The Distinction of Fard-Wajib in Hanafi Fiqh thought

The concepts fard and wajib, which are types of al-hukm al-taklifi, whether they are synonymous or not, is one of the most discussed issues in the usul al-fiqh books of both Hanafi school and other schools. While Hanafis stated that the two concepts are not synonymous and produce different results, according to all, fard and wajib are two synonymous concepts used interchangeably. As a result, this difference of opinion has led to jurisprudential disputes and debates, and this issue has definitely been touched on in almost all the books of usul and furu. Although Hanafis' different evaluations of the concepts fard and wajib appear simple when looked at superficially, the issue becomes complex when considered holistically. Therefore, the distinction made has not been fully understood by many school followers. Sometimes, criticism has been made that Hanafis are not consistent within themselves when using concepts. In our study, although the Hanafis are at the center, it has been examined how the opponents approached the issue and which debates they dealt with. In particular, answers have been sought to the criticisms of the inconsistency of the Hanafis and the issues that have a problematic appearance and Hanafi fiqh books have been studied in this direction. Due to its importance, it has also been dealt with the claims that the discussion is literal and tried to be explained in detail.