Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ (Islamic Disputation Theory) particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn (...) al-Kātibī. Although no mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum (implication), tanāfī (incompatibility) and dawarān (concomitance). A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn al-Kātibī. Although no (...) mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum, tanāfī and dawarān. A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ (Islamic Disputation Theory) particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn (...) al-Kātibī. Although no mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum (implication), tanāfī (incompatibility) and dawarān (concomitance). A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Al-ʽĀmirī’s Chapters on Metaphysical Topics are an impressive example of the fusing of Greek Neoplatonism with Islamic Theology. Being a paraphrase of the Proclean Elements of Theology , they provide a better understanding of the tradition of the Liber de Causis in Arabic.

In the Islamic period, Apollonius of Tyana was well known both as “Lord of the Talismans” and as a Neo-Pythagorean-Hermetic philosopher. In his Kitāb al-Aḥjār, Jābir b. Ḥayyān cites “the Muslim advocates of Apollonius”. The reference shows that Apollonius’ most prominent work, Sirr alkhalīqa, was already famous in the Arabicspeaking world from very early on. This article gives an overview of citations of Apollonius in Islamic sources from different fields and of the works generally attributed to him. Furthermore, I review (...) Sirr al-khalīqa, its influences on the Jābirian works and its reception in the Ismā‘īlī tradition. This article additionally discusses an Arabic commentary of Sirr al-khalīqa by ‘Awn b. al-Mundhir, which is extant in a unique manuscript, and its hitherto unknown Persian translation. This Persian translation covers parts of Ibn al-Mundhir’s work not available in the Arabic excerpt and is therefore an important source for the history of Islamic alchemy. An edition of the Persian translation is given as an appendix. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

Haber-i vâhidin delil değeri problemi, 2. (8.) yüzyıldan itibaren kelamcılar (:Mutezile), fıkıhçılar ve hadisçiler arasında tartışılan ve hakkında kayda değer bir literatür ortaya çıkan usûlî konuların başında gelmektedir. Şeybânî (ö. 189/805), Şâfiî (ö. 204/820), İsâ b. Ebân (ö. 221/836) ve Buhârî (ö. 256/870) gibi sünnî ekolün tanınmış fıkıh ve hadis alimlerinin haber-i vâhid lehine ortaya koydukları çalışmalar bu noktada oldukça etkili olmuştur. Bu etkinin bir sonucu olarak başlangıçta haber-i vâhidi toptancı bir yaklaşımla reddeden Mutezili isimler, yerini zamanla Ebû Ali el-Cübbâî (...) (ö. 303/916) gibi başka bir delille desteklenmesi şartıyla kabul eden alimlere bırakmıştır. Cübbâî, muhtemelen Kitâbü’l-ahbâr isimli günümüze ulaşmayan çalışmasında, hem tek kişinin haberi anlamındaki haber-i vâhidin hücciyet delillerini tenkit etmiş hem de çeşitli delillerle kendi kişisel görüşünü temellendirmeye çalışmıştır. Onun bu tenkit ve görüşleri, 4. (10.) yüzyılın önemli Hanefi fakih ve usulcüsü Cessâs (ö. 370/981) tarafından usul ilminin kurucu metinlerinden el Fusûl’de üstü kapalı bir şekilde nakledilmiş ve eleştirel bir değerlendirmeye tabi tutulmuştur. Araştırmamızda Cübbâî’nin, haber-i vâhidin delil değeri, kabul şartları konusundaki eleştiri ve görüşleri ile Cessâs’ın ona verdiği cevaplar ve karşı eleştirileri ele alınmıştır. (shrink)

Behaving ethically depends on the ability to recognize that ethical issues exist, to see from an ethical point of view. This ability to see and respond ethically may be related more to attributes of corporate culture than to attributes of individual employees. Efforts to increase ethical standards and decrease pressure to behave unethically should therefore concentrate on the organization and its culture. The purpose of this paper is to discuss how total quality (TQ) techniques can facilitate the development of a (...) cooperative corporate culture that promotes and encourages ethical behavior throughout an organization. (shrink)

In light of the development of “CRISPR” technology, new promising advances in therapeutic and preventive approaches have become a reality. However, with it came many ethical challenges. The most recent worldwide condemnation of the first use of CRISPR to genetically modify a human embryo is the latest example of ethically questionable use of this new and emerging field. Monotheistic religions are very conservative about such changes to the human genome and can be considered an interference with God’s creation. Moreover, these (...) changes could cause perpetual changes to future generations. The Muslim scholars establish their decisions by addressing five foundations of Islamic law i.e. “maqāṣid al sharı̄`a”; the purposes of the law. These are dın̄, nafs, nasl, `aql and māl. To achieve this, the five principles should all be met before approval of an experiment like the Chinese embryo modifications; Qaṣd which is achieved in this case as it aims to protect the embryo from HIV. Yaqın̄ and Ḍarar were not satisfied as they require strong scientific certainty of the procedures, and evidence of safety. Ḍarūra by which the alternatives being compared; in this case more established and proven safe alternatives to protect the HIV transmission from the father are available, so this principle is not met. The final principle is `Urf, by which the social context of using any contemporary technology should be taken in consideration, and clearly this was not achieved. Collectively, germline changes are rejected from an Islamic perspective until the five principles are fulfilled. In the Chinese Twins gene editing case, there was clearly no justification or support for it according to the Muslim Jurisprudence laws. These laws and approaches can serve as an ethical checklist for such controversial research, especially in early stages of the research. (shrink)

We provide a critical assessment of the ambiguity aversion literature, which we characterize in terms of the view that Ellsberg choices are rational responses to ambiguity, to be explained by relaxing Savage's Sure-Thing principle and adding an ambiguity-aversion postulate. First, admitting Ellsberg choices as rational leads to behaviour, such as sensitivity to irrelevant sunk cost, or aversion to information, which most economists would consider absurd or irrational. Second, we argue that the mathematical objects referred to as “beliefs” in the ambiguity (...) aversion literature have little to do with how an economist or game theorist understands and uses the concept. This is because of the lack of a useful notion of updating. Third, the anomaly of the Ellsberg choices can be explained simply and without tampering with the foundations of choice theory. These choices can arise when decision makers form heuristics that serve them well in real-life situations where odds are manipulable, and misapply them to experimental settings. (shrink)

Lately in the past couple of years, there are an increasing in the normal rate of playing computer games or video games compared to the E-learning content that are introduced for the safety of our children, and the impact of the video game addictiveness that ranges from (Musculoskeletal issues, Vision problems and Obesity). Furthermore, this paper introduce an intelligent tutoring system for both parent and their children for enhancement the experience of gaming and tell us about the health problems and (...) how we can solve them, with an easy user interface that way can our children be happy and excited about the information and their health. (shrink)

This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor hierarchy (...) of the well-known legal reasoning system CATO can be used to instantiate an ADF for the domain of US Trade Secrets. This is intended to demonstrate the suitability of ADFs for expressing the design of legal cased based systems. The method is then applied to two other legal domains often used in the literature of AI and Law. In each domain, the design is provided by the domain analyst expressing the cases in terms of factors organised into an ADF from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. We evaluate the ease of implementation, the performance and efficacy of the resulting program, ease of refinement of the program and the transparency of the reasoning. This evaluation suggests ways in which factor based systems, which are limited by taking as their starting point the representation of cases as sets of factors and so abstracting away the particular facts, can be extended to address open issues in AI and Law by incorporating the case facts to improve the decision, and by considering justification and reasoning using portion of precedents. (shrink)

As emphasised in Islamic sources, justice is one of the most important issues covered in the religion of Islam. In fact, justice is a central theme in Islam and has a special value in this regard. Conversation about justice and its nature, as well as its realisation in human communities, has been thus far a necessity in human life. Actually, the establishment and implementation of justice in all areas are crucial for the utopia. Given the importance of this subject, the (...) present study aims to determine and explain the components of the justice-oriented Islamic community based on the teachings of Nahj al-Balaghah. Therefore, the components that introduce justice orientation in the Islamic community are extracted from the sermons, letters and wise sayings (viz. narrations) of Nahj al-Balaghah. Afterward, the extracted components are classified based on the similarity of the themes and concepts. In the end, five classifications are introduced, including distributive justice, procedural justice, interactional justice, social justice and fairness.Contribution: Based on the determined indices, the model of justice-oriented Islamic community is developed. It is thus recommended to pay more attention to the realisation of a justice-oriented Islamic community by researchers and leaders. This is mainly because of the fact that the opposite of a justice-oriented community is one with injustice, where oppression and disrespect for the rights of others occur, divine blessings change, divine wrath and anger are provoked and destruction approaches. (shrink)

Aims To examine the understanding of the ethical dilemmas associated with Big Data and artificial intelligence (AI) among Jordanian medical students, physicians in training, and senior practitioners. Methods We implemented a literature-validated questionnaire to examine the knowledge, attitudes, and practices of the target population during the period between April and August 2023. Themes of ethical debate included privacy breaches, consent, ownership, augmented biases, epistemology, and accountability. Participants’ responses were showcased using descriptive statistics and compared between groups using t-test or ANOVA. (...) Results We included 466 participants. The greater majority of respondents were interns and residents (50.2%), followed by medical students (38.0%). Most participants were affiliated with university institutions (62.4%). In terms of privacy, participants acknowledged that Big Data and AI were susceptible to privacy breaches (39.3%); however, 59.0% found such breaches justifiable under certain conditions. For ethical debacles involving informed consent, 41.6% and 44.6% were aware that obtaining informed consent posed an ethical limitation in Big Data and AI applications and denounced the concept of “broad consent”, respectively. In terms of ownership, 49.6% acknowledged that data cannot be owned yet accepted that institutions could hold a quasi-control of such data (59.0%). Less than 50% of participants were aware of Big Data and AI’s abilities to augment or create new biases in healthcare. Furthermore, participants agreed that researchers, institutions, and legislative bodies were responsible for ensuring the ethical implementation of Big Data and AI. Finally, while demonstrating limited experience with using such technology, participants generally had positive views of the role of Big Data and AI in complementing healthcare. Conclusion Jordanian medical students, physicians in training and senior practitioners have limited awareness of the ethical risks associated with Big Data and AI. Institutions are responsible for raising awareness, especially with the upsurge of such technology. (shrink)

Drawing on ancient and modern sources, "a lucid discussion of Taoism and the Chinese language [that's] profound, reflective, and enlightening." —Boston Globe According to Deepak Chopra, "Watts was a spiritual polymatch, the first and possibly greatest." Watts treats the Chinese philosophy of Tao in much the same way as he did Zen Buddhism in his classic The Way of Zen. Critics agree that this last work stands as a perfect monument to the life and literature of Alan Watts. "Perhaps the (...) foremost interpreter of Eastern disciplines for the contemporary West,... Watts begins with scholarship and intellect and proceeds with art and eloquence to the frontiers of the spirit."—Los Angeles Times. (shrink)

Maḥmūd, Zakī Najīb; 1905- ; philosophy; criticism and interpretation.

Eliade, Mircea, 1907-1986; religious; thoughts; philosophy.

The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...) Hafner. (shrink)

The article addresses the gendered implications of Covid-19 in the Global South by paying attention to the intersectional pre-existing inequalities that have given rise to specific risks and vulnerabilities. It explores various aspects of the pandemic-induced ‘crisis of social reproduction’ that affects women as the main caregivers as well as addressing the drastic increase of various forms of gender-based violence. Both, in addition to growing poverty and severely limited access to resources and health services, are particularly devastating in marginalized and (...) vulnerable communities in the Global South. The article looks at specific regions and countries to illustrate wider challenges faced by LGBTQ populations, ethnic minorities, domestic workers, migrants and sex workers. Against the background of these gendered intersectional challenges, the article then moves to discuss feminist initiatives and mobilizations to deal with the crisis in specific local contexts as well as nationally, regionally and transnationally. It concludes by highlighting a number of visions, tensions and dilemmas faced by feminists in the Global South that will need to be taken into consideration in terms of transnational feminist solidarities. (shrink)

The paper interrogates the status, nature and significance of epistemological relativism as a key element of constructionism and critical realism. It finds that epistemological relativism is espoused by authorities in critical realism and marginalized or displaced in the field of management and organization studies, resulting in forms of analysis that are empirically, but not fully critically, realist. This evaluation prompts reflection on the question of whether, how and with what implications epistemological relativism might be recast at the heart of critical (...) realist studies of management and organization. (shrink)