The intra-school controversies in Hanafī school are remarkable. These controversies pose a risk for legal safety and stability and creates difficulties for muqallīd Hanafī judges and muftīs. In the historical process, different types of literature such as mukhtaṣar and fatwa (legal opinion) books, and applications such as aṣṣaḥ-ı aqvāl and maʻrūdhāt, emerged to solve this problem. One of the last example of these applications is the codification movement. The subject of this study is the relationship between the Majalla al-Aḥkām al-ʿAdliyyah, (...) which is the first product of codification based on fiqh (Islamic jurisprudence), and the intra-school preference. In order to describe this relationship, it is briefly emphasized that one of the aims of codification of Majalla is to satisfy the need for intra-school preference. The function and content of Majallaʼs necessary reasons, (asbāb al-mūjiba) was analyzed in terms of intra-school preference. The interventions on the preferences of the Majalla Commission are also emphasized. The Majalla is a text of the intra-school preference. The analysis of its content in relation to intra-school preference is very important. Therefore, in order to reveal what kind of method is used in intra-school preferences and to determine different aspects of intra-school preference in the Majalla, the chapter about ‘sale’ (Kitāb al-Buyūʿ) of the Majalla are examined.Summary: The intra-school controversies in Hanafī School, which is quite important in terms of freedom of ijtihād (independent legal judgment) and legal wealth, possible to threaten legal safety and stability. These controversies also make difficult for judges to reach a judgment or fatwa in controversial affairs. For this reason, determination of the rājiḥ (preferred opinion) in controversial issues in the school, is a need that must be eliminated.The intra-school preference can be described as "to determine the superior, preponderant of different opinion or narrations about a specific issue in the school". In the historical process different types of literature such as mukhtaṣar and fatwa books, and different applications such as asaḥḥ-ı aqvāl and maʻrūzāt, emerged to meet this need. One of the applications aimed to meet this need is the codifications in the last period of the Ottoman State.The relationship between the Majalla al-Ahkam al-Adliyyah, which is the first example of codification based on fiqh (Islamic jurisprudence), and the intra-school preference; and in this context, while preparing the Majalla how a method was followed in the intra-school preference; at what rate be obeyed the rājiḥ (preferred) opinion; articles contrary to the rājiḥ (preferred) opinion in Majalla and their reasons; whether legal arrangements have been made in all controversial issues; at what rate be met the need of determination of rājiḥ (preferred) opinion are the issues that need to be examined.One of the main reasons for the need for a law text such as Majalla al-Ahkam al-Adliyyah is the multitude of the intra-school controversies in Hanafī School. Therefore, the goal of Majalla is to prepare a code that contains rājiḥ opinion.When Majallaʼs necessary reasons, i.e. asbāb al-mūjiba, are examined in terms of the intra-school preference, it is seen that there are two basic functions of necessary reasons. The first of them is, emphasizing that the code is prepared substantially in accordance with the râjih opinion in the school. In fact, that this issue in the asbāb al-mūjiba of the first ten books of Majalla is expressly stated. The other function of the asbāb al-mūjiba is to justify that why rājiḥ opinion are not be confirmed in some article. In the necessary reasons it is stated that twelve articles are prepared in the direction of unrâcih (unpreferable) opinion. Considering that Majalla is formed of 1851 article, it will be better understood that how the rājiḥ opinions are effective in Majalla's content. Essentially, the conditions of the period also make it necessary. The preference of the non-preferred opinion of Züfer (d. 158/775) in 692nd article of Kitāb al-Ḥavala, caused the reaction of some circles mainly Şeyhülislam Hasan Fehmi Efendi (d.1298/1881) and for this reason Ahmet Cevdet Pasa (d.1895) was dismissed from the ministry of Divan al-Ahkâm al-Adliyyah and the chairman of the Majalla Commission.When the asbāb al-mūjibas of contrary articles to rājiḥ opinions are examined, it is seen that maṣlaḥa and customs are determinative in these preferences. It is also seen that the preferences of some jurists are also mentioned as a reason of preference. The most widespread preference’s reason in Hanafī sources is in congruity with the texts. On the contrary, it is noteworthy that, besides the interdiction of extravagant (safih), it is not operated as a preference’s reason in Majalla.Some preferences of the Majalla Commission were intervened by other institutions. The chapters prepared by the commission were examined both by Majlis-i Wukalā and Mashihat, and these chapters were subject to some revisions at this time. Here, two articles prepared on the basis of the non-preferred opinion were intervened by Majlis-i Wukalā. The first of these is 216th article that written in the direction of opinion of Mashāyikh Balkh, which argues that it is permissible to sell separately ḥaqq al-murūr (the right of passage) and ḥaqq al-shirb (water right), the second is the 611th article which regulates the liability to damage of ajīr al-mushtarak (joint salaried employee).When the content of Kitāb al-Buyū, the first and the most voluminous book of Majalla, is examined in terms of the intra-school preference, it is seen that the rājiḥ opinions in the school are generally taken as basis. It is stated that in the asbāb al-mūjiba of the Kitāb al-Buyūʿ the four issues are prepared basing on the non-preferred opinion and these preferences are justified with custom and maṣlaḥa. However, the contrary articles to the rājiḥ opinion in the Kitāb al-Buyūʿ are not limited to these. According to our research, in addition to these, three articles were prepared with the preference of non-preferred opinion. These are the 118th article regarding that the bayʻ bi-l-wafā is permissible in chattels, 165th article on the definition of al-ghabn al-faḥiş (lesion), and the 309th article concerning the provision of the khiyār al-sharṭ (right of cancellation). These three articles show that the regulations contrary to the rājiḥ opinion in Majalla are not just those explained in the asbāb al-mūjiba and this situation is contrary to the method that is followed when preparing the Majalla.In some controversial issues in the Hanafi School, authorized jurists to preference (asḥāb al-tarjīh) disagreed over which opinion is rājiḥ. It wasn’t explained that how a method would be followed in Majalla when the legal arrangements were made in these matters. When these issues are examined, it can be said that the preferences of the majority, the providing of convenience and the preference by some jurists are effective.Preferences in Majalla have not been occurred only among the sharʻī (related to Islamic Law) provisions. In addition, the definitions and the inscription in the definitions are also the subject of preference. In this context, the preferences related to the definition of the sales contract, the suspended contract (al-ʻaqd al-maqqūf) and the al-ghabn al-faḥiş in Kitāb al-Buyūʿ can be mentioned as an example.Some controversial issues in the Hanafi School are not regulated in Majalla. When considering the multiplicity of controversial issues and therefore the difficulty of making legal arrangements to cover all of them, this situation is natural. Moreover, some of these issues may not have been regulated in Majalla because they are not frequent and necessary. However, it is not possible to explain all the controversial issues that have not been regulated for these reasons. Because some of the controversial issues that have not been legislated are basic, relatively important issues and they are included in the mukhtaṣars. This indicates that when preparing the Majalla, instead of making preference on some controversial issues, the method of non-regulation of these matters is adopted. It can be said that this method is applied as a way of creating law text which is clear of controversy. Thus, the determining of the rājiḥ opinion in these matters has been left to the judges. This situation is not suitable to meet the need of determining the rājiḥ opinion, which is the goal of Majalla. But it is the result of the difficulty of making a law that encompasses all legal issues. (shrink)

Mezheplerin teşekkül etmeye başladığı ilk dönemlerden itibaren istihsanın bir istidlal yöntemi olup olmadığı tartışılagelmiştir. Bu tartışmaların temelinde kavramsallaşma sürecini henüz tamamlamamış olan istihsan teriminin çağrıştırdığı keyfiliğin/sübjektivitenin etkisi çok fazladır. Bu yüzden istihsanı bir yöntem olarak benimseyenler, ağır ithamlara maruz kalmışlardır. İstihsanı benimseyenlerin başında Hanefî hukukçular gelmektedir. Öyle ki istihsan yöntemi Hanefî mezhebiyle anılır hale gelmiştir. Bununla birlikte mezhebin önde gelen temsilcilerinden biri olan ve kıyas metodunu kullanmasıyla ön plana çıkan Züfer b. Hüzeyl’in istihsana yaklaşımıyla ilgili iki farklı yaklaşım tespitedilmiştir. Yaptığımız (...) araştırma ve inceleme neticesinde her iki tespitinde isabetli olmadığını; Züfer b. Hüzeyl’inkıyas yapmadaki becerisinin yanı sıra istihsana müracaatta sonuna kadar kıyas taraftarı olduğunu; ancak kıyasın meselelere çözüm üretmede yetersiz kaldığı ya da doğru sonuç vermediği durumlarda ise ızdırârın da bir gereği olarak meseleyi hükümsüz bırakmama adına istihsana müracaat ettiği görülmektedir. Sonuç olarak Züfer b. Hüzeyl’in genel hatlarıyla Hanefî usulüne bağlı kalmakla birlikte istihsanı bir istidlâl yöntemi olarak kullanma hususunda çerçeveyi oldukça daralttığını; kıyasa başvurma konusunda ise sınırları mümkün olduğunca geniş tuttuğunu söylemek mümkündür. İctihad hürriyeti ve hukûkî zenginlik açısından oldukça önemli olan Hanefi mezhebindeki mezhep içi ihtilaflar, hukûkî istikrar ve emniyeti tehdit etme potansiyeli taşımakta ve ayrıca ihtilaflı meselelerde hüküm veya fetva verecek fakihlerin işini zorlaştırmaktadır. Bu nedenle mezhep içerisindeki ihtilaflı meselelerde râcih görüşü tespit etmek, diğer bir ifadeyle mezhep içi tercih, zorunlu bir ihtiyaçtır. Mezhep içi tercih, “muayyen bir mesele ile ilgili mezhepteki muhtelif kavil veya rivayetlerden daha ağır basanı, üstün olanı belirlemek” şeklinde tarif edilebilir. Tarihi süreçte bu ihtiyacı karşılamak için muhtasar ve fetva kitapları gibi farklı telif türleri; esahh-ı akvâl ve maʻrûzât gibi farklı uygulamalar ortaya çıkmıştır. Bu ihtiyacı gidermeyi hedefleyen uygulamalardan biri de Osmanlı Devleti’nin son dönemindeki kanunlaştırmalardır. Fıkha dayalı kanunlaştırmanın ilk örneği olan Mecelle-i Ahkâm-ı Adliyye ile mezhep içi tercih arasındaki ilişki ve bu bağlamda Mecelle hazırlanırken, mezhep içi tercihte nasıl bir usûl izlendiği; râcih görüşe ne oranda uyulduğu; Mecelleʼde yer alan râcih görüşe aykırı kanun maddeleri ve bunların gerekçeleri; ihtilaflı bütün konularda düzenleneme yapılıp yapılmadığı ve râcih görüşleri belirleme ihtiyacının ne kadar giderildiği, incelenmesi gereken konulardır. Mecelle-i Ahkâm-ı Adliyye gibi bir kanun metnine ihtiyaç duyulmasının temel nedenlerinden birisi, Hanefî mezhebinde mezhep içi ihtilafların çokluğudur. Buna bağlı olarak Mecelleʼnin hedefi râcih görüşler içeren oluşan bir kanun hazırlamaktır. Mecelle’nin esbâb-ı mûcibeleri mezhep içi tercih açısından incelendiğinde, esbâb-ı mûcibelerin iki temel işlevi olduğu görülür. Bunlardan ilki, kanunun büyük oranda mezhepteki râcih görüşlere uygun olarak hazırlandığını vurgulamaktır. Öyle ki, Mecelle’nin ilk on kitabının esbâb-ı mûcibelerinde bu husus mutlaka ifade edilmektedir. Esbâb-ı mûcibelerin diğer işlevi ise niçin bazı maddelerde râcih görüşe riayet edilmediğini gerekçelendirmektir. Esbâb-ı mûcibelerde on iki maddenin râcih olmayan görüş doğrultusunda hazırlandığı belirtilmektedir. Mecelleʼnin 1851 maddeden oluştuğu göz önünde tutulduğunda Mecelleʼnin muhtevasında râcih görüşlerin ne kadar etkili olduğu daha iyi anlaşılacaktır. Esasen devrin özelliği de bunu zorunlu kılmaktadır. Zira Kitâbüʼl-Havâlenin 692. maddesinde Züferʼin râcih olmayan görüşünün tercih edilmesi, başta Şeyhülislam Hasan Fehmi Efendi olmak üzere bazı çevrelerin tepkisine neden olmuş ve bu sebeple Ahmet Cevdet Paşa Divân-ı Ahkâm-ı Adliyye nâzırlığından ve Mecelle Komisyonu başkanlığından azledilmiştir. Râcih görüşe aykırı maddelerin esbâb-ı mûcibeleri incelendiğinde, bu yöndeki tercihlerde maslahat ve örfün belirleyici olduğu görülmektedir. Ayrıca bazı fakihlerin tercihlerinin de bir tercih sebebi olarak zikredildiği görülmektedir. Hanefi kaynaklarda en sık karşılaşılan tercih sebebi naslara uygunluktur. Buna karşın Mecelleʼde sefîhin hacri konusu dışında, naslara uygunluğun bir tercih sebebi olarak işletilmemesi dikkat çekicidir. Mecelle Komisyonunun bazı tercihlerine diğer kurumlarca müdahale edilmiştir. Komisyonca hazırlanan kitaplar hem Meclis-i Vükelâ hem de Meşîhat tarafından incelenmiş ve bu esnada bazı tashihlere konu olmuştur. İşte râcih olmayan görüş esas alınarak hazırlanan iki maddeye Meclis-i Vükelâ tarafından müdahale edilmiştir. Bunların birincisi hakk-ı mürur ve hakk-ı şirbin müstakil olarak satımının cevazını savunan Belh Meşâyihinin görüşü doğrultusunda yazılan 216. madde, ikincisi ise ecîr-i müşterekin tazmin sorumluluğunu düzenleyen 611. maddedir. Mecelle’nin ilk ve en hacimli kitabı olan Kitâbüʼl-Büyûʻun muhtevası mezhep içi tercih açısından incelendiğinde, ihtilaflı konularda genelde mezhepteki râcih görüşün esas alındığı görülmektedir. Kitâbüʼl-Büyûʻun esbâb-ı mûcibesinde, dört meselenin râcih olmayan görüş esas alınarak hazırlandığı ifade edilmekte ve bu tercihler örf ve maslahatla gerekçelendirilmektedir. Ancak Kitâbüʼl-Büyûʻdaki râcih görüşe aykırı maddeler bunlarla sınırlı değildir. Bizim araştırmamıza göre bunlara ilaveten üç madde daha râcih olmayan görüş tercih edilerek hazırlanmıştır. Bunlar beyʻ biʼl-vefânın menkullerde cevazına dair 118. madde, gabn-i fâhişin tanımı hakkındaki 165. madde ve şart muhayyerliğinin hükmü ile ilgili 309. maddedir. Bu üç madde, Mecelleʼdeki râcih görüşe aykırı düzenlemelerin sadece esbâb-ı mûcibelerde açıklananlardan ibaret olmadığını göstermektedir ve bu durum Mecelle hazırlanırken izlenen usûle aykırıdır. Hanefi mezhebindeki bazı ihtilaflı meselelerde hangi görüşün râcih olduğu konusunda tercih ehli fakihler ihtilaf etmişlerdir. Bu meselelerde Mecelleʼde düzenleme yapılırken nasıl bir yol izlendiği açıklanmamıştır. Bu meseleler incelendiğinde çoğunluk tarafından tercih edilme, kolaylığı temin etme ve bazı fakihler tarafından tercih edilme gibi hususların etkili olduğu söylenebilir. Mecelleʼdeki tercihler sadece şerʻî hükümler arasında gerçekleşmemiştir. Buna ilaveten tanımlar ve tanımlarda yer alan kayıtlar da tercihe konu olmuştur. Bu kapsamda Kitâbüʼl-Büyûʻdaki beyʻ akdi, mevkûf akid ve gabn-i fâhişin tanımına ilişkin tercihler örnek olarak zikredilebilir. Hanefi mezhebin içerisindeki ihtilaflı bazı meseleler Mecelleʼde düzenlenmemiştir. İhtilaflı meselelerin çokluğu ve dolayısıyla bütün bunları kapsayan bir kanun hazırlamanın zorluğu dikkate alındığında bu durum doğaldır. Ayrıca bu meselelerden bazıları sık gerçekleşmediği ve lüzumlu görülmediği için Mecelleʼde düzenlenmemiş olabilir. Ancak düzenleme yapılmayan ihtilaflı meselelerin tamamını bu sebeplerle izah etmek mümkün değildir. Zira yasal düzenleme yapılmayan ihtilaflı meselelerin bazıları temel, görece önemli meselelerdir ve muhtasarlarda yer almaktadır. Bu durum Mecelle hazırlanırken, ihtilaflı bazı meselelerde tercih yapmak yerine bu meselelere ilişkin düzenleme yapmama metodunun benimsendiğini göstermektedir. İhtilaftan ârî bir kanun metni oluşturmanın bir yolu olarak da bu usûlün benimsendiği söylenebilir. Böylece bu meselelerde râcih görüşü tespit etme işi hâkimlere bırakılmıştır. Bu durum Mecelleʼnin hedefi olan râcih görüşleri tespit etme ihtiyacını gidermeye uygunluk arz etmemektedir. Ancak bu durum bütün meseleleri kuşatan bir kanun yapmanın güçlüğünün bir sonucudur. (shrink)

In “Compassionate Phenomenal Conservatism” (2007), “Phenomenal Conservatism and the Internalist Intuition” (2006), and Skepticism and the Veil of Perception (2001), Michael Huemer endorses the principle of phenomenal conservatism, according to which appearances or seemings constitute a fundamental source of (defeasible) justification for belief. He claims that those who deny phenomenal conservatism, including classical foundationalists, are in a self-defeating position, for their views cannot be both true and justified; that classical foundationalists have difficulty accommodating false introspective beliefs; and that phenomenal conservatism (...) is most faithful to the central internalist intuition. I argue that Huemer’s self-defeat argument fails, that classical foundationalism is able to accommodate fallible introspective beliefs, and that classical foundationalism captures a relatively clear internalist intuition. I also show that the motivation for phenomenal conservatism is less than clear. (shrink)

Ijtihad is the mujtahid's putting forward all his efforts on a fiqh issue within the framework of methodological principles. Fatwa, on the other hand, are the explanations made regarding the questions asked in fiqh issues. Therefore, although there are similarities between fatwa and ijtihad in terms of declaring a fiqh knowledge, there are also some differences that distinguish both scientific activities from each other. Because of this difference, not every ijtihad qualifies as a fatwa that a Muslim can apply in (...) his life. A jurist who does not have the qualifications for ijtihad has to pay attention to when giving a fatwa by making use of the classical period ijtihad. The most important thing to consider when benefiting from the ijtihads that have been put forward is to correctly distinguish between the ijtihads that are historical and those that will always be used. In the fiqh books, there are many issues that can be described as historical ijtihad, in the context of their own time and conditions. Since it is not possible to present all such ijtihads within the framework of an article, in this study, the subject is discussed within the framework of ijtihads selected from fiqh books. From international relations to family law, there are many historically qualified ijtihads in the fields of fiqh, especially in the field of transactions. Today, international relations are quite different. It is of great importance to redefine the world and present fiqh rules accordingly. In the changing social structure, a new perspective is needed in the determination of the muruet. In the process of women's social position and participation in social life, great changes have been experienced all over the world and women have started to take part in many areas of life. In terms of the minimum age limit for marriage, it has become natural to marry at an older age than in the past. It has become almost impossible to act with the approach that those who have the same belief will obtain citizenship without other terms and conditions. It has become necessary to consider the views of jurists regarding the rights of non-Muslim citizens from a new perspective in the globalizing world structure. The implementation of views that give authority to private property owners regarding mineral ownership may be harmful to the security of the state and the public interest. There has been a need to look again at the legal provisions regarding the treasures under the ground in terms of public interest. In the article, it is stated why the ijtihads on the aforementioned issues have a historical character and in which framework the issue should be handled today. (shrink)

This work of ours is about the servant's display of behavior such as ruminating while fulfilling his responsibility to Allah. Since the verse related to our subject is in the Surah Hucurat, an evaluation will be made within the framework of this verse. During this evaluation, verses with similar characteristics that we think may be relevant will also be included. In addition, it will not only touch on the historical dimension of the issue, but also draw attention to what kind (...) of attitudes are exhibited today. Indeed, such behavior It continues in the same way in later periods as it did in the period of the Prophet. The person sent to the world for a test is responsible for fulfilling some obligations in this context. This is not a choice but a necessity. This is because man's being rewarded in the hereafter and living a more peaceful life in this world depend on this. Therefore, it is in his favor to fulfill his duty of servitude. For this reason, it is not morally correct to try to make others feel grateful for the behavior he fulfilled in accordance with the divine command. Because Allah is never in need of a servant's worship. There will always be people who will serve Him. It is the human being that is in need. Since everything he owns is at Allah's discretion, he needs Allah's help and support throughout his life, and even more so in the hereafter. The main goal of our study is to reveal opinions about how people should behave while fulfilling their servitude responsibility. In this context, the position of the creator and the issue of where the servant should stand against it will be explained. While the creator is at the highest position, man is only one of the things that he created. Of course, being given responsibility, unlike other beings, has increased the value of man in the sight of Allah. But this value is valid as long as he fulfills his servitude responsibility. Otherwise, he will descend to a lower level than all creatures. No matter how valuable a person is, he has to be aware of how helpless he is in front of his creator and that he is always in need of him. If he is not aware of this, the worship and good behavior he will perform will have no value in the sight of Allah. Because he could not behave in the way He wanted against the being he was responsible for. If he does this on purpose, of course, the price will be higher. The belief part of the issue is of greater importance. As a matter of fact, a person who appreciates Allah properly and knows His power well will need to determine his attitudes accordingly. In this context, knowing what the attributes of Allah mean and what the dimensions of these attributes are reflected in the servants will make the subject more understandable. Because the way to know Allah is to know His attributes. Another relevant issue is to show the necessary respect to the messengers sent by Allah, both in their lives and in the context of the knowledge they left behind. In this context, it will be necessary in our opinion to act with the knowledge that the hadiths that have reached us authentically are interpretations of the Qur'an. Because they are not people acting on their own, but chosen people who fulfill their duties according to Allah's orders. Therefore, disrespect to them will be considered as disrespect to God. It is seen that the Bedouins acted unconsciously on this issue that we are focusing on. These people who are new Muslims or claim to be Muslims. They had an extreme attitude towards the Prophet. This event did not occur once, but several times in similar ways. As we have just mentioned, their behavior will actually be considered disrespectful to Allah. It is known that they act with purely worldly motives. Because, instead of receiving good news, prayer and advice for the hereafter, they have revealed that they are after worldly interests in material terms. Verses on the subject have been revealed to set an example for people who will follow this attitude and show the same behavior in the future. In response to their behavior. It is admirable that the Prophet kept his calm and behaved tolerantly instead of responding to them in kind. Muslims living in later periods will also need to be more careful not to be exposed to the warning in the verse. (shrink)

Such questions that may it be essential, necessary, recommended, or free to believe in some matters will be addressed in the article. It is concluded that such an approach is possible for Māturīdis and Ash'arīs. In the study, it was thought that the following two problems should be solved first. The first problem is how can a definitive confirmation be made with speculative information (zannī). Second, if it is a contradiction that the ulema of the relevant school construct the subject (...) of belief with an āḥād report (khabar) even though they explain the true report as mutawātir in the works of Kalām? In the article, three different solutions are proposed for the first problem, and the second problem is tried to be solved with the proposition that tawātur is compulsory for the universal or essential subjects of theology. Then, by giving two examples for each decree (hukm), it was tried to determine what this idea means in practice. It has been determined that the main controversial issues between the Ahl al-sunnah and the Mu'tazila arise in the category of wājib to be believed. It has been determined that the scholars of the aforementioned sects fall into dispute among themselves in matters presented as sunnah to be believed. As a result, in terms of the principles set forth by the Ahl al-Sunnah, it has been deemed possible to implement ʾafʿālu al-mukallafīn (deeds of those obligated) to theological issues. (shrink)

Sûfîlik ve şiîlik günümüzde birbirlerinden ayrı iki düşünce sisteminin adı olsa da, Şîa’nın imam gördüğü şahsiyetlerle, sûfîlerin velî gördüğü bazı zâtların ortak olması, iki ekolün imâmete/velâyete benzer bir yaklaşım içerisinde bulunmalarını mümkün kılmaktadır. Bu doğrultuda sûfî ve şiîlerin bilgi açısından insanları sınıflandırma şekilleri incelendiğinde birbirlerine yakın görüşler ürettikleri ortaya çıkmaktadır. Her iki ekolün insan sınıflandırmasında avam, havas ve havasü’l-havas diyebileceğimiz üçlü sınıflandırma göze çarpmaktadır. Bu sınıflandırmanın epistemolojik açıda yapıldığı görülmektedir. Bu bağlamda bilgiye ulaşabilme noktasında havasü’l-havasın duyu ötesi bilgiye ulaşabilirliği benimsenirken, (...) diğer insanların standart bilgi kaynaklarının dışına çıkamayacağı kabul edilir. Havasü’l-havas teriminin sûfî düşüncede peygamberler ve velîleri, şiî düşüncede ise peygamberler ve imamları içine alması, bu iki düşünce sisteminin birbirlerine olan etkisi olarak düşünülebilir. (shrink)

In Justification without Awareness (2006), Michael Bergmann presents a dilemma for internalism from which he claims there is “no escape”: The awareness allegedly required for justification is either strong awareness, which involves conceiving of some justification-contributor as relevant to the truth of a belief, or weak awareness, which does not. Bergmann argues that the former leads to an infinite regress of justifiers, while the latter conflicts with the “clearest and most compelling” motivation for endorsing internalism, namely, that for a belief (...) to be justified its truth must not be an accident from the subject’s perspective. Bergmann’s dilemma might initially seem to have the force of a knock-down argument against the classical foundationalist accounts he considers, if not against all forms of internalism. I argue, however, that the weak-awareness horn of Bergmann’s dilemma is unsuccessful. Classical foundationalists can hold on to the main motivation for internalism and avoid a vicious regress of justifiers. (shrink)

In this article, I criticize Rawls’s well-ordered society for failing to secure a right to meaningful work. I critically discuss five technical Rawlsian ideas: self-respect, social union, the difference principle, the powers and prerogatives of office, and fair equality of opportunity. I then claim that radical restructuring of the workplace conflicts with Rawls’s individualistic understanding of freedom. Briefly drawing on Hegel, an under-recognized historical influence on Rawls, I then correct Rawls by arguing for a conception of freedom that is internally (...) related to broader solidaristic values associated with meaningful work. (shrink)

The American Journal of Bioethics, Volume 12, Issue 1, Page 13-15, January 2012.

According to foundationalism, some beliefs are justified but do not depend for their justification on any other beliefs. According to access internalism, a subject is justified in believing some proposition only if that subject is aware of or has access to some reason to think that the proposition is true or probable. In this paper I discusses a fundamental challenge to internalist foundationalism often referred to as the Sellarsian dilemma. I consider three attempts to respond to the dilemma – phenomenal (...) conservatism, BonJour’s classical foundationalism, and Fumerton’s classical foundationalism. I argue that, of these three, only the last seems to avoid getting impaled on one or the other horn of the dilemma. I end by responding to some concerns with Fumerton’s account. (shrink)

According to a recent wave of work by legal anti-positivists, legal norms are a subset of moral norms. This striking “one-system” view of law has rapidly become the dominant form of anti-positivism, but its implications have so far been little tested. This article argues that the one-system view leads systematically to untenable conclusions about what legal rights and obligations we have. For many clear legal norms, the view lacks the resources to explain the existence of corresponding moral norms. And its (...) criteria for distinguishing legal norms within morality imply an under- or over-inclusive set of legal norms. I stress the special difficulties that apply beyond obligations, in the case of privileges and powers, and I show that the view's problems do not only—or mainly—concern egregiously unjust law, or indeed morally defective law at all. I close with reflections on legal normativity and the prospects for different forms of anti-positivism. (shrink)

Organisations are increasingly involved in what they call ‘ethical dilemmas’, that is, the conditions under which wrongdoing and righteous deeds must be defined once again because the line between right and wrong has blurred more than ever. In general, human beings have special moral characteristics in the individual and personality dimension that shape their thoughts, speech and behaviour. It is possible that the same people in the same position and organisation could be affected differently, and their ideas, speech and behaviour (...) affect the efficiency and effectiveness of the organisation. Ethics can have positive or negative consequences at each organisational level. One of the effective factors on the occurrence of employees’ ethical behaviours is the role of spirituality in the work environment and humility of leaders. The purpose of this study is to investigate the effect of humility of Muslim leaders on the moral behaviours of followers and spirituality at work in Islamic society. The statistical population of the study was 370 Muslim employees of International Islamic University Malaysia. After distributing the questionnaires among the statistical population, 352 questionnaires were returned. The validity of the questionnaires was confirmed by the content validity method, and its reliability was confirmed by Cronbach’s alpha. In this research, the structural equation modeling approach and Amos software were used to analyse the data. All hypotheses were confirmed at a 95% significance level. The results showed that the humility of leaders has a positive and significant effect on spirituality in the workplace and work ethic of followers. Spirituality in the workplace has also a positive effect on employees’ work ethic.Contribution: It is recommended that the officials of organisations should pay attention to spirituality in the workplace and the humility of managers and supervisors towards employees in order to promote work ethics. Further, it can be concluded that organisations can increase the ethical behaviours of employees by promoting the components of organisational spirituality. (shrink)

The well-known perception of war-hungry Muslims who had the Qur’an on the one hand and sword on the other offering a choice of either accepting Islam or losing one’s head has easily been created in the literature by the Orientalist scholars. Today the stress on the Jihad controversy by mass media in Europe and America is important and needs to be corrected. That jihad has usually been translated by the Western media as “holy war” is a greatly misunderstood principle in (...) Islam. There is no term in Arabic which means, “holy war”. War is not “holy” in Islam. I would like to divide this study into two parts: In the first part, the issue of conquest and its religious, ideological and theoretical references will be dealt with in reference to basic Islamic sources and the previous Islamic state’s practices. In particular, what are the limits of warfare and the position of civilians in the wars and wartimes according to the Islamic law will be looked for. In the second part, as a typical Islamic state, to what extend Ottoman conquests in the Balkans followed and practiced the legal way that opened up by Islamic law will be analyzed according to the available chronicles. (shrink)

This article seeks to determine whether PT Freeport Indonesia, an operating subsidiary of Freeport-McMoRan Copper and Gold Inc., has acted in environmentally and socially responsible ways in the context of its operations in Papua, Indonesia, and how well it has responded to the legacy left by its less responsible operations from 1973 until the mid-1990s. This objective is achieved by examining the company's impact on the resources and assets with which it comes into contact as part of its operations, as (...) well as through a historical review of the province of Papua and its incorporation into Indonesia, Freeport's entry into Papua, and the company's engagement with international and Indonesian politics. (shrink)

The meta-problem is 'the problem of explaining why we think that there is a problem of consciousness' (Chalmers, 2018, p. 6). This presupposes that we think there is a problem in the first place. We challenge the breadth of this 'we', arguing that there is already sufficient empirical evidence to cast doubt on the claim. We then add to this body of evidence, presenting the results of a new cross-cultural study extending the work of Sytsma and Machery (2010).

el-Bâcî is one of the leading jurists and hadith scholars of the Malikis who lived in the tenth century. He contributed to the formation of Andalusian Malikism and was accepted as the leader of Andalusian Malikiism during his time. He came to the fore and was known for his hadithism and proceduralism. He is known for his works in the field of hadith and procedure. He played an important role in authentic hadiths reaching today and understanding Imam Malik's work named (...) al-Muwatta’. el-Bâcî wrote many works in the field of fiqh methodology. He introduced the method of fiqh in his works on methodology and systematically discussed the evidence on which his method is based. He is one of the rare methodologists who explains his fiqh proofs after giving them in a systematic way. The evidence on which it is based in that procedure; he examined it by dividing it into three parts: the original (el-asl), the reasoning of the original, and istishâbu'l-hâl.” He divided his primary evidence, which he expressed with the phrase “al-Asl”, into three parts: the book, the sunnah and the ijma. He divided the understanding of the original (el-asl) into four parts. İstishābul-hāli is discussed in a single part. Unlike the hierarchy of evidence established in the understanding of Islamic procedure, he evaluated qiyas in the part of reasoning about the original (el-asl). In addition to these evidences, el-Bâcî also included the evidence of seddü'z-zerâi' and istihsan; He accepted the istihsan as a weak evidence and the seddü'z-zerâi as confined to a limited area. In his works on procedure, el-Bâcî mentioned the sunnah among the primary evidence, which he called al-asl. He mentioned the dictionary meaning of sunnah and the meaning of the term according to hadith scholars and methodologists. He generally evaluated the sunnah by dividing it into three parts: actual, verbal and confirmation (takriri). He did not directly define the parts of the sunnah, but explained what he meant by the types of sunnah through summary information and some examples. He discussed following the Sunnah on the basis of power and obedience. Cited many verses as evidence in his works on procedure el-Bâcî argued that obedience to the Sunnah is in the same position as obedience to the Quran. He concluded that the sunnah, whose source is certain, ultimately turns into the Quran, and that although it comes after the Quran in the hierarchy of evidence, the sunnah is as effective as the Quran in determining the provisions. Therefore, el-Bâcî defended the view that the verses that command obedience to Allah also implicitly command obedience to the Prophet. He argued that, unlike the common view of the sunnah in the Islamic society, that there is reward in doing it and there is no sin in skipping it, the sunnah is close to the ruling of wajib, not the rule of mandub, and therefore the sunnah cannot be abandoned arbitrarily. He differed from the majority on this issue by accepting the view that the Sunnah abrogates the Quran in some matters. He also focused on the topic of news in order to accurately determine the position of the Sunnah. He evaluated the news as the source of the sunnah by dividing it into two parts: mutawatir and ahad khabar (news from one person). He used mutawatir not only as news that a large group of people transmitted from the Prophet from generation to generation, but also to express situations that were known by everyone and could not be denied. In his understanding of usul, mutawatir khabar conveys essential knowledge. He put forward three conditions for mutawatir to express essential knowledge: the narrator must be intelligent, he must necessarily have the knowledge of what is reported, and the narrators must reach a certain number. Ahad accepted the news as the narration of a single person and as evidence from which no knowledge can be derived. However, he discussed it from a broad perspective in terms of impact. In el-Bâcî's understanding of procedure, ahad khabar explains the summary of the Quran and mutawatir; it allocates the whole of the Quran. He examined the ahad khabar meticulously in order to determine the deed in general. According to whether it requires knowledge and action or not, ahad khabar is divided into two parts: ahad khabar, with which knowledge is formed, and ahad khabar, with which knowledge does not occur. Through whom knowledge was formed, listed six forms of ahad khabar. In order to accept the ahad, he generally took into consideration the narration's narration. He did not accept the Hanafis' principle of umumu'l-balwa. Also he did not mention the condition that ahad news should be in accordance with the practice of the people of Medina and preferred to remain silent on this issue. He claimed that ahad khabar could abrogate the Quran. He cited various examples of this actually happening. (shrink)

The purpose of this study is to shed light on a period of time in Ottoman history when conversion policies and practices, influenced by the changes of times and, resulted in unprecedented socio-political directions. In order to do that, some conversion cases from the Ottoman society in Salonica will be presented. Conversion to Islam is of central importance in explaining the rise of empire and its formation in many scholarly studies. It was usually presented as an official policy of Ottoman (...) administration throughout the centuries. The devshirme system and Sufi preaching were considered to be the major instruments of mass conversion to Islam.On the contrary, I propose to look at the conver- sion issue in the nineteenth century context from a different angle. (shrink)

a new era of public protest began in 1999 with the Seattle World Trade Organization (WTO) demonstrations, and continued through the 2011 Occupy Wall Street protests and the 2013 Gezi Park insurrection in Istanbul. This new era of demonstrations differed from movements that had come before in the understanding of politics employed by the protesters, reconstructing popular imaginations about the future, bringing about a reconsideration of politics, its domain, and time itself. This article investigates the Occupy Gezi movement that began (...) in Gezi Park and led to the occupation of Istanbul’s Taksim Square. I examine the events through Hannah Arendt’s analysis of the Hungarian Revolution. Arendt’s five criteria for evaluating the status of the Hungarian Revolution as a “true event” help shed light on the politics of Occupy Gezi (Arendt, “Totalitarian Imperialism” 5). In spite of the two movements’ similarly unprecedented, spontaneous, non-ideological, and un-hierarchical characters, the Gezi Park protests differed from the Hungarian Revolution in important ways. This is particularly true of the reaction of the protesters to the violence to which they were exposed. In refusing to react in kind to the state’s violence, the Gezi Park protesters created a new public domain for confronting the state. It is possible to consider this movement to have been an anti-violent rather than a non- or counter-violent resistance. Important political conclusions follow from this distinction. (shrink)

One of the critical crises observed in human society, especially in the so-called advanced and industrial societies, is the spiritual crisis. Spirituality in various types of cultural and religious concepts is considered a spiritual path one in which can achieve something like a high level of consciousness, wisdom or union with God. In addition, self-esteem is a sense of worth. This feeling comes from the sum of our thoughts, feelings, emotions and experiences throughout life. Dignity also means honour and pride, (...) which has been mentioned many times in the Qur'an. In contrast to dignity, there is humiliation, which means lack of dignity in which one simply accepts defeat. Religious teachings, especially Islamic teachings, do not summarise dignity as wealth, luxury and the enjoyment of material possibilities, but interprets dignity as spirituality, and liberation from the shackles of worldliness, which give Muslims a moral identity. The main purpose of this study is to investigate the mediating role of moral identity between spiritual intelligence and self-esteem of Muslims. The statistical population includes 834 Muslim employees working in 20 branches of one Iranian university. Necessary data were collected by standard questionnaires. Pearson's correlation coefficient and regression analysis in SPSS software (Statistical Package for the Social Sciences) were used to analyse the data. According to the results of the analysis, there is a positive relationship between spiritual intelligence and self-esteem of Muslims. There is also a positive relationship between moral identity and self-esteem. Furthermore, moral identity plays a mediating role in the relationship between spiritual intelligence and self-esteem, and it strengthens this relationship. CONTRIBUTION: The present study proves the mediating role of ethical identity on the relationship between spiritual intelligence and self-esteem in an Islamic society. (shrink)

İslam’da Ahlak ve Ahlak Ekolleri adlı bu eser önsöz ve iki bölümden müteşekkildir. Yazar bu eserinde insanın temel niteliği olarak ele aldığı ahlakın İslam dinindeki yeri ve önemini, süreç içerisinde oluşan ekolleri, bireysel ve toplumsal açıdan konumunu ve değerini ortaya koymaya çalışmaktadır. Hassaten İslam düşünce tarihindeki sufilerin ahlak görüşleri iktibas edilerek hazırlanan bu eser, bu alanda çalışmalar yapacak kimseler için ele aldığı konular açısından okunmaya değer bir yapıt olarak karşımıza çıkmaktadır.

The main evidence used in a matter of proving prophethood in Kalām is miracles. For this reason, other extraordinary situations that miraculously occur have always been on the agenda of theologians. Of these the most similar to miracle is karāma events that occur extraordinary in the hands of Walī. Karāma has been discussed on certain theoretical grounds in kalām books during the beginning period of Sunnī kalām. As in other theological debates, the leading adversaries of Sunnī theologians in the issue (...) of karāma were Muʿtazilite theologians. This study discusses approaches towards karāma in early period of Sunnī kalām. Accordingly, the scholars who determined the basic approaches of Ashʿariyya and Māturīdiyya kalām schools are included in the study. İmām al-Ashʿarī, Ibn Fūrak, al-Bāqillānī, ʿAbd al-Qāhir al-Baghdādī, Abu’l-Maʿālī İmām al-ḥaramayn al-Juwaynī, Abū ʿAbdallāh al-Ḥalīmī and Abū Isḥāq al-Isfarāyīnī from Ashʿarī school; Abū Manṣūr al-Māturīdī, Ḥakīm as-Samarqandī, Abū al-Yusr al-Bazdawī and Abū al-Muīn an-Nasafī from Māturīdiyya school, in this context, are included in the study. Besides, some authors from fields other than kalām are included in the scope of the study in order to determine the first use of the concept of karāma and different approaches are discussed. In the study, after the views of the theologians on the subject are presented descriptively, these views are critically assessed. (shrink)

This paper presents a new boosting algorithm called NormalBoost which is capable of classifying a multi-dimensional binary class dataset. It adaptively combines several weak classifiers to form a strong classifier. Unlike many boosting algorithms which have high computation and memory complexities, NormalBoost is capable of classification with low complexity. Since NormalBoost assumes the dataset to be continuous, it is also noise resistant because it only deals with the means and standard deviations of each dimension. Experiments conducted to evaluate its performance (...) shows that NormalBoost performs almost the same as AdaBoost in the classification rate. However, NormalBoost performs 189 times faster than AdaBoost and employs a very little amount of memory when a dataset of 2 million samples with 50 dimensions is invoked. (shrink)

The sociolinguistic turn of the 1960's has been remarkably successful: variability of language is no longer an issue open to debate. But studies of variation have by and large been restricted to the level of expression. This volume makes a contribution to a neglected area in sociolinguistics, namely variation at the level of meaning, i.e., semantic variation. The chapters in this volume discuss the results of an empirical research strongly supporting the view that systematic variation in the choice of semantic (...) elements occurs across different social strata: mothers and their young children less than four years old showed a highly consistent, statistically significant, orientation to distinct styles of meaning, which correlated with their social positioning. The comparison of kindergarten teachers' ways of meaning with those of mothers', not surprisingly, reveal that teacher talk is an exaggerated version of middle class mothers' talk. Findings of this research are relevant to any serious discourse about equitable education. (shrink)

The paper provides an overview of the evolution of Social Sciences with a focus on the Post-1945 period, known for major strides towards scientific, analytical, nonpartisan, multi-disciplinary and comprehensive study and research in different fields of Social Sciences. The paper discusses the gradual growth of Social Sciences in Pakistan in terms of increase in number of persons engaged in teaching, research and practice in various domains of Social Sciences, institutional facilities and availability of funds. There is a discussion of the (...) major features of the research work done in Social Sciences in Pakistan and its weaknesses and deficiencies. The paper argues that Social Sciences have become important for societies like Pakistan that face different types of social and political conflicts. The rise of religious extremism, violence and terrorism also requires that we benefit from the work done in different fields of Social Sciences for understanding the dynamics of societal trends, issues and conflict and how to address them. The paper also reviews teaching and research being done in Pakistani universities, especially since 2005, when more funds became available for study and research in Social Sciences. The universities have vastly expanded their Doctoral and M.Phil. porgrammes but the imperative of quality is often neglected. (shrink)