Fas Ahvâl-i Şahsiyye Kanunu üzerinde 2004 yılında yapılan reformlarla birlikte Fas Aile Kanunu (Müdevveneh), İslam dünyasındaki en eşitlikçi kanunlardan biri olarak kabul edilmektedir. Söz konusu reformlar, Fas'ta onlarca yıldır devam eden uzun soluklu kamuoyu tartışmalarının bir ürünü olarak ortaya çıkmıştır. Ahmed el-Hamlîşî 1980'lerin başından itibaren bu tartışmalara aktif olarak katılmış ve Ahvâl-i Şahsiyye Kanunu'nun yoruma açık insan yapımı bir kanun olduğunu ve revizyonunun ictihad yoluyla yapılması gerektiğini savunmuştur. Kral 6. Muhammed tahta çıktıktan kısa bir süre sonra, 2001 yılında, Fas Ahvâl-i (...) Şahsiyye Kanunu'nda reform yapmak üzere Kraliyet Danışma Komisyonu'nu oluşturdu. Kral 6. Muhammed komisyonu, Şeriat'ın temel hedeflerini (makâsıdü'ş-Şeria) gözeterek ve aynı zamanda ictihad yoluyla zamanın ve toplumun ihtiyaçlarına cevap vererek Ahvâl-i Şahsiyye Kanunu’nda önemli değişiklikler yapmakla görevlendirdi. Bununla birlikte, komisyon üyelerini kamu yararını göz önünde bulundurmaya ve önerilen her türlü değişiklikte uzlaşma ve ılımlılık için çaba göstermeye teşvik etti. Komisyon üyeleri önerilen değişiklikler üzerinde yaklaşık iki buçuk yıl çalıştı ancak birçok konuda uzlaşmaya varamadı. Bu bağlamda, üyelerin komisyon içinde oluşan iki ana gruptan reformist ve gelenekçilerden birine, az ya da çok, meylettiği söylenebilir. Ahmed el-Hamlîşî, Kraliyet Danışma Komisyonu'nun üyelerinden biriydi. Komisyon üyeleri arasında reformist grubun değişiklik tekliflerini destekleyen ama aynı zamanda bunu gelenekçilerin benimsediği dili kullanarak yapan etkili ve önemli bir isim oldu. Nitekim, el-Hamlîşî İslam hukuku çerçevesi içinde kalan eleştirel ama ılımlı görüşleriyle aile hukukunun reformunu talep eden gruplar için bir referans noktası haline geldi. Bu çalışmada, Ahmed el-Hamlîşî’nin fıkhi temellendirme ve delillendirme açısından Fas 2004 aile hukuku reformlarının arkasındaki isim olduğu savunulmaktadır. Veri analizi yönteminin uygulandığı bu çalışmada, öncelikli olarak Hamlîşî'nin eserleri, çeşitli mecralardaki mülakatları ve konuşmaları kullanılmıştır. Hamlîşî’nin anlayışındaki farklılık ve benzerlikleri ortaya çıkarmak için literatüre başvurulmuş ve benzer görüşlerle karşılaştırmalar yapılmıştır. Fas Ahvâl-i Şahsiyye Kanunu’nun reformuna dair kısa bir arka plan açıklamasının ardından bu makale, Hamlîşî'nin metin ve bağlam arasındaki arabulucu rolünü, aile hukuku reformları tartışmasındaki yerini ve dolayısıyla Şeriat-devlet ilişkileri konusundaki duruşunu incelemektedir. Daha sonra, ictihad kapısının kapanması meselesi, müctehid olabilmenin şartları, müctehidin nitelikleri ve Kraliyet Danışma Komisyonu tarafından uygulandığı şekliyle kolektif ictihad türü (cemâʿî ictihad) hakkındaki görüşlerine atıfla Hamlîşî’nin ictihad anlayışına odaklanılmaktadır. Son olarak, Hamlîşî'nin akıl yürütme yöntemi ve ortaya koyduğu gerekçeler aile hukuku ile ilgili meseleler örnekliğinde gösterilmektedir. (shrink)

The theory of the tab' in the physics of Mu 'tazila has a distinct place. It is necessary to distinguish the scholars from the atheist naturalists who adopt the idea of nature. Tab ' theory is a problem with the essence of the entity. This theory is related to the structure of living and inanimate beings. When it comes to the habit and tempering of man, we use the word tab'; it is used the term of nature when it comes (...) to the structure of objects. In particular, the Basra School of Muʿtazila has given the emphasis on tab' theory emphasizing the freedom of man. They have implemented the tab ' theory to a number of topics related to knowledge, action, metaphysical, moral and Spiritual life. The nature, which is defended by Muʻtezile, is a force that Allah places in the nature of man and body. Nature, which is in the essence of both living and inanimate substances, is not independent of Allah. It has caused some problems defending some scholars, such as Muammer and Câhız from Basra School of Muʿtazila the idea of compulsory natural causality in the interpretation of some metaphysical subjects. In this regard, The scholars of Muʿtazila such as Nazzâm and Kâdî Abdülcebbâr, have acted more carefully. While Nazzâm does not see the theory of natural nature independently of divine power, he prefers to use the word "itimat" instead of the tab ' theory ', which he sees as part of pagan culture. (shrink)

With the findings of microbiome studies, many artists have begun to focus on environments where microbe-human interactions take place. Beyond the sharp boundaries that separate human and microbe as distinct entities, they give an artistic expression to the complex symbiotic modes between them. Güneş-Helen Isitan’s work _Hybridities_: _Almost Other_ creates images of human-microbe symbiosis by mobilizing certain scientific tools and discourses and the possibilities of photographic medium. A “microbe-image” emerges as a result of multi-species interaction and is produced by traversing (...) multi-sites. Its apparatus contains its own production process as a problematic knot to be posed. This requires approaching the work with a certain ethnographic sensibility. As a result, manufacturing life through microbe-images becomes inseparable from technical, scientific, social, methodological, and philosophical issues that are weaved in _Hybridities_: _Almost Other_’s “biophotographic” apparatus. (shrink)

In _Kant on Conscience_ Emre Kazim offers the first systematic treatment of Kant’s theory of conscience. Contrary to the scholarly consensus, Kazim argues that Kant’s various discussions of conscience are philosophically coherent aspects of the same unified thing.

It can be said that both Plato's tripartite soul and Hippocrates' theory of temperament were influential in Galen's perception of ethics. In this respect, Galen, who presents a kind of composition of the effective philosophical and medical traditions of his day, is outside the tradition with his understanding of physicalist psychology. Considering the capacities of the soul as depending on the temperament of the body, Galen generally displays a deterministic attitude towards ethics, that is, the development of the soul. This (...) is because the natural and physical structure is difficult to change. On the other hand, Galen, whom we can call both a physician and a "philosophical therapist", argues that character traits (ethos) can be changed "to the extent that nature allows" through education and habituation at an early age. This article will try to determine and evaluate the possibility Galen ascribes to ethical change and development in humans in the context of character traits. (shrink)

Analogy-making is finding analogies between different situations. In this paper, we provide a new model of computational analogy-making which uses Situation Theory as its formal background. Situation Theory is a semantic and logical theory which provides a naturalistic way to represent relations in situations. The system described in this paper is aimed at solving analogy problems made by basic geometric figures in a chessboard-like environment.

Functional near infrared spectroscopy has been gaining increasing interest as a practical mobile functional brain imaging technology for understanding the neural correlates of social cognition and emotional processing in the human prefrontal cortex. Considering the cognitive complexity of human-robot interactions, the aim of this study was to explore the neural correlates of emotional processing of congruent and incongruent pairs of human and robot audio-visual stimuli in the human PFC with fNIRS methodology. Hemodynamic responses from the PFC region of 29 subjects (...) were recorded with fNIRS during an experimental paradigm which consisted of auditory and visual presentation of human and robot stimuli. Distinct neural responses to human and robot stimuli were detected at the dorsolateral prefrontal cortex and orbitofrontal cortex regions. Presentation of robot voice elicited significantly less hemodynamic response than presentation of human voice in a left OFC channel. Meanwhile, processing of human faces elicited significantly higher hemodynamic activity when compared to processing of robot faces in two left DLPFC channels and a left OFC channel. Significant correlation between the hemodynamic and behavioral responses for the face-voice mismatch effect was found in the left OFC. Our results highlight the potential of fNIRS for unraveling the neural processing of human and robot audio-visual stimuli, which might enable optimization of social robot designs and contribute to elucidation of the neural processing of human and robot stimuli in the PFC in naturalistic conditions. (shrink)

Türk makam müziği, kökeni Orta Asya’ya dayanan, Çin, Hint, Fars ve Ortadoğu kültürüyle yoğurulmuş, çok kültürlü yapısıyla oldukça zenginleşmiş bir müziktir. İslâmiyetin kabulüyle Orta çağ İslâm dünyasının en önemli kuramcılarından olan Kındî, Farâbî ve İbn-î Sînâ yapmış oldukları çalışmalarla Türk makam müziğinin gelişimine büyük katkı sağlamışlardır. Türk mûsikîsi en büyük gelişimini Osmanlı devleti zamanında göstermiştir. Padişahların birçoğunun mevlevî tarikatına mensup olması bu bağlamda mûsikî ve edebiyata hâkim olmaları gelişimi sağlayan en önemli etkenlerdendir. Türk makam müziğinin gelişiminde Doğu coğrafyası ile olan (...) etkileşiminde önemli payı vardır. Safüyiddin Urmevî ve Abdülkâdir Merâgî yazmış oldukları eserlerle mûsikînin şekillenmesine büyük katkı sağlamıştır. On beşinci yüzyıl Türk makam müziği adına yapılan kuramsal çalışmaların arttığı, yapılanmanın hızlandığı ve günümüz mûsikî nazariyatının şekillendiği bir yüzyıl olmuştur. On altıncı yüzyılın sefer ve fetihlerle geçmesi mûsikî adına bir duraksamayı da beraberinde getirmiş, On yedinci yüzyıl ise özellikle bestecilik alanında önemli gelişmelerin yaşandığı bir dönem olmuştur. Çoğu müzik tarihçisi bu dönemi klâsik dönem olarak kabul etmiştir. Çalışmanın başlığında da belirtildiği üzere Hatip Zâkirî Hasan Efendi bu yüzyılın dini form besteciliğinde en önemli isimleri arasında yer almaktadır. Çalışmada bestecinin TRT repertuvarında yer alan Rast makamında ve ilâhî formunda iki adet eseri makam ve biçim açısından incelenmiş ve dönemin mûsikî kültürü adına çıkarımlar yapılmıştır. (shrink)

Our guiding research hypothesis is as follows: we believe that the significant progress made by the phenomenology of immanence and by the phenomenology of transcendence are not distinguished so much by the positing of new problems as by the reformulation of «the question of the ground of intentionality» that fueled the entire phenomenological tradition. It is striking that, despite the different solutions they offer, these two approaches have the same critical orientation vis-à-vis phenomenology , and they have the task of (...) testing phenomenology in a confrontation with its various «outsides» by according a central place to the «non-intentional.» For it is only by starting from such an enterprise of showing the limits of intentionality that the possibility is opened of a true surpassing of the Husserlian perspective that the given is the measure of all things. To do this, we want to emphasize the positions of Merleau-Ponty and Patočka on this fundamental issue and show that their approaches bear phenomenology, throughits own means, to the threshold of a domain that is no longer the phenomena in the Husserlian sense. (shrink)

The post-modernist approach to architecture often presents tradition as a problem of image. Postmodernism prioritizes the display of stylized images of historic buildings in order to prompt one to deal primarily with the visual appeal of the historic forms rather than the experience of the buildings.

In this interview, Brian Massumi discusses the possibility of a collective practice of experimentation beyond the infernal alternatives between the state authoritarianism and a narrow and exclusionary notion of freedom based on the individual, reinforced by the Covid-19 pandemic. This requires diagnosing the mix of forces at play, in other words, examining the interlinkages of various modes of power. Analysis of the ecology of powers then invokes a positive project that is inventing an aesthetics of the earth. An aesthetics of (...) the earth is a call for a more-than-human relational ethics, which takes place in intricate co-composition with the earth and its emergent strata of all kinds: viral, bacterial, vegetal, animal, human, technological. Thus, from the ecology of powers to an aesthetics of the earth, Massumi proposes a politics of potential that is diagnostic rather than prescriptive yet encourages experimentation towards a postcapitalist future at this critical juncture of our epoch. (shrink)

A significant portion of philosophical questions concerning the Holocaust revolve around the problem of representation, that is, how the event can be represented in a concept or in an image, if at all. This article argues that Nuit et brouillard (Night and Fog, 1956) by Alain Resnais and Inglourious Basterds by Quentin Tarantino (2009) respond to the problem of representation in an original way by challenging the conventions of their respective genre. The juxtaposition of past and present images in Nuit (...) et brouillard proposes a new form of remembering that liberates memory from the confines of the past in order not to lose sight of what is happening now. Inglourious Basterds, similarly, circumvents the problem of realistic representation by means of a counter-historical story in which Hitler is brutally killed in Paris. Pushing to the extreme the Americanisation that is typical of the Hollywood treatments of World War II, Tarantino offers a multi-layered spectacle of violence that culminates in the burning down of a film theatre as a symbol of Tarantino’s having done with representation. (shrink)

This paper investigates the Turkish Constitutional Court (TCC)’s treatment of legal challenges brought against Turkey’s legal responses to the COVID-19 pandemic. Drawing on a detailed examination of the TCC’s institutional features, political origins and jurisprudential trajectory, and taking three politically salient judgments of the TCC concerning Turkey’s executive-dominated pandemic control as the point of departure, the paper argues that the TCC chose to exercise judicial restraint both in protecting fundamental rights and reviewing pandemic policies of the executive. It also argues (...) that the TCC’s judicial restraint during the pandemic was simply the re-manifestation of its ‘play-it-safe’ strategy — a judicial stance the TCC willingly adopted in the aftermath of the 2016 attempted coup despite possessing strong constitutional powers of judicial review, and its established attitude of assertive scrutiny in the past. From a more theoretical perspective, the analysis also explores how the passive role to which the TCC is consigned in an increasingly authoritarian regime since the 2016 failed coup relates to the global phenomenon of judicialization of authoritarian politics. (shrink)

One barrier to optimal pain management in the neonatal intensive care unit is how the healthcare community perceives, and therefore manages, neonatal pain. In this paper, we emphasise that healthcare professionals not only have a professional obligation to care for neonates in the NICU, but that these patients are intrinsically worthy of care. We discuss the conditions that make neonates worthy recipients of pain management by highlighting how neonates are vulnerable to pain and harm, and completely dependent on others for (...) pain management. We argue for a relational account of ethical decision-making in the NICU by demonstrating how an increase in vulnerability and dependence may be experienced by the healthcare community and the neonate’s family. Finally, an ethical framework for decisions around neonatal pain management is proposed, focussing on surrogate decision-making and the importance of compassionate action through both a reflective and an affective empathy. As empathy can be highly motivating against pain, we propose that, in addition to educational programs that raise awareness and knowledge of neonatal pain and pain management, healthcare professionals must cultivate empathy in a collective manner, where all members of the NICU team, including parents, are compassionate decision-makers. (shrink)

This paper explores Thomas Hobbes’s account of animal life and mind. After a critical examination of Hobbes’s mechanistic explanation of operations of the mind such as perception and memory, I argue that his theory derives its strength from his idea of the dynamic interaction of the body with its surroundings. This dynamic interaction allows Hobbes to maintain that the purposive disposition of the animal is not merely an upshot of its material configuration, but an expression of its distinctive bodily history. (...) In support of Hobbes, I show how this is complemented by his account of the unity and continuity of the animal body in terms of a unification through the self-preserving drive that originates in perception. Nonetheless, I argue that Hobbes’s philosophy of animal life and mental faculties is hindered by a kind of epiphenomenalist perspective that is embedded in his materialist framework, and this perspective leaves the status of ideas and mental content unclear. I explain why Hobbes’s dynamic theory, founded upon the reciprocal determination of moving bodies, supports his idea of animal development and habituation while failing to account for the reflexivity of the mind. (shrink)

History works written in the style of chronicles are used not only for the purpose for which they were written. Chronic works may also contain reflections on the position of the ulema (ʿulamāʾ) at the time of its writing and his view of the scientific world of the period in which he lived. This work is based on the book ʿIqd al-jumān fī taʾrīkh ahl al-zamān written by the celebrated Ḥanafī jurist (faqīh) and muḥaddith Badr al-Dīn al-ʿAynī as a public (...) history book. This article, focuses on the state of ḥadīth science and scholars in the Mamlūks between the years 648-707 (1250-1307) and approaches of al-ʿAynī to these issues based on the work of ʿIqd al-jumān. For this purpose, the work has been examined in terms of certain keywords that allude to the history of ḥadīth through electronic sources. In addition, the work has been completely reviewed with the traditional method in terms of allusions and information about the hadith studies of the Mamlūks period. Eventually, the historical elements of ḥadīth referred to in ʿIqd al-jumān, scientific institutions, different groups of rāwī, different narration methods and classifications made during the period have been identified. In addition, the professional, sectarian and political trends of the muḥaddith of the period in question were focused on. Comparing the information in the sources written in the field of general history with the studies focusing directly on the historical elements of ḥadīth will contribute to compare the similarities and divergences. This study is an example of how to make use of the wafayāt sections in chronicle works. Examining a single book that was not written directly in the field of ḥadīth - even if it contains important information - is not enough to find elements about the history of ḥadīth and to make constructions regarding it. This necessitates the formation of a team that will examine a large number of books using the same criteria. (shrink)

A significant portion of philosophical questions concerning the Holocaust revolve around the problem of representation, that is, how the event can be represented in a concept or in an image, if at all. This article argues that Nuit et brouillard (Night and Fog, 1956) by Alain Resnais and Inglourious Basterds by Quentin Tarantino (2009) respond to the problem of representation in an original way by challenging the conventions of their respective genre. The juxtaposition of past and present images in Nuit (...) et brouillard proposes a new form of remembering that liberates memory from the confines of the past in order not to lose sight of what is happening now. Inglourious Basterds, similarly, circumvents the problem of realistic representation by means of a counter-historical story in which Hitler is brutally killed in Paris. Pushing to the extreme the Americanisation that is typical of the Hollywood treatments of World War II, Tarantino offers a multi-layered spectacle of violence that culminates in the burning down of a film theatre as a symbol of Tarantino’s having done with representation. (shrink)

Freud’s psychoanalysis of Little Hans is a defining moment in psychoanalytic theory, because it marks the first psychoanalytic attempt ever to analyze childhood as an actuality rather than a set of recollected experiences. This article aims to explain Deleuze and Guattari’s dismissal of Freud’s interpretation as an act of silencing the children that is meant to corroborate his own theories of psychosexual development and particularly the Oedipus complex. Deleuze and Guattari are not against psychoanalytic interpretation in and of itself as (...) a creative intervention into the lived actuality of the analysand, but they think that Freudian psychoanalysis misses the opportunity by tracing every aspect of individual existence back to familial figures and relationships. While Freud considers the case of Little Hans as a verification of his theory of sexuality, Deleuze and Guattari regard the case as a perfect example of how psychoanalytic suggestion often distorts the utterances of the analysand for its own interests, thereby failing altogether to grasp the logic of becoming as an escape from familial determinations. (shrink)

We propose here to analyze Patočka’s dialogue with Merleau-Ponty and Maine de Biran with regard to the reciprocal implication of the body and existence. Patočka’s gesture seeks to discover the condition of existence and its effectiveness, named by the concept of flesh for Merleau-Ponty. What is the meaning of existence as constitutive flesh? The analysis will consist of three parts. The first part of the article presents the meaning of embodiment characterized by Merleau-Ponty in the analysis of the experience of (...) the body as a sexed being. In the second part, we will analyze the corporeal movement that shows existence in its specificity. In the third and final part, we will analyze the original relationship of subjectivity to corporeal movement through Patočka’s reading of Maine de Biran. (shrink)

In this paper, I raise a question concerning the place of ‘Teleology’ in Hegel's system of logic and ask whether ‘Teleology’ as a logical category can and should come immediately before ‘Life’. I offer two main reasons to think that the category of ‘Teleology’ might be misplaced. The first and the indirect reason is inspired by a difference between the logical system and the Philosophy of Nature concerning the immediate precursors and the emergence of life as a logical category and (...) real determinacy. In Hegel's Logic, ‘Teleology’ is interposed between ‘Chemism’ and ‘Life’, while in his Philosophy of Nature, ‘Organics’ immediately follows ‘The Chemical Process’. Although the systematic order of the natural determinacies laid out in the Philosophy of Nature has no authority over the sequence of logical determinacies, and although there does not have to be a one-to-one correspondence between the logical categories and natural determinacies of Hegel's system, I argue that the smooth transition from the chemical process to the self-sustaining totality of the geological organism in the Philosophy of Nature, is an incentive to consider a parallel transition in the logical exposition, which I show to be workable. The second and the direct reason is that Hegel's category of ‘Teleology’ cannot but make a crucial reference to the initial determinacy of the category of ‘Life,’ without which it is inconceivable. By explaining why this reference is untenable and how, by contrast, the initial determinacy of life is conceivable independently of the process in which some subjective end is realized in objectivity through external means, I conclude that the logic of ‘Life’ and internal teleology should precede the logic of external teleology, allowing for a direct passage from ‘Chemism’ to ‘Life’. (shrink)

International relations constitute a purely intersubjective field. Its actors, objects and meanings have no self-standing “objectivity” in a narrow sense. As such, the IR theorisation for conducting studies on the IR phenomena and events lacks the anchor of the independent objectivity which the positive sciences enjoy. The IR theorisation consequently relies on its own preceding world-views, interpretative frameworks and narratives, which become genetic acts, creating an ontological complication. In doing so, the IR theorisation tends to bend, alter and occasionally omit (...) the pre-theoretical, immediate and intersubjective givenness of the IR phenomena and events. Also, the theory’s narrative on the phenomena and events needs to include the narrative of their genesis, which are imposed upon their immediate, therefore post-genetic givenness, causing a temporal distortion. Still, there might be a possibility to study them as they are given, avoiding these complications. The Husserlian phenomenology provides this endeavour with fundamental concepts and tools that are related to intersubjectivity, temporality and access to the immediacy of the givenness of the phenomena and events. However, the Husserlian phenomenology itself has also a tendency to relapse into the complications of theorising, in particular due to its “genetic” proposals. Yet, these are “remediable” under the light of the Heideggerian criticism on the matters of intersubjectivity, temporality and the nature of the immediate, “innerworldy” givenness. In other words, the phenomenology, with contributions of the Heideggerian phenomenological-ontology, may effectively provide the IR studies with ways to approach the IR phenomena and events in their pre-theoretical, immediate, intersubjective, authentic givenness. Keywords: phenomenology, international relations, international relations theory. (shrink)

In Turkey, populism has a homogeneous structure that includes opposing ideologies stuck between right-wing and left-wing views. In the political structure in Turkey, ‘us’ and ‘the other’ are created through populism and an exclusionary attitude towards political rivals is adopted. The present study analyzes the populist issues and populism communication processes of 4 candidates on Twitter ahead of the presidential elections in Turkey. The posts (n = 727) made by the candidates on their Twitter accounts between March 10 and 10 (...) April 2023 were analysed using the content analysis method. As a result of the study, the approaches of the political candidates towards economic, political, cultural and social issues on Twitter were analysed within the framework of populism. The topics addressed by the candidates on Twitter during the election process varied according to the candidates’ positions in power and opposition. On the other hand, it was found that the political candidates defined their populist communication style on Twitter based on the themes of ‘champion of the people’, ‘the man on the street’ and ‘sincerity’. (shrink)

In Hegel’s philosophy, both truth and genuine freedom belong to the domain of the Idea. Life, as it is categorized in the Science of Logic, is the first form and stage of the Idea, and is therefore essential for a comprehension of truth and self-determination. In this paper, I explore why and to what extent Life is self-determining and true. Considering what Hegel considers to be the three fundamental features of all life, I explain how life is self-determining with respect (...) to its organic unity, relationship with the other, and reproductive process. I explicate how the living individual develops and sustains the collective unity of its objectivity, distinguishes itself from its other, yet sustains and regenerates itself through it, and how it raises its universal identity beyond its particular existence through reproduction. (shrink)