According to Hanafi jurisprudence, marrying Jews or Christians is Makruh Tahrimi. Why is it Makruh Tahrimi even though it is allowed in the Qu'ran?

Question

According to Hanafi jurisprudence, marrying Jews and Christians is Makruh Tahrimi. Makruh Tahrimi acts are minor sins. Why is it Makruh Tahrimi if the Quran allows marriage to Jews or Christians?

Source: http://www.myreligionislam.com/detail.asp?Aid=6279

A book called Taleemul Haq which is based on Hanafi views say that is is haram and not Makruh Tahrimi.

The first type of makruh is close to haram, that is, makruh tahrimi (strictly abominable), for example quitting a deed that is wajib ( religiously obligatory). Not committing this type of makruh causes to earn thawab (reward for good deeds) whereas there is a possibility for the committer to be punished. (http://www.questionsonislam.com/node/13057)

Answer 1

In the hanafi fiqh markooh tahrimi seems to mean that something is not clearly considered as haram by a text (so there's a dispute among scholars, which leave a hint of a doubt about the unlawfulness of this act).

When we read verse in (5:5):

... And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers ...

we must be aware that scholars have different opinions and interpretations of the part about the chaste women among people of the book: Some say it is not lawful to marry christian or jewish slaves (among them Imam Malik, but this is based on a verse in surat an-Nisa')!

Others say it is only halal to marry free women among people of the book whom are not actually in war with Muslims (among them the hanafis). So marrying a dhimi lady (tribute paying non-Muslims who are protected by Muslims) would be lawful for all those scholars, while marrying a woman from a country which is at war with Muslims (dar al harb) wouldn't be for some of them.

So as you see there's a dispute here even if the Quran aparently says that it is lawful. I hope this helps for now.

For details on the hanafi madhab I'd recommend you to check tafsir abu Bakr al-Jassas ابو بكر أحمد بن علي الرازي الجصاص it is a tafsir al-ahkam.

Answer 2

Shami writes in Radd al Muhtar that it is considered Makruh Tanzihi to marry a Dhimmi Kitabee (Dhimmi means subject of the Islamic State) and Makruh Tahrimi to marry a Harbi Kitabee (Harbi means from the Dar ul Harb, a country at war with the Islamic state).

( وصح نكاح كتابية ) ، وإن كره تنزيها)

Nikah is correct with a Kitabee. Though it is Makruh Tanzihi

والأولى أن لا يفعل يفيد كراهة التنزيه في غير الحربية ، وما بعده يفيد كراهة التحريم في الحربية تأمل

The Karahat (dislike) is tanzihi when with a non-harbi ... and the karahat is tahrimi when with a harbi.

The reason for the second case being disliked is explained in Tafsir Al Jassass as the conflict that such a marriage would entail between the following commands:

The command to be stern with them:

Quran 58:22 You will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger, even if they were their fathers or their sons or their brothers or their kindred. Those - He has decreed within their hearts faith and supported them with spirit from Him. And We will admit them to gardens beneath which rivers flow, wherein they abide eternally. Allah is pleased with them, and they are pleased with Him - those are the party of Allah . Unquestionably, the party of Allah - they are the successful.

Quran 9:29 Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.

The command to treat wives with kindness and affection:

Quran 30:21 And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.

Quran 4:19 ... And live with them in kindness. ...