According to Islamic law, there are rules and prohibitions that Muslims must follow in their actions and transactions. The prohibition of interest has been decisive in many actions, especially in debt. Accordingly, Muslims cannot put forward a condition of interest in their debt, nor can they take any transactions under this condition. Many jurists viewed interest not only as an excess of the debt but also as any benefit that the creditor would receive from the debtor other than the amount (...) of the loan, and they evaluated it within the scope of interest. Since the lender of “qard”, which is generally used to define the debt, should not receive anything in return and should expect its reward from Allah, this was called “qard al-hasen”, quoting the relevant verses of the Qur’an, and Muslims tried to meet their credit needs through qard al-hasen. However, in some cases, people had difficulty obtaining the credit they needed, and especially in the modern period, the need for credit has increased both individually and institutionally. Therefore, Muslims tried to meet their need for qard by resorting to different ways within the limits of the Shariʽah. While applications based on transactions such as sukuk, mudaraba and murabaha and those based on intermediary transactions such as the purchase and sale of goods or partnerships were developed, applications based on direct debt without resorting to such transactions remained almost non-existent. However, from the expressions in the books of classical fiqh, it is understood that the juʽalah, which is defined as “promising a reward in return for an action”, can be used for obtaining qard under certain conditions. In this type of juʽalah, which can be named as juʽalah ala al-iqtirad, a person in need of qard promises a certain reward from third parties to the person who provides him qard. Considering that there is a qard in question in this transaction and that the debtor pays more than the qard he has received, it is necessary to examine the opinions about this transaction's relationship with interest and its validity. The main focus of the research will be answers to questions such as the conditions that the aforementioned juʽalah transaction must meet to be valid, in what ways this transaction differs from interest-bearing transactions, and within which limits. (shrink)

Two dominant interpretations of Kant's notion of adherent beauty, the conjunctive view and the incorporation view, provide an account of how to form informed aesthetic assessments concerning artworks. According to both accounts, judgments of perfection play a crucial role in making informed, although impure, judgments of taste. These accounts only examine aesthetic responses to objects that meet or fail to meet the expectations we have regarding what they ought to be. I demonstrate that Kant's works of genius do not fall (...) within either of these categories. The distinguishing features of these works, namely, originality and exemplarity, become unrecognizable on these interpretations because originality and exemplarity lie in the work's ability to exceed one's expectations concerning its form and content. They contribute to artistic beauty through alternative transformation methods distinct from that of abstraction, namely, concept expansion and repudiation. These additional accounts of transformation lead to a rather surprising outcome: works of genius turn out to be paradigm cases where one can and indeed ought to form informed pure judgments of taste. (shrink)

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present (...) an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll. (shrink)

Providing effective care to patients and making the right decisions in difficult working environments depend on moral sensitivity. Emotional intelligence and ethical sensitivity affect nursing care. This study aimed to investigate the relationship between nursing students’ emotional intelligence and ethical sensitivity levels. The research employed a descriptive-correlational design, 201 nursing students studying at a university in the Central Anatolia region, Turkey, participated in the study. Students’ ethical sensitivity was found to be significant. The nursing students received the highest score in (...) the “Interpersonal Orientation” sub-dimension of the Moral Sensitivity Scale, while their lowest score was observed in the “Experiencing ethical dilemma” sub-dimension. The SSREIT and MMSQSN total scores of the students who willingly chose the nursing department and loved their field were found to be higher. It was found that the ethical sensitivity of nursing students was at a significant level and gender, family type, having sibling and perception of economic status affected the level of ethical sensitivity. (shrink)

This paper applies the account developed by Susanna Siegel in The Rationality of Perception to aesthetic cases and explores the implications of such an account for aesthetic engagement as well as curatorial and exhibitionary practices. It argues that one’s prior outlook – expertise, beliefs, desires, fears, preferences, attitudes – can have both aesthetically good and bad influences on perceptual experiences, just as it can have both epistemically good and bad influences. Analysing these bad influences in cases of ‘hijacked’ aesthetic perception (...) will reveal that, unless we recognize that our perception of high-level and low-level aesthetically relevant properties is norm-governed, we will be at a loss to explain what goes wrong in these cases. Just as perception can be rational or irrational, so too can it be apt or inapt. (shrink)

In his recent article, “Beauty and Utility in Kant’s Aesthetics: The Origins of Adherent Beauty,” Robert Clewis aims to offer a fresh perspective on Kant’s views on the relation between beauty and utility. While, admittedly, a fresh approach is hard to come by, given the extensive treatment of the topic, Clewis thinks that a study of its historical context and origins might give us the needed edge. The most interesting and novel aspect of Clewis’s discussion is his detailed treatment of (...) Kant’s changing use of the term “selbstständig” (which in general means “independent,” “self-standing,” “stable,” “lasting,” “self-subsisting”). In the process of tackling the more general question as to what kind of eighteenth-century model of beauty-utility relation Kant proposes, Clewis addresses other issues, such as the seeming inconsistency between Kant’s earlier and later views on free and purpose-based beauty. As noted in the editor’s footnote of the Critique of the Power of Judgment (KU), while Kant uses the term “selbstständig,” in his precritical period to refer to “purpose-based beauty” (what he calls in the KU adherent or dependent beauty), he uses the same term to denote free beauty (independent beauty, that is to say) in the KU.1 Clewis argues that even though Kant uses the same term to refer to both dependent and independent beauty, albeit in different periods of his life, this switch in the application of the term is not caused by a change in the meaning of the term from Kant’s perspective, but a change in Kant’s views concerning the status of free beauty. I agree with Clewis that Kant did not change his mind about the meaning of the term “selbstständig.” Nevertheless, I disagree with the line Clewis pursues.I will argue that Clewis’s mistake lies in thinking that, throughout his career, Kant endorsed what he calls the “blocking-unifi cationist” view on the relation between beauty and utility (“beauty and perfection/utility are distinct concepts yet can be united or unifi ed” (2018, p. 309)). As I will show, this mistake results in an inconsistent story about Kant’s aesthetics as well as an inconsistency within Clewis’ own argument. I will try to articulate a more consistent story about the development of Kant’s ideas on aesthetics in general and his ideas on adherent beauty in particular by proposing that, contra Clewis, earlier Kant subscribed to what Clewis calls the “containment” account (beauty is a form of perfection) while the later Kant changed his mind (having given up on rationalism) and came to defend a version of “blocking-unificationist” view. (shrink)

This paper explores organizational spirituality, uncovers it as spiralling dynamics of both positive and negative potentialities, and proposes how leaders can shape these dynamics to improve the human conditions at the workplace. Based on case study of five Turkish organizations and drawing on the emerging discourse on spirituality in organizations literature, this study provides a deeper understanding of how dynamic patterns of spirituality operate in organizations. Insights from participant observation, organizational data, and semi-structured interviews yield three key themes of organizational (...) spirituality: reflexivity, connectivity, and responsibility. Each of these themes has been found to be connected to upward spirals (inspiration, engagement, and calling) and downward spirals (incivility, silence, and fatigue). The study provides a detailed and holistic account of the individual and organizational processes through which spirituality is enacted both positively and negatively, exploring its dynamic and dualistic nature, as embodied in the fabric of everyday life and culture. (shrink)

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of (...) notary publics has been decided by the Law on Non-Litigious Procedure. In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security. (shrink)

Sohbet (conversation) is a weekly, informal, religious-learning gathering that has been conducted by members of the Islamic Hizmet/Gülen Movement since its inception. The movement was established in Turkey in 1966 by Fethullah Gülen and his followers. It has evolved into a transnational social movement through educational, dialogical, and humanitarian aid/entrepreneurial activities. The movement was held responsible by the Turkish government for the so-called coup attempt in 2016. Tens of thousands of members fled, and the movement’s centre of gravity shifted from (...) Turkey to the diaspora. This ethnographic research project addresses the transformations within the movement during the diaspora phase. Focusing on a female sohbet group in Helsinki, I investigate the participants’ understandings of sohbet and how the sohbet has evolved since 2016. Thematic analysis reveals three predominant themes for understanding: socialization, belonging to a community, and a quest for piety. This article illustrates that sohbet is a space for religious learning, social interactions, and affirming a shared identity that shapes the hizmet habitus. Furthermore, sohbet revitalized the hizmet habitus following the forced migration. This study contributes to the existing literature on the sohbet by investigating it post-migration. Simultaneously, it contributes to studies on religious movements and how migration affects them. (shrink)

Distinction of ‘awām- khawāṣ (the ordinary and the elite) is a general distinction in philosophical literature that shows the difference of people in their level of understanding the truth. It is possible to take this distinction back to Plato in Ancient Greek philosophy. Plato's hesitation in expressing his philosophical thoughts in written form, and Aristotle's use of obscure expressions and symbols in his works against the possibility of reaching those who are not competent, is a result of the distinction between (...) ‘awām-khawāṣ. This distinction was covered in Islamic thought by associating it with the three addressing styles mentioned in the Quran and the fact that the prophet was proclaiming the message according to these addressing styles. The purpose of this study is to reveal how the truth should be conveyed to people of all levels through the evaluations of the Islamic philosophers and thinkers on the distinction between ‘awām and khawāṣ. In the study it will be attempted to find answers to the questions of what are the reasons leading the Islamic philosophers and thinkers to make the distinction between ‘awām and khawāṣ, what arguments they used to explained the necessity of this distinction and why is the distinction between ‘awām and khawāṣ so important. Firstly, the lexical and terminological meanings of the concepts of ‘awām and khawāṣ are introduced. The ‘awām, which is used to express the public, ordinary people, and the lower layer of the society, is a term that qualifies the ignorant society, who has adopted a system of imitation-based life and belief cannot understand the truth of life. Khawāṣ, who are defined as the elite, the prominent, who represents the intellectual group and strives to grasp the truth, base their life and belief on knowledge and attain a higher level of awareness. After the literal and terminological meanings, it has been proceeded to the historical background of this distinction. Then the views of Islamic philosophers and thinkers who directly point to this distinction in this regard have been examined by referring to their main works. These are al-Fārābī, Ikhvān-Ṣafāʾ, Ibn Sinā, Rāghıb al-Iṣfahānī, Ghazālī, Ibn Tufayl, Ibn Rūshd, Ibn'ūn-Nefīs. For instance, al-Fārābī makes a clear distinction between ‘awām and khawāṣ in his works on political philosophy. He addresses this distinction by stating that the virtuous city is divided into two groups, the difference is in the methods used by these group to grasp the truth, and that they can achieve happiness in different ways. Stating that people are made up of different groups, Ikhvān-Ṣafāʾ goes to the distinction of ‘awām- khawāṣ and classifies the sciences accordingly. In addition, Ikhvān-Ṣafāʾ say that the prophets pay attention to the mentioned distinction while communicating the message of Allah to people. Ikhvān-Ṣafāʾ have related this distinction to the distinction between exoteric and esoteric. The understanding of prophethood and eschatology of Ibn Sinā shows ‘awām-khawāṣ distinction very clearly, too. According to him the truth should be conveyed gradually. Ghazālī claims that the ‘awām should not demand the sciences that are not suitable for their cognitive level and that they should leave them to competent people. In Islamic thought the dominant idea is that both wisdom and religion are presented in exo-teric and esoteric knowledge and that the learning of the esoteric way is only necessary for the khawāṣ. The aim of the ‘awām-khawāṣ distinction is to prevent misunderstanding that would arise when the knowledge would be conveyed to wrong people and thus to prevent the loss of truth by those who are not competent. The majority of Islamic thinkers call ‘awām as people of imagination, and khawāṣ as people of thought. They think that the methods of thinking and imagining should be taken into account when explaining the religious and philosophical truths. They have also emphasized the perfection of the prophetic style of addressing society. The symbols and metaphors that the prophets used to express religious truths or the metaphors and symbolic stories that are preferred by philosophers to tell some truths can be seen as a product of the distinction between ‘awām and khawāṣ. As it can be seen in the example of Ḥay bin Ya-qẓān, explaining the truth clearly to ‘awām may cause them to deviate from the right way. For this reason, it is necessary to tell the truth to people according to their level of understanding. It is possible to say that the ideas of Islamic thinkers about this distinction still remain important to-day, due to the fact that people have different dispositions and their level of understanding is not the same despite a change in time and place. Therefore, the disadvantage as pointed out by the Islamic thinkers is that the attempt to convey the truth to people may not be able to reach its exact purpose by ignoring this distinction. (shrink)

The theme of childhood and education in Lyotard’s philosophy provides an interesting field of reflection combining education studies and continental philosophy. Childhood in Lyotard’s thought is mostly understood as infantia, a concept that appears towards the end of his work. The claim of this article is that childhood in Lyotard’s philosophy cannot be reduced to the late concept of infantia; looking at the recurring nature of this theme in his writings that is present from the beginning, as well as various (...) figures under which it appears, pushes Lyotard’s readers to reconsider his work from a pluralist and interdisciplinary perspective. (shrink)

The topic of imaginative resistance attracted considerable philosophical attention in recent years. Yet, with a few exceptions, no historical investigation of the phenomenon has been carried out. This paper amends this gap in the literature by constructing a Humean and a Kantian explanation. The main contributions of this historical analysis to this debate are to make room for emotions in explanations of resistance reactions and to upset the polarization between rival accounts by suggesting that our possible responses to morally flawed (...) works can vary. In some cases, we resist imagining counter‐evaluative claims due to our unwillingness to do so, and in others, due to our inability. (shrink)

In this paper, in answering the question why Kant didn’t think very highly of music, I argue that for Kant (i) music unlike other art forms, lends itself more easily to combination judgments involving judgments of sense, which increases the propensity to make aesthetic mistakes and is ill-suited as an activity for improving one’s taste; (ii) music expresses aesthetic ideas and presents rational ideas only by taking advantage of existing associations while other art forms do so by breaking with the (...) laws of association and creating new associations. I propose that (ii) constitutes the reason why music is not a rich source for reflection and thereby cannot stimulate the enlargement of the cognitive faculties. Given that the standard Kant uses in setting up the hierarchy of fine arts in terms of their cultivating role is the enlargement of cognitive faculties, this explains why music is placed at the bottom of his hierarchy. (shrink)

This article is about how human freedom is understood in the philosophy of Nicolas Malebranche. According to Malebranche, the most important proponent of occasionalism in the modern period, God is the sole and real cause of the universe and all its functioning. In addition, according to him, people are free and responsible for their own actions. In this case, what it means for man to be free in this vision where God is the only reason for everything needs to be (...) explained. While Malebranche's basic views on occasionalism and human freedom are included in many of his works, these views are especially found in his famous six-volume book titled The Search after Truth and in the book of explanations he wrote for this book, Elucidations of the Search after Truth. In the article, the subject is discussed through Malebranche's basic texts. Firstly, the relationship between the human soul and God has been tried to be explained in order to explain Malebranche's understanding of freedom. At this point Malebranche; unlike the Aristotelian thinkers of the Middle Ages, seems to follow an Augustinian line. In this line, the human soul is towards God and in need of His light. Secondly, what freedom means according to him is examined. In Malebranche, it is seen that freedom is the power of man, who is naturally inclined towards the general good, that is, God, to stop his tendency towards this general good in worldly special goods, or to not consent to this and to move towards the better with attention and research. This view emerges on the basis of Malebranche's view of vision in God and the distinction between soul and body. In other words, since human beings are incomplete and limited in their knowledge, they may sometimes not go towards what they really need to reach and may accept any worldly good as true good for themselves. Or since this good is not the general good and will never satisfy him, he may not consent to it and seek out the general good. Freedom is precisely the power either to stop at the particular good or to pay attention and search beyond it. Then, how this power was reconciled with Malebranche's occasionalism was discussed and three prominent issues were examined. Firstly, Malebranche claimed that man has no causal contribution to the tendency towards general or particular goods, and that this occurs only with the influence of God. Secondly, although it seems that a power is attributed to humans in freedom, it can be said that this power is not a positive action that brings about any change. Third, there is the claim that since God is the only true cause, attention and investigation are not a cause of human knowledge but only an occasional, intermediary cause. With these claims, it has been seen that Malebranche associates freedom with sin because he treats it as a stop, that man cannot make any changes, and therefore he evaluates freedom as only the power to want, not the power to act. As a result, it can be said that it is debatable whether a power that does not cause any action or change, but only the desire to consent or not, can be called freedom. In this regard, Malebranche has moved freedom to a negative or incomplete place. Although this study specifically discusses the nature of freedom and its relationship with God through Malebranche's philosophy, it is aimed to contribute to studies on the nature of freedom. It has been seen that further studies on freedom of action and desire can be carried out, especially in the fields of religion and moral philosophy. (shrink)

In this article, the idea that the accidents (a’rād) do not have continuity for two consecutive periods of time and that they are recreated in the second moment of their existence is analyzed within the framework of al-Juwayn¬ī's approaches. For this purpose, first of all, the place of the theory of continuous creation in the thought system of mutakallimūn, and then the consequences of al-Juwaynī's acceptance of continuous creation in terms of the effectiveness of divine intervention and the understanding of (...) the universe (al-‘ālam) are touched upon. Continuous re-creation (Tajaddud al-amthal) is an understanding that is considered as the disappearance of accidents moment by moment and their re-creation with similar ones. In this way, mutakallimūn tried to explain the continuity and change in the universe, as well as the constants that do not change in things. This understanding, which is associated with the renewal of accidents at every moment, is handled by al-Juwayn¬ī within the framework of the principles that the accidents are finite and that they cannot subsist by themselves (qāim bi-nafs). Accordingly, the accident cannot carry another accident because it does not occupy space (mātahayyaza); nor does it have continuity because it cannot be self-subsisting (al-qāim) with invariability (baqā) which is an accident like itself. As a matter of fact, if the existence of the accident had continued for the second time, it would not have been possible for its like to exist in the same place. Likewise, if the accident had the characteristic of continuity, its nonexistence would be impossible. Because what is continuous at two consecutive moments would not be able to perish in the third and subsequent moments. However, senses reveal that the accidents have disappeared. Thus, the accident, which has a discontinuous and impermanent structure, becomes the subject of creation at the same time whenever it loses its existence. The understanding of continuous creation, accepted by most of the mutakallimūn, is systematized over accidents and does not include the renewal of substances. It is striking that al-Juwayn¬ī also made a distinction with regard to the renewal of the accidents and the continuity of the substances. However, by associating the persistence of the substance with the continuous creation of accidents, al-Juwayn¬ī explains this issue in a way that does not contradict the absolute power of Allah. According to him, the condition of continuity of the substance depends on the existence of the accident which subsists with it. As long as Allah wishes for the continuity of the existence of the substance, he creates the accident of baqā in it one after the other. If the accident disappears, the substance also loses its existence. Thus, God's intervention by continuous re-creation has a direct effect on the accident; the substance, depending on the accident, which is the condition of its continuity, is in need of God's intervention. Therefore, the universe as a whole is not independent of the Creator even for a moment. This understanding of creation of al-Juwayn¬ī, on the one hand, hinders the idea of necessary causality, on the other hand, it draws a model of God-world (al-‘ālam) relationship that foresees the constant intervention of the Creator, who is the Free Agent (Fā‘il Mukhtār). The idea that everything that exists before and after is dependent on Allah's creation also invalidates the idea that the objects in the world stem from the qualities they have in their own nature. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)