^[4] This perspective is rooted in evidential balance, where disapproval arises from indications leaning toward avoidance, as detailed in Imam al-Shafi'i's Al-Umm, which prioritizes textual hints over speculative gradations.^[31] Similarly, Maliki jurists view makruh as mildly discouraged based on preponderant evidence short of definitive prohibition, often drawing from prophetic practice or communal benefit in Medina; acts with near-definitive proofs of disapproval are classified as haram rather than a separate category of severe makruh.^[31] Imam Malik's Al-Muwatta exemplifies this by classifying acts like certain prayer postures as makruh when they deviate from established norms without explicit ban.^[32] In contrast, the Hanbali school recognizes makruh as a single category but applies stricter criteria based on authentic but non-decisive evidences, often classifying acts that Hanafis term makruh tahrimi as outright haram due to implied severe disapproval. While treating makruh as lightly advisory in milder cases, Hanbalis emphasize caution to safeguard against slipping into haram, as reflected in works like Ibn Qudamah's Al-Mughni, which underscores the moral imperative to avoid such acts to preserve piety.^[31] This approach highlights a conservative application, where evidential speculation prompts heightened restraint compared to the more graduated views in other madhabs.^[33]

Historical Evolution

The concept of makruh emerged implicitly during the Prophetic era, rooted in the traditions and sayings of the Prophet Muhammad that discouraged certain actions without employing formalized legal categories. Hadith collections such as Sahih al-Bukhari and Sunan al-Tirmidhi contain narrations where the Prophet advised avoidance of doubtful or disliked matters, such as leaving what causes doubt for what does not, to foster moral caution and piety among believers. These early indications emphasized ethical restraint rather than strict prohibition, laying the groundwork for later jurisprudential classification without explicit terminology for makruh as a distinct ruling. During the 8th and 9th centuries CE, the codification of makruh occurred as part of the development of usul al-fiqh, with key contributions from foundational scholars like Abu Hanifa (d. 767 CE) and Muhammad ibn Idris al-Shafi'i (d. 820 CE). Abu Hanifa, in the Hanafi school, defined makruh as an act approaching the unlawful in its qualities yet not fully prohibited, integrating it into the spectrum of ahkam taklifi (declaratory rulings) to guide practical ethics.^[3] Al-Shafi'i further systematized this in his seminal Al-Risala, establishing principles for deriving such rulings from Quran and Sunnah, thereby formalizing makruh as a category distinct from haram (forbidden) while emphasizing its role in preserving communal harmony.^[34] This period marked the transition from ad hoc Prophetic guidance to structured fiqh methodologies, influencing subsequent legal schools. In the 14th century CE, refinements to the makruh concept appeared in works addressing broader ethical frameworks, notably Ibrahim ibn Musa al-Shatibi's (d. 1388 CE) Al-Muwafaqat fi Usul al-Shari'a. Al-Shatibi positioned makruh within the maqasid al-shari'ah (objectives of Islamic law), viewing it as a tool to protect essential human interests like intellect and societal welfare by discouraging acts that undermine moral equilibrium without mandating punishment.^[35] His analysis elevated makruh from a mere avoidance to an integral element of ethical jurisprudence, aligning it with the shari'ah's overarching goals of beneficence and harm prevention.^[36] In the post-colonial era, adaptations of makruh have extended to contemporary contexts through fatwas addressing modern challenges, particularly technology use. Scholars have issued rulings deeming excessive engagement with social media or digital tools makruh when they lead to time wastage, privacy violations, or promotion of unethical content, as seen in analyses by bodies like the Assembly of Muslim Jurists of America (AMJA).^[37] These fatwas reflect an ongoing evolution, applying makruh to balance innovation with Islamic ethical priorities in a globalized world.

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