The effect of suppositive evidence on the terminology of al-hukm al-Taqlifī in the Hanafi school

It is a well-known fact that the distinctions between fard and wajib and haram and tahriman makruh in the Hanafi school stem from the differences in the knowledge and practical value of the evidence that leads to the ruling. In this context, if the evidence is certain, the ruling is stated to be fard or haram, and if it is doubtful, it is stated to be wajib or tahriman makruh. This study examines the nature and scope of this approach. accordingly, it is attempted to determine whether the Hanafis consider all of the rulings whose evidence is established by fictitious scriptures, khabar al-wâhid, fictitious types of ijma, or qiyas to be in the category of wajib or tahriman makruh. In the research, firstly the theoretical dimension was emphasized at the conceptual level and then the practical dimension was emphasized through examples. As a result of the research, it was concluded that the distinctions made by the Hanafīs in the terminology of taklīfī judgment on the basis of the certainty and presumptiveness of evidence and the approach they developed are related to the understanding of ziyāda 'alā al-nas.