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)

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)

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)

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)

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)

Ibn Kammūna (d. 1284) is one of the prominent names to have presented the new structuring that emerged after the classical period studies of Islamic philosophy following the 12th century. This article deals with his theory of the body, previously undiscussed in the academic community. The subject has been handled in connection with the philosophy of nature and metaphysics concerning questions such as how the body exists as a possible essence and how the principles guiding this process are reflected in (...) the field of nature, as well as what the body is and what its constituent elements, types, qualities, and additions are. Thus, Ibn Kammūna has been determined to consider the first body to be the first sphere, the later bodies to occur in the process of emanation, and the cause of the body to be the intellect. In addition, he established the body consisting of matter and form to be continuous, to point to itself, and to be an infinitely divisible substance. However, he is observed to have not evaluated matter and form, which are constituent elements of the body, under the category of substance. Moreover, this article also reviews Ibn Kammūna’s approach to the main claims of the Peripatetic and Illuminationist traditions about the body contained in his original works and commentaries. Through the proofs and reasoning made in the details of these claims, Ibn Kammūna is understood to have thought mostly in line with Ibn Sīnā about the definition and essence of the body. He occasionally agreed with Suhrawardī about the properties and additions of the body. This study investigates how Ibn Kammūna shaped Ibn Sīnā’s theory of the body, upon which Suhrawardī had expanded, and whether its content is original in this context. Thus, I aim to contribute to the field by following the processes of change, expansion, and transfer of philosophical accumulation in Islamic thought after these two philosophers who had founded of the Peripatetic and Illuminationist schools. (shrink)

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)

We often hear the term “dignity” in our age. Especially in societies with multicultural and multi-faith, peace, respect, tolerance and human rights ideas are associated with human precious beings. However, understanding what dignity is and which rights it includes are difficult. Because human dignity has social, philosophical, theological and legal dimensions in which its content changes in historical process. Dignity is a term discussed in western societies and has a place in international contexts. That’s why the emphasis is on its (...) naming in western thought and conceptualization types. The definitions of term in terms of legal, moral and cultural are analyzed. This analysis shows it is described as classical and modern with different meanings. It is thought that perceiving the term as classical far from modern meaning results from monotheistic religions. But it is also expected that these religions contribute to social peace. Therefore, in order to understand the monotheistic religions’ attitude towards human and human rights, Holy Scriptures should be reviewed. Analyzing the dignity in Holy Scriptures is out of our studies. Our purpose is to discuss how Islamic attitude towards this term should be in accordance with understanding types of the term. (shrink)

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)

The issue of morality is a universal phenomenon that is spoken and discussed above religions. There are moral values that every society accepts depending on their sociological and psychological conditions. From the first moment Islam came to the Arab society, it began to organize and renew the moral values of the society. As a model of the regulated and renewed moral values, The Prophet is shown. In this context, the moral consequences of the confusion in the Islamic society after the (...) death of the Prophet and the criticisms of the sufis who emerged as a reaction to the corruption in the society occur. Although the fields of fiqh and kalam discuss different issues in their formation processes, a particular section on morality does not appear to exist in the fields of fiqh and kalam. The sufis criticize the neglection of the field of morality in Islamic disciplines, and highlight the need of elimination of this deficiency. Sufis who lived in the early period claim that the solution that would fill this gap and help Islamic thought reach perfection is sufism. In order to justify this claim, they produce works attempting to prove that sufism is an independent discipline like kalam and fiqh. In this process, sufism transforms from a practical and ascetic understanding into a discipline that produces knowledge like other religious disciplines. (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)

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)

A fundamental aspect of human cognition is the ability to parse our constantly unfolding experience into meaningful representations of dynamic events and to communicate about these events with others. How do we communicate about events we have experienced? Influential theories of language production assume that the formulation and articulation of a linguistic message is preceded by preverbal apprehension that captures core aspects of the event. Yet the nature of these preverbal event representations and the way they are mapped onto language (...) are currently not well understood. Here, we review recent evidence on the link between event conceptualization and language, focusing on two core aspects of event representation: event roles and event boundaries. Empirical evidence in both domains shows that the cognitive representation of events aligns with the way these aspects of events are encoded in language, providing support for the presence of deep homologies between linguistic and cognitive event structure. (shrink)

Ancient Greek culture and its crown jewel philosophy grew out of a distinct realization that life is precarious. In order not to perish, humankind needs art {poiesis). With art human beings can live well and rise above the forces of destruction. Art in all of its forms proceeds by receiving guidance from logos, the principle of metron. Mythos is logos enacted. Through logos as art human beings can create value and be a value unto themselves.

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)

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)

In the last decade, discourse on sexuality has proliferated more than ever in the political realm in Turkey. The discursive utilization of women’s bodies and sexualities has appeared as the main tool to consolidate a conservative gender regime and the heterosexual family with children is promoted as the basic unit to reinforce hegemonic moral values and norms. This article aims to disentangle the intricate patchwork in the Justice and Development Party’s gender politics, which is geared towards ensuring pervasive control of (...) women’s bodies and sexualities. Within this framework, this article investigates the proliferation of the discourse on women’s bodies and sexualities in Turkish politics by delving into the constitutive factors of the JDP’s hegemonic gender politics and examining the narrative lines in recent public debates on women’s sexualities. (shrink)

The purpose of this study was to explain differences between employees who feel a sense of belonging and those who feel a sense of otherness in terms of their opinions about diversity works in their organizations. We conducted an empirical study to examine the perceptual differences between two independent groups of the study “who feel a sense of belonging” and “who feel a sense of otherness.” We collected data from 792 employees working for organizations in different sizes, industries, and capital (...) structures, which enriched the representativeness of the sample. The findings show that out-group members remain less satisfied with diversity works in their organizations based on four main issues such as “competence of diversity actors,” “embeddedness of diversity works in organizational policies/practices,” “diversity awareness in the HRM functions,” and “diversity-related employee satisfaction.” This paper makes two contributions. First, it contributes to the extant literature an understanding of the differences between those who remain indifferent to diversity works and those who care to see, speak, and hear about them. Second, with a few exceptions, extant studies on diversity works have been dominated by Western-centered research. Research is needed on countries with different macro-contextual conditions, such as different legal regulations, socio-political status, and history. For this study, survey data were collected from people who work in Turkey, a country which has limited legal measures and underdeveloped discourses for equality, diversity, and inclusion. The paper provides significant insights into leading diversity works in national settings with less developed supportive mechanisms for diversity. (shrink)

As research in the areas of unethical and ethical leadership grows, we note the need for more consideration of the normative assumptions in the development of constructs. Here, we focus on a subset of this literature, the “dark side” of supervisory behavior. We assert that, in the absence of a normative grounding, scholars have implicitly adopted different intuitive ethical criteria, which has contributed to confusion regarding unethical and ethical supervisory behaviors as well as the proliferation of overlapping terms and fragmentation (...) of research. Accordingly, we offer a definition of unethical supervision grounded in the normative theories and develop a framework of unethical supervision by analyzing the constructs associated with unethical supervision from a normative perspective. Our analysis suggests a heavy emphasis on violations of the right to dignity. We also note that utilitarianism and certain forms of rights as well as justice have been largely overlooked in the unethical supervision literature. We conclude by considering the implications of our conceptualization for theory on the antecedents and consequences of unethical supervision and by explaining how our approach extends to the larger literature on unethical and ethical leadership. (shrink)

This paper deals with the role and task of intellectual groups in current Muslim societies, with a particular outlook on Algeria. It discusses the social and educational impact of their action, and the internal and external limits to their action. Democratization and Arabization are considered as two dialectical poles of the ongoing process of modernization of those societies.