Stark variations exist in U.S. immigration enforcement. These variations have persisted even during the COVID-19 pandemic, when special measures that should have constrained variations were in place. This Article argues that variations in discretionary enforcement decisions based on resistance to national policies, bias, illegal tactics, or arbitrariness are unjust and should be curtailed. The Article first distinguishes between transparent sources of variation in immigration law and variations that stem from non-transparent, discretionary determinations. Within the category of discretionary determinations, the Article (...) argues that there are just and unjust variations. It contends that unjust variations raise serious constitutional concerns, weaken preemption doctrine, and require us to reconceptualize the immigration federalism debate to account for cooperative and uncooperative behavior within the federal government itself. Finally, the Article offers solutions to help limit unjust variations. (shrink)

Before 1972 Somalia had no official writing system for its language. In spite of this, those who bred animals (camels, cattle, sheep, and goats) and who, owing to a lack of water in the country were forced to become nomads, had an authentic oral tradition that found its voice in a rich oral literature. This was well and truly oral in that it was composed, memorized, and passed on without having to resort to any type of writing or other means (...) of communication or recording. Many of these genres are typical of any oral tradition: various dance or work songs, fairy stories and other tales, riddles, sayings, proverbs, and so on. (shrink)

The aim of the present study is to evaluate Sonja Foss’s Rhetorical Schema for the Evaluation of Visual Imagery as well as reflect upon several points for further consideration; and finally suggest a renewed triadic approach as a method for analyzing art-relevant visual imagery. The triadic approach to be discussed assumes three correlative layers: the intellectual knowledge, function of the artistic content as the visual representational component, and aesthetics as modality. This study will include the analysis of a print advertisement (...) that used an artwork as its content of visual rhetoric, and this will inform further discussions on the proposed approach. The contribution of this renewed triadic approached to the field of visual rhetoric has the advantage of expanding and possibly improving rhetorical analysis methods of visual imagery. (shrink)

The paper explores the impact of the corona virus disease-19 pandemic on the Saudi higher education system. The research focuses on the relationship between digital learning in COVID-19 time, life satisfaction, and stress among female students. The study discusses measures, practices, defense mechanisms, and coping strategies to face challenges. Using an online survey based on psychological effects and its role in defense mechanisms and coping strategies, findings show that digital learning provides flexibility in terms of time and offers resources at (...) a lower cost compared to traditional learning. In addition, results show that the coping strategy perception is higher in obtaining a good score and succeeding than to get over the pandemic and recovering from the illness itself. Finally, results confirm that a positive attitude influences positively life satisfaction. (shrink)

One of the processes that Zaydism, as a sect that has survived to the present day, went through in the Yemen region is the period that began with Mansûr-Billâh Qasim b. Muhammad, who declared his imamate in the 16th century and continued by the descendants of the ruling class until the declaration of the Republic. However, there is not enough information in the literature about this period, which is known as the Kasimi’s era. Mansûr-Billâh Qasim b. Muhammad has many works (...) on akaid, tafsir, method, islamic law, and in addition, there is a small pamphlet (risalah) written by him. This study aims to introduce the translation of the will written by Mansûr-Billâh Qasim b. Muhammad, who is known as the founder of the Kasimi dynasty, for his son Muayyad-Billâh Muhammad b. Kasım into the literature. (shrink)

Māzarī al-Tamimī (d. 536/1141) was one of the last jurists who lived in North Africa before the fall of al-Andalus. He is the author of Izāḥ al-Mahsūl, which is considered to be an important turning point in the formation of the uṣūl al-fiqh structure of Mālikī jurisprudence. The lack of studies on the uṣūl al-fiqh of al-Māzarī, who had considerable knowledge in the fields of ḥadīth, fiqh, theology, medicine, and fatwā, made this study necessary. This study examines al-Māzarī's understanding of (...) uṣūl through his work Izāḥ al-Mahsūl in the field of uṣūl al-fiqh. Izāḥ al-Mahsūl is al-Māzarī's commentary on the Shāfiʿī scholar al-Juwaynī's (d. 478/1085) al-Burhan fi uṣūl al-fiqh on uṣūl al-fiqh. The commentary on al-Juwaynī's al-Burhān is one of the fundamental texts of Shāfiʿī usūl al-fiqh. In his commentary on this important work, al-Māzarī followed his teacher al-Juwaynī's subject classification and systematization and applied the method of the mutakallim in writing uṣūl al-fiqh. Although it bears similarities with his teacher's work, this commentary, even in its incomplete form, is an independent work with the opinions and evaluations it includes. Al-Māzarī did not hesitate to oppose his teacher in the work and put forward his own method of ijtihād. Izāḥ al-Mahsūl, which is the subject of this study, is an important example of the influence of Shāfiʿī uṣūl al-fiqh on Mālikī uṣūl al-fiqh in terms of method and content. With this work, the Mālikī uṣūl al-fiqh literature and texts were modelled after Izāḥ al-Mahsūl. This work, which was a source for post-Māzarī Mālikī jurists, is also the subject of this study because it contains the traces of the Shāfiʿī-Mālikī interaction in Islamic jurisprudence. Within the scope of the study, the principles that stand out in al-Māzari's understanding of uṣūl al-fiqh in his work Izāḥ al-Mahsūl were tried to be identified. In this way, it is aimed to reveal on which issues the Mālikī uṣūl al-fiqh is based. It is impossible for al-Māzarī's understanding of uṣūl al-fiqh cannot to be influenced by the intellectual and political environment in which he grew up. With this in mind, we have tried to briefly touch upon al-Māzarī's life, his teachers, his works, and the intellectual and political atmosphere of the Maghreb region during his lifetime. We have tried to understand the impact of all the details of his life on al-Māzarī's scholarly life and his uṣūlism in particular. In addition, determining the prominent elements of al-Māzarī's understanding of uṣūl is also important in terms of understanding the jurisprudential structure in the Maghreb region and illuminating the region in terms of Islamic legal history. This study aims to present al-Māzarī's understanding of uṣūl in terms of its basic features. Thus, it aims to shed light on al-Māzarī's contribution to the Mālikī understanding of uṣūl al-fiqh and its literature. The document analysis method, one of the qualitative research methods, was used in the study. In this context, the textual analysis was applied by comparing al-Māzarī's views with those of his teacher al-Juwaynī, by whom he was influenced. (shrink)

Para Kant, la contemplación de la belleza natural no solo nos libera de un espíritu utilitario y de explotación, sino que nos eleva como seres humanos a las regiones del sentimiento, en que se vive de forma libre y desinteresada la contemplación del a naturaleza y su respeto. Contemplar la naturaleza bella y preservarla contribuye a humanizarnos, por la libertad que desarrollamos a través de la contemplación, el sentido de vida que nos proporciona la contemplación de la naturaleza bella, la (...) sociabilidad que desarrollamos a través del gusto y el despertar moral que procede de la contemplación de la belleza natural. (shrink)

Physicians try hard to alleviate mental and physical ailments of their patients. Thus, they are heavily burdened by observing ethics and staying well-informed while improving health of their patients. A major ethical concern or dilemma in medication is that some physicians know their behavior is unethical, yet act against their moral compass. This study develops models of theory–practice gap, offering optimal solutions for the gap. These solutions would enhance self-motivation or remove external obstacles to stimulate ethical practices in medicine. The (...) Constructivist Grounded Theory Methodology is applied here where the participants and the main researcher mutually interacted with each other. Data collection was performed through qualitative methods including observation and semi-structured interviews with 21 physicians and medical students. Initial and focused coding was done, from which principal concepts were later extracted. MAXQDA software was used for analyzing data. Analysis of twelve major concepts in the study resulted in two factors and solution groups, from which four general notions influencing the ethical theory and practice gap in medicine were extracted: providing effective education to change attitude and behavior; considering motivational and emotional factors; reconstructing regulations and processes to facilitate ethical practice; conducting comprehensive and systematic studies. The existing medical educational system needs to be reconsidered to add to individual internal motivation, including optimizing persuasion strategies, maximizing participation of students, adhering to virtuous ethical theories, and fostering emotions. Additionally, regulations and processes can be reconstructed to remove practical obstacles and promote ethical practice with insignificant damages to individual self-motivation. (shrink)

On December 7,1999, a divided Oklahoma Supreme Court held in Nealis v. Baird that a claim may be brought under Oklahoma's wrongful death statute on behalf of a nonviable fetus born alive. The decision represents a departure from the traditional notion that “viability”—the ability of a fetus to sustain life outside the womb with or without medical assistance—is the standard for wrongful death recovery. In replacing the “viability” standard with a “live birth” standard, the majority maintained that live birth is (...) the “unassailable point at which legal rights must be said to attach to the human person. “ By holding a nonviable fetus a legal “person” for the purpose of a wrongful death claim, the court's decision emphasizes the limited application of the United States Supreme Court's holding in Roe v. Wade that a fetus is not a person for the purposes of the Fourteenth Amendment. (shrink)

This study examines the relationships among intrinsic and extrinsic religious orientations, locus of control and depression levels of 430 Turkish Muslim university students. The results show that some locus of control dimensions are related to participants’ religious orientations, but depression has no significant impact on intrinsic or extrinsic religiousness. Hierarchical Regression Analyses were conducted for predicting the intrinsic and extrinsic religious orientations of different gender. Belief in chance and belief in fate contribute to male and female participants’ intrinsic religious orientations. (...) Meaninglessness of effortfulness was crucial only for women's intrinsic religiosity. Higher belief in meaninglessness of effortfulness was related to lower intrinsic religiosity scores for women. Among the locus of control variables, only belief in fate contributed to extrinsic religious orientations in both men and women. Belief in an unjust world positively contributed only to male extrinsic religious orientations. Women had higher intrinsic religiosity scores. (shrink)

Name der Zeitschrift: Byzantinische Zeitschrift Jahrgang: 107 Heft: 2 Seiten: 785-810.

One of the old law/fiqh texts is Farāiz which is thought to be written by Zaid ibn Thābit (d. 45/665). In many classic texts it has been refered to this book and it is mentioned that Zaid ibn Thābit's expertising on the ilm al farāiz. But our findings show that many of researchers who study on the history of codificaditon of Islamic law have not seen this book. In this study, because of the importance of the book, we publish Zaid's (...) Farāiz and the comments written in very early period by Abu'z-Zinad (d. 130/748) on it. Thus, Risāla al Farāiz, one of the oldest fiqh texts written in the period of the Sahāba and expounded in the period of the Tābiūn, will be present to the interest of researchers. (shrink)

Ikhtisâr refers to the process of compilation a work by summarizing short and concise information or a large volume of work through abbreviation. It is intended to facilitate reading, learning and memorization, or to eliminate difficult parts in a book written in the form of Ikhtisâr. The compilation of concise works that fulfilled their purpose has become widespread over time and transformed into a tradition and also concise works have been compiled in fiqh as in other disciplines of sciences. In (...) particular, the work entitled Ghayâ fi’l-Ikhtisâr by Abu Shudjâ al-Isfahânî (d. after 500/1107), which is one of the concise works written in the Shafi'î madhhab, constitutes an important part of this tradition. In this study, primarily, the concise works written in the field of usûl/ancestor and furû/descendant in the Shafi’î madhhab were identified and given in chronological order, right after that, Ghayâ fi’l-Ikhtisâr and Ahmad bin Omar al-Shatirî’s (d. 1360/1941) work entitled Al-Yaqut al-Nafis were examined in terms of the ikhtisâr method. The comparative method was employed in order to determine the common and different aspects of these two works, which are among the basic sources of the Shafi'î madhhab, in terms of content and method. In this context, primarily, basic information regarding Ghayâ fi’l-Ikhtisâr and Al-Yaqut al-Nafis was presented, and right after that the classificcations and information in both works were compared and evaluated in terms of style. In this respect, it was determined that some of the topics in one of the aforementioned works are not included in the other work, and that there are certain differences between them in terms of the arrangement of the topics and the way they are explained. Based on this, in Ghayâ fi’l-Ikhtisâr the topics are dealt with in a brief manner and jurisprudential rulings are presented without giving much space to their evidences. In Al-Yaqut al-Nafis, on the other hand, each topic is dealt with in a detailed manner, and the elements, conditions and provisions related to the topics are mentioned as sub-headings. In particular, issues related to fiqh other than worship are explained with examples. Nevertheless, as in Ghayâ fi’l-Ikhtisâr the evidences of fiqh provisions are not included much. The topics in both works are arranged according to the Shafi'î fiqh methodology. (shrink)

The problem of evil and theodicy is one of the most important subjects in the field of Philosophy of Religion. The problem of evil is basically understood as the problem of incompatibility of the existence of God with evil. While the problem of evil is used to justify atheistic claims, theodicy has been developed to strengthen theistic claims. Mawlânâ D̲j̲alāl al-Dīn Rūmī (1207-1273), who is the important sufi thinker of Turkish-Islamic culture, is generally known for his mystical and literary works. (...) Although Mawlânâ 's philosophical views have not been studied sufficiently, it is seen that he presents his important ideas in the philosophical field, especially in the philosophy of religion, in a non-systematic and hidden way in his works. In this study, the problem of evil has been studied in the case of Mawlânâ, within the scope of the evil’s types and the problem of evil’s types in the literature. In addition, it has been examined whether Mawlânâ discussed the evil as a philosophical problem and contributed to the solution of the problem of evil. Then, one of the theodicy used by Mawlânâ, which is related to contrasts, has been called the theodicy of contrasts and has been explained and systematized. It is known that theodicy related to theme of contrast was developed before Mawlânâ. As a result, Although it cannot be said that Mevlânâ made an original contribution to the problem of evil with his theodicy of contrasts in terms of content, it can be said that he approached originally to this problem in terms of his metaphorical manner and expression style. (shrink)

It is known that the relationship between word and meaning is one of the most controversial topics of ancient Greek philosophers such as Aristotle, Plato and Indian linguists. In fact, this issue has continued to be discussed with its definition and scope, and opinions about it have been expressed until today. When we review the subject in the Arabic language, we see that Arabic is a rich language with its words and meanings. Also, changes and developments in Arabic, which is (...) a deep-rooted language, has undergone in the historical process have brought changes of meaning in its words. Thus, it can be said that the Arabic language, that includes many branches of linguistics such as morphology, syntax and rhetoric, is also interrelated with semantics, what focuses on the relationship between word and meaning. Although semantics has emerged as a new branch of linguistics, many of today's semantic issues have been discussed in many classical sources and different disciplines, especially in the Arab world. In this study, semantics in general and the emergence of Arabic semantics as a science, its scope, description and its relations with other languages have been investigated. In addition, the works of Ahmed Muhtar Omar (1933-2003) who made great effort especially in the field of Arabic language and the modern Arab world, in the domain of Arabic and his contributions to this field, those include the main issue of this study, have been addressed. The general content of his book "Ilmu'd-dalâla", which includes almost all the topics related to semantics, and the important issues and views those it contains are also mentioned. Besides, presenting important issues in the work, especially Ahmed Muhtar Omar's prominent views and explanations are also mentioned. In the study, prominent works about semantics and Arabic semantics, written from the past to the present, were used. In particular, the life and scientific personality of Ahmed Muhtar has been tried to be presented on the basis of a few works written in the contemporary period. (shrink)

On December 7,1999, a divided Oklahoma Supreme Court held in Nealis v. Baird that a claim may be brought under Oklahoma's wrongful death statute on behalf of a nonviable fetus born alive. The decision represents a departure from the traditional notion that “viability”—the ability of a fetus to sustain life outside the womb with or without medical assistance—is the standard for wrongful death recovery. In replacing the “viability” standard with a “live birth” standard, the majority maintained that live birth is (...) the “unassailable point at which legal rights must be said to attach to the human person. “ By holding a nonviable fetus a legal “person” for the purpose of a wrongful death claim, the court's decision emphasizes the limited application of the United States Supreme Court's holding in Roe v. Wade that a fetus is not a person for the purposes of the Fourteenth Amendment. (shrink)

Despite its enormous popularity, Russell’s theory of definite descriptions has received various criticisms. Two of the most important objections against this theory are those arising from the Argument from Incompleteness and the Argument from Donnellan’s Distinction. According to the former although a speaker may say something true by assertively uttering a sentence containing an incomplete description , on the Russellian analysis such a sentence expresses a false proposition; so, Russell’s theory cannot adequately deal with such sentences. According to the latter (...) objection a descriptive sentence is actually ambiguous—it expresses a general proposition when the description contained in it is used attributively, and a singular proposition when the description in question is used referentially; Russell’s theory is inadequate as it fails to capture this ambiguity and offers an analysis according to which a descriptive sentence expresses only a general proposition. These objections are examined in the present dissertation. It is shown here that these objections arise from: (i) ignoring the distinction between the meaning of a sentence and the assertions made by using it, (ii) the failure to distinguish between the semantic meaning of a sentence and the pragmatic meaning with which it is used on a particular occasion. To make the distinction mentioned in (i), a significant part of Scott Soames’ theory concerning meaning and assertions has been adopted in this dissertation; and, to make the distinction mentioned in (ii), a test, namely the cancellability test, and two Distinguishing Criteria, namely DC-1 and DC-2, have been developed here. It has been argued here that if we properly make the relevant distinctions, then we will find that: (a) the phenomenon cited by the Argument from Incompleteness can be well explained keeping the Russellian analysis of descriptive sentences intact, (b) the phenomenon arising from the Argument from Donnellan’s Distinction raises an issue of pragmatics and is irrelevant to Russell’s semantic analysis of descriptive sentences. So, none of the above criticisms poses a genuine threat to Russell’s theory of definite descriptions; his theory actually provides, to a large extent, a correct semantic analysis of descriptive sentences. (shrink)

In this study, Consistency and Balance Model (CBM) is proposed and introduced. In the context of the model, the importance of consistency is emphasized in morality just like in Philosophy. Therefore, CBM gives the reason prominence in morality to ensure the consistency and according to CBM the emotion, the intuition and the conscience in addition to the reason, are also important. In order to see the principles determined by the reason in human behaviors, two kinds of classification are developed for (...) the virtues that is defined as the middle of excess and defect. The first of them is the triple classification of virtues that draws attention to the false existence of virtues and determines the opposite of virtues as forming dichotomy. The latter is the tetrad classification, which is based on the duality of two means that propose to consider the virtues together. The Contrast is considered as the central concept in the first classification and the integration is considered as the central concept in the second classification. Then it is offered that the virtues may be evaluated consistently in the social, global and theological contexts. However, the ideal morality with objective qualities and the real morality with subjective qualities are produced in order to reach the universal morality that is determined by the reason, then the consistency and the integration are proposed for them. Similarly, consistency and integration are proposed in the dualities of principle-virtue, abstract-concrete, intention-outcome, universality-locality, objectivity-subjectivity throughout the study. Finally, it is pointed out that the reasonableness of applying consistency in morality has exceptions.Summary: Philosophy is the logical, systematic and consistent thinking that focuses on specific questions and topics to reach the reality. When this basic tendency of philosophy is applied to morality, logical, systematic and consistent actions are expected to emerge. Accordingly, a new model called as Consistency and Balance Model (CBM) is proposed and introduced in this article. By this model, the importance of consistency is emphasized in morality just like in philosophy. Therefore, CBM gives the reason prominence in morality to ensure thought, expression and behavior consistency. According to CBM the human emotion, the divine intuition and the solid conscience in addition to reason are required to determine the virtues. CBM, which is a synthesis of the good intention and the reason, aims to constitute the sensible and good actions. According to CBM, which has a holistic structure, if a person can adopt the virtue as a principle and reflect the virtue in all of his behaviors during his whole life, he can be defined as consistently virtuous.CBM defines the good with the concepts of consistency and balance. According to CBM, the good is the mean of excess and defect. In this respect, CBM is based on Aristotle’s mean idea. However, CBM aims to develop it with new content. Two important questions arise during the identification of the evil: 1. Is it bad that nothing happens? 2. Is it bad that something is wrong? The point of defect represents the absence and the point of excess represents the fallacy in the entity. Both of them are bad in morality. The middle of them is the virtue. In order to see the principles determined by the reason in human behaviors, two kinds of classification are developed for the virtues which are defined as the middle of excess and defect. The first is the triple classification of virtues that draws attention to the false existence of virtues and determines the opposite of virtues as forming dichotomy. The triple classification, which forms a dichotomy as an empty pattern that can be applied to all virtues, is determined as over virtue-virtous-virtueless. According to CBM the opposite of the mean is always clearly the point of defect and implicitly the point of excess. Therefore, it is important to determine extremes of virtues. The point of defect can be briefly denoted as virtueless. The point of excess can be denoted as in fact virtueless, pretending as virtuous, masked virtue and over virtue. The latter is the tetrad classification, which is based on the duality of two means. In this classification, it is possible to produce new and better virtues by considering two virtues together. The Contrast is considered as the central concept in the first classification and the integration is considered as the central concept in the second classification.The principle is seen as a guarantee for the consistency in philosophy. CBM points out that a similar situation should be in ethics. According to Kant, the invisible internal principles of the actions are more important than the actions themselves to determine the moral value. The principle does not vary according to the individual and the condition, on the contrary, the individual is shaped by the principle and all individuals benefit equally from the outcome of the principle. Thus, the abuse of the rights of individuals with arbitrary treatments and double standards are prevented. In this democratic environment formed by the principle not only the owner of the power, but all right holders can get their rights. In this respect, the adherence to the principle is the guarantee of the rights and the freedom by establishing a balance between the rule and the freedom.Aristotle’s virtue and Kant’s principle are discussed in a holistic manner in this study. Thus, it is aimed that the principles in the human mind and the virtues in human actions are consistent in themselves and ultimately the union of the principles and the virtues can be ensured. Besides, the concepts of the ideal morality and the real morality are introduced in this article. The ideal morality takes place on the objective basis of the good and the truth, which is absolute, universally and unarguably accepted by everyone. The ideal morality with its objective qualities can be seen as the target that people know and want to achieve. The real morality is the morality that is shaped in the people or society in all its positive and negative aspects, which also includes the subjectivity of them as their own realities. The real morality with subjective qualities is the morality that occurs in life. CBM aims at the integrity and the consistency between the ideal morality and the real morality to reach the universal morality. In this article, the virtues are divided into two parts as material and spiritual. Then it is offered that the virtues may be evaluated consistently in the principal, individual, social, global and theological contexts. In this context, on the one hand it is aimed that the principal, individual, social, global and theological virtues are consistent within themselves and on the other hand they all are consistent within each other. In this classification the principal and theological morality have objective qualities and the individual and social morality have subjective qualities. CBM aims at an objectivity that incorporates subjectivity within the consistency and integrity of the principal, individual, social, global and theological morality. CBM aims to achieve the ultimate morality by integrating the starting point as the principal morality and the end point as the theological morality and to make them clear in the individual and social morality. As a result, CBM confirms the mean found by reason, by the revelation given by God. In other words, the morality that God has already there and always presents and the morality that the human mind finds here and now coincide. The consistency and integration are also proposed in the dualities of principle-virtue, abstract-concrete, intention-outcome, universality-locality, objectivity-subjectivity in the article. However, consistency, which is the central concept of the article, can form the basis for possible criticisms. But, it can be foreseen that the possible criticisms oriented to CBM would come from an extreme consistency perception that detaches the concept of consistency from reality without careful consideration. For this reason it should be kept in mind that it is wrong to expect excessive consistency in human behavior and to accept the ideal morality as absolute by neglecting the real morality. Finally, it is pointed out that the reasonableness of applying the consistency in morality has exceptions. (shrink)

In this study, we will analyze the three major theories concerning the relationship between God and the universe: origination (ḥudūth), emanation (ṣudūr), manifestation (ẓuhūr or tajallī). The theory of origination was developed in the history of Kalam. The majority of the theologians (Mutakallimūn) aimed to offer a concept of God and His relation to the universe based on the origination theory. On the other hand, the Muslim philosophers, mostly Ibn Sīnā, suggested the theory of emanation to provide a causal explanation (...) of the universe as well as God’s relation to it. The theory of manifestation emerged in the philosophical Sufism. Ibn ‘Arabī posited the concept of manifestation as an explanation of God’s connection with the universe. Based on their cosmological views, each field also aimed to offer their proof of God’s existence. The theologians argued that the universe was temporally originated (muḥdath) and therefore necessitates an originator (muḥdith) upon their premise that everything originated needs an originator. On the other hand, the philosophers attempted to address the premise of "from one comes only one" explaining how the multiplicity comes from the Absolute One (God). Considering God as the ultimate source of existence, they proposed a hierarchical order in the universe and explained it through their theory of emanation. The Sufi thinkers explained the relationship with the theory of manifestation, which is also known as the appearance of the Absolute Being or the revealing of the Absolute Being. In this study, we will primarily focus on these three theories and examine their differences and similarities as well as their significance in the formation of the cosmic existence in the Islamic thought. (shrink)

Business Ethics: A European Review, EarlyView.

A genealogy of the relationship between Islam and knowledge focusing on the Muslim West and, in particular, Algeria explains the current chaos within Muslim societies. The West, on its side, has difficulties understanding a cultural tradition which differs from its own. Islam did develop an aptitude for knowledge that put into play ‘different intellectual modalities, among which were dialectic argument, intuition and controversy’. However, ‘the accession to knowledge is shown by assent’. A long tradition of debate and controversy drew to (...) a close and was abandoned in favour of the exercise of authoritative and absolute power. Intellectual life in the region suffered notably from the successive departures of the elite, at the end of the Ottoman Empire, at the onset of the colonial period and upon independence. Colonialism founded a new system born of different traditions and entailed the breaking up of traditional scholastic institutions. After Independence, fewer and fewer interlocutors were capable of undertaking a reasoned critique of the West. ‘Mistrust with regard to the West’ translated into a ‘refusal even of controversy’. It is a vicious circle that can be broken only through a minimum of democracy. (shrink)

It is known that there are different concentrations of Muslims in European countries. However, Germany has a special importance in these countries due to the numerical excess of Muslims and the existence of our compatriots due to the economic migration from Turkey to Germany that started in the 1960s. For this reason, in our article, the educational activity carried out on Islamic theology, in particular kalam, in the example of Germany will be discussed. In Germany, Islamic religious education departments were (...) opened in three different universities to train teachers to teach Islamic religion in primary, secondary and high school schools, and to provide Imam education in order to eliminate the language and adaptation problems experienced by mosque officials coming from abroad. The process that started with Osnabrück University, Westfälische Wilhelm Münster University and Friedrich-Alexander University has progressed beyond the initial aim of training Islamic religion teachers with the seven universities reached today. In addition to the influence of the German Islamic Conference on the formation of the theoretical infrastructure of this process, the impact of the 2010 recommendation of the Scientific Committee is also known. The originality, scientific impartiality and conformity of Islamic Theology in Germany are the issues that are emphasized in the discussions. As a matter of fact, for this reason, the discussion of the science of of kalām in these centers is of particular importance in the debates. Because kalām is a science that shapes the understanding of religion and offers the opportunity to develop a correct intellectual perspective on religion. It is possible to say that the content of kalām in these centers and the studies carried out will affect the understanding of Islam that will emerge in Europe, especially in Germany, in the next century. For this reason, in our article, the study areas of theology professors in seven Islamic Theology centers and theses which they supervise will be discussed, on the other hand, researches, projects and collaborations that reflect the intellectual perspective of the Islamic Theology center will be highlighted. This article aims not only to criticize the said centers in Germany, but also to determine what kind of mutual contributions they might have with the theological accumulation in Turkey. As a matter of fact, it is obvious that the courses given, the theses managed and the fields of study will shape the future of Islamic theology in Europe, as well as having an impact on Islamic theology in Turkey given that today global scientific interaction is at the highest level. It is not possible to think the issues currently studied in Islamic Theology in Germany independently of the realities and needs of the country in which they flourish. As a matter of fact, although there are historical studies on Islamic theology schools, especially Maturidism, Ash'arism and Mu'taziliism, in different universities, the existence of studies on subjects that can be called “practical theology” draws attention. In addition, due to the fact that Germany creates a multi-religious and multicultural environment, it is seen that a supra-denominational approach is adopted and thus it is aimed to ensure a pluralism that allows different views. (shrink)

Tahâvî (v. 321/ 933), hicrî üçüncü asrın sonları ile dördüncü asrın başlarında yaşamış Hanefî fakihidir. Tahâvî’nin daha çok muhaddis olarak tanınmasına rağmen hadis ve fıkha derin vukufiyeti, her iki alana da temas eden hadis-sahâbî kavlî münasebetini onun üzerinden incelemeyi daha anlamlı kılmaktadır. Müctehid fakihlerin hüküm istinbâtında başvurduğu sahâbî kavlî, Hz. Peygamber’e dayanması bakımından semâ/tevkif ihtimali bulunan bir delildir. Bu sebeple sahâbî kavlini sünnet birlikte değerlendirmenin lüzumu ortaya çıkmaktadır. Ayrıca Tahâvî’nin sahâbî kavli ile sünnet arasında net bir ayırım yapmaması, Hanefî usûlünün (...) teşekkül süreci açısından önemlidir. Tahâvî, ictihad usûlü anlayışında sahâbî kavline deliller hiyerarşisinde Kur’an, sünnet ve icmâdan sonra yer vermektedir. Eserlerindeki tercihleri dikkate alındığında Tahâvî, sahâbî kavlini tevkife hamlettiği yerlerde sünnet olarak değerlendirmektedir. Hatta sahâbî kavli ve uygulamasının icmâa dönüştüğü durumda sünneti neshedebilecek mertebede gördüğü anlaşılmaktadır. Tahâvî ictihadî olan, re’y ve te’vil ifade eden sahâbî kavlini ise mutlak delil almayıp bu durumdaki sahâbî kavli karşısında kıyasa gitmektedir. Tahâvî’nin sünnete ve sahâbî kavline bakışı birlikte değerlendirildiğinde dönemin hadis anlayışı gereği, sünnetin çerçevesini sahâbe ve tâbiûn kavillerini dahil ederek geniş kapsamda ele aldığı anlaşılmaktadır. Erken dönem Hanefî usûlünde sahâbî kavli hakkında Tahâvî’nin görüşlerinin incelendiği araştırmada metin incelemesi ve analizi yöntemi kullanılmış; Tahâvî’ye ait eserler ile erken dönem Hanefî usûl-i fıkıh eserleri mukâyeseli olarak ele alınmıştır. (shrink)

Beylikler devri Türk-İslam ciltleri hem tezyînatları hem de üzerlerindeki dini içerikli ibareler, dua ve mücellid mühürleri vasıtasıyla cilt sanatı araştırmacılarının yayınlarına konu olmuştur. Ancak ciltlerdeki dua ifadelerini müstakil olarak konu edinen yayın sayısı oldukça azdır. Türk-İslam ciltlerinin gerek kapak yüzeyinde gerekse kapak içlerinde dua içerikli ibarelere rastlamak mümkündür. Makalenin konusu, Beylikler devrinde üretilen Türk-İslam ciltlerinin deri kaplı kapak içlerinde yer alan el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) yazısı, bu yazının yer aldığı desen kompozisyonu ve yazının analizidir. Makaledeki amaç, şimdiye kadar cilt (...) literatüründe müstakil olarak ele alınmamış el-İzzü’d-Dâim ve’l-İkbâl yazılı cilt kapak içi tezyînatı hakkında tespit edilebilen örneklerin detaylı desen ve yazı analizleriyle bilimsel birikim oluşturabilmek ve aynı ya da benzer ibarenin yer aldığı diğer İslam sanat eserlerini tespit ederek bu dua ibaresinin ciltlerdeki kullanım amacını ve kullanıldığı dönemleri belirlemeye çalışmaktır. Cilt sanatı literatürü ve yazma eser kütüphanelerinde yaptığımız araştırmalar neticesinde, Beylikler dönemine ait ciltlerin altı tanesinin kapak içinde el-İzzü’d-Dâim ve’l-İkbâl ibaresi tespit edilmiştir. Bu tespitlerin sayısı, yapılacak yeni araştırmalarla artabilecektir. Tespit edilen yazma eserler; Amasya YEK: 217, İnebey YEK Hüseyin Çelebi: 481 ve Ulu Cami: 318, Kastamonu YEK: 2856 ve 3435 ve Süleymaniye YEK Fatih: 5004’tür. Ciltlerin kapak, sertâb ve mikleb yüzeylerindeki tezyînatları, Beylikler dönemi cilt sanatı üslûbunu yansıtan süslemelerdir. Ciltlerin teknik ve tezyînatları, -mevcut olanların- istinsâh kayıtları incelendiğinde üç örneğin (Amasya YEK: 217, Kastamonu YEK: 2856 ve 3435) 14. yüzyıl tarihli olduğu ya da tarihlendirildiği, üç örneğin (İnebey YEK Hüseyin Çelebi: 481 ve Ulu Cami: 318, Süleymaniye YEK Fatih: 5004) ise 15. yüzyıl tarihli olduğu ya da tarihlendirildiği görülmektedir. Ciltlerin kapak içi deseni, bitkisel ve rûmî motiflerle bezeli tam zemin geometrik bir tasarıma sahiptir. Geometrik desenin içerisindeki altıgen paftalarda el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) yazısı yer almaktadır. İbarenin, cilt kapak içlerine tek satırda (İnebey YEK Ulu Cami: 318, Kastamonu YEK: 3435) ve çift satırda -½ oranında ters simetrik- (Amasya YEK: 217, İnebey YEK Hüseyin Çelebi: 481, Kastamonu YEK: 2856, Süleymaniye YEK Fatih: 5004) olmak üzere iki türde yazıldığı tespit edilmiştir. Her iki tasarımda da sülüs yazı çeşidi tercih edilmiştir. İnebey YEK Hüseyin Çelebi: 481 envanter numaralı 15. yüzyıla ait cildin kapak içinde ise diğer örneklerden farklı olarak yazı paftalarının bazılarında mücellit kitabesi bulunmaktadır. Kitabede, “Amel-i Mücellid Haydar b. Turbegî” yazılıdır. Kapak içi tezyînatının aynı olması nedeniyle, Kastamonu YEK: 2856 ve Süleymaniye YEK Fatih: 5004 envanter numaralı ciltlerin de Haydar b. Turbegî adlı mücellidin eseri olma ihtimali vardır. Ciltlerin kapak içlerinin tümü, çeşitli tonlarda kahverengi sahtiyanla kaplıdır. Derilerin gözenek türü bunu ispat eder niteliktedir. Süsleme tekniği, tüm kapak içlerinde soğuk baskı tekniğidir. Bu teknik adını, uygulanması esnasında altının kullanılmamasından almaktadır. Soğuk baskı tekniğinde, desenin deriye genellikle sıcak pres uygulaması yapılarak aktarıldığı bilinmektedir. Uygulamada yüzeyinde motif veya desenin yer aldığı kalıp, çivi ve diğer ciltçilik aletleri kullanılmaktadır. Çalışma kapsamındaki ciltlerde kapak içi deseninin kalıpla uygulandığı, deri üzerindeki desenin kesintili çizgilerden anlaşılmaktadır. Kapak içi tezyînâtını oluşturan desenin simetrik bir parçası, kalıba işlenmiş ve kalıp deri üzerine simetrik bir şekilde, boşluk bırakılmadan basılmıştır. Yapılan incelemelerden anlaşıldığı kadarıyla kalıbın basıldığı deri, kapak içine yapıştırıldıktan sonra kapak kenarlarından cilt ebadına uygun şekilde kesilmiş olmalıdır. Kalıbın bazı örneklerde hatalı basıldığı da görülmektedir. Bu da desenin devamlılığını kısmen bozmuştur. Soğuk baskı tekniğinde, desenin deriye genellikle sıcak pres uygulaması yapılarak aktarıldığı bilinmektedir. Desenin deri renginden daha açık olması, uygulamanın ısıyla yapılmış olduğunu doğrulamaktadır. Ciltlerin kapak yüzeylerinin kullanıma bağlı olarak yıprandığı ve bu nedenle desenlerin deforme olduğu tespit edilmiştir. Ancak kapak içleri böyle bir yıpranmaya maruz kalmadıkları için korunarak günümüze ulaşmıştır. el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) ibaresi Arapça bir terkip olup “sonsuz güç ve yüksek mevki” anlamına gelmektedir. Terkip; güç, kudret ve ihtişam anlamına gelen العزّ ve ferah, parlak ve yüksek mevki anlamındaki الإقبال kelimelerinden oluşmaktadır. İbare dua, temenni vb. maksatlarla kullanılmış olmalıdır. Çalışma kapsamındaki ciltler ve diğer İslam sanatı örneklerinden anlaşıldığı kadarıyla İslam sanat eserleri üzerinde el-İzzü’d-Dâim ve’l-İkbâl ibaresine 12. yüzyıldan 15. yüzyıla kadar geniş bir dönemde yer verilmiştir. (shrink)

1. Empirisme positivisme : deux philosophes anthropologiques des limites et du devenir -- L'homme des origines -- Fétichisme et dysharmonie avec le monde -- La tension instinctive au connaître -- Contrer la mort : action et réussite : l'homme chasseur et l'homme prévoyant -- Histoire : " probabilitaire " ou science de l'histoire -- Périodisation et quête de la causalité -- Promesse ou loi -- Les discontinuités de l'histoire -- La rupture du loyalisme : partialité et universalité -- Comte ou (...) la double rupture : épistémologique et Historique -- 2. Certitudes et pensée causale -- Un ordre causal déstabilisé et ses fondements -- Malebranche et la ruine de la causalité naturelle -- Attraction newtonienne et connexions causales -- Causalité : certitudes et fictions -- Similitude, succession, inférence et loi -- 3. Passions, morale et raison -- La dynamique des passions -- De l'orgueil et de l'humilité -- Physiologie, penchants et sentiments -- Raison, passion et obligation morale -- Affectivité, individualité, sociabilité et synthèse -- 4. Société, politique et religion -- Politique, lois et moeurs -- Politique est-elle une science ? -- Religion et politique -- Le positivisme n'est pas un emnirisme. (shrink)

Il est indéniable que Comte a été influencé par Hume depuis sa jeunesse, l'influence de Comte sur Hume se manifeste de façon claire dans un article de 1819 intitulé "Séparation générale entre les opinions et les désirs" qui se trouve dans les Ecrits de jeunesse (1819-1828), et nous voyons aussi que Hume ressurgit à la fin du Système de politique positive (1851-1854), texte dans lequel Auguste Comte affirme qu'il appartient à l'école de Hume. Nous avons deux philosophies anthropologiques qui établissent (...) les fondements d'une vie sociale et d'une théorie morale ancrées dans la nature humaine, dans les désirs et les instincts incontrôlés et qui exigent une régulation par la médiation de la sociabilité et du temps. La question des passions, des penchants et des sentiments se dégage d'une problématique classique celle qui l'intégrait au sein d'un subjectivisme rationaliste, qui soumettait le corps à l'emprise de l'âme. (shrink)