The objective of Working Group 4 of the COST Action NET4Age-Friendly is to examine existing policies, advocacy, and funding opportunities and to build up relations with policy makers and funding organisations. Also, to synthesize and improve existing knowledge and models to develop from effective business and evaluation models, as well as to guarantee quality and education, proper dissemination and ensure the future of the Action. The Working Group further aims to enable capacity building to improve interdisciplinary participation, to promote knowledge (...) exchange and to foster a cross-European interdisciplinary research capacity, to improve cooperation and co-creation with cross-sectors stakeholders and to introduce and educate students SHAFE implementation and sustainability. To enable the achievement of the objectives of Working Group 4, the Leader of the Working Group, the Chair and Vice-Chair, in close cooperation with the Science Communication Coordinator, developed a template to map the current state of SHAFE policies, funding opportunities and networking in the COST member countries of the Action. On invitation, the Working Group lead received contributions from 37 countries, in a total of 85 Action members. The contributions provide an overview of the diversity of SHAFE policies and opportunities in Europe and beyond. These were not edited or revised and are a result of the main areas of expertise and knowledge of the contributors; thus, gaps in areas or content are possible and these shall be further explored in the following works and reports of this WG. But this preliminary mapping is of huge importance to proceed with the WG activities. In the following chapters, an introduction on the need of SHAFE policies is presented, followed by a summary of the main approaches to be pursued for the next period of work. The deliverable finishes with the opportunities of capacity building, networking and funding that will be relevant to undertake within the frame of Working Group 4 and the total COST Action. The total of country contributions is presented in the annex of this deliverable. (shrink)

This article is an attempt to explore and explain the complex processes and mechanisms involved in creating myth signs as presented in Roland Barthes’ Mythologies (1957) through an interdisciplinary and an interdiscursive approach. The article presupposes that the mythic system of signification occupies a liminal space of a multiplicity of disciplines and discourses. The mythic sign integrates a myriad of epistemological spaces philosophical, scientific, and cultural. Therefore, this article wants to cross the borderlines between fields of knowledge to understand the (...) unique position of the mythic sign. We are going to use scientific discourse of virology to investigate the parasitic and viral nature of the mythic sign. Moreover, we investigate the role of the mythologist in exploring the signs that are infected by ideology and how to demystify their intentionality and artificiality. Finally, we are going to rely on quantum physics to investigate the superposition of the mythologist and the role this position plays in understanding the ambiguous and multidimensional nature of the mythic sign. (shrink)

Among various changing views on sex and gender, transsexualism, theoretically as well as clinically, raises a paradoxical issue: transsexual subjects seem to confirm something that they simultaneously disclaim or, at least, destabilize with their transition. These days psychoanalysis remains rather critical towards transsexualism. Jacques Lacan has developed several theories on sex and gender, reworking them during the course of his lifetime. That is why his work includes possibilities of understanding transsexual phenomena at the level of singular solutions that he himself, (...) especially with respect to some of his earlier cases, has not been able to formulate. (shrink)

Modern technology plays an important role in our daily lives. Many people use technology for their works, interactions, and special interests such as art. Art as a discipline, which expresses human emotion and creative side, takes a new form for its contextualization with the help of information technology. A neologism for this discipline is “digital art.” Some experts who employ a traditional value in their aesthetical perspective consider this new approach unlikely. Walter Benjamin, an eminent figure from this group, stated (...) that art must have an aura in its production as is the case in paintings. With this aura, the work of art and not artwork has uniqueness of value. However, the problem arises when information technology becomes a predominant tool for the work of art. Digital art does not consider the aura as the core value in defining something as a work of art. Furthermore, digital artists think that art can exist within a digital object and maintain its uniqueness. Parallel with the latter, this article will describe the dispute and make a clear statement that a work of art in the digital age does not require aura. (shrink)

COVID-19 caused nearly every college and university in the United States to rapidly shift to remote learning during the spring 2020 semester. While this impacted all students to different degrees, students with disabilities faced new challenges related to their mental health, the accessibility of their instruction, the receipt of accommodations, and their interactions with faculty and student support personnel. Literature is emerging that describes the experiences of SWD during the spring 2020 semester and the swift change to remote learning. However, (...) little is currently known about what followed for these students. The present study builds from a prior investigation of SWD during the spring 2020 semester and examines student experiences and perceptions during the 2020–2021 academic year. Eighty-eight SWD from colleges across the United States completed an instrument that contained a mix of demographic, yes/no, Likert scale and open-ended items. Responses revealed most items related to accessing services and instruction showed no improvement from the spring 2020 semester, and that items related to mental health, motivation to learn, and connections with peers were perceived as worse than in spring 2020. Open-ended responses revealed similar themes, with some students describing no improvements, and others noting that accessibility service offices and faculty provided enhanced methods of communication and support. Implications for practice and future research are presented. (shrink)

Gerontologists have proposed different concepts for ageing well such as ‘successful ageing’, ‘active ageing’, and ‘healthy ageing’. These conceptions are primarily focused on maintaining health and preventing disease. But they also raise the questions: what is a good life in old age and how can it be achieved? While medical in origin, these concepts and strategies for ageing well also contain ethical advice for individuals and societies on how to act regarding ageing and old age. This connection between gerontology and (...) ethics is overlooked by both schools of thought. We thus develop this research programme for a systematic geroethics in four steps. First, we analyze ‘successful ageing’ as put forward by Rowe and Kahn as a paradigmatic example of a gerontological conception of ageing well. Then, in a second step, we move from criticisms within gerontology to an ethical perspective; in particular, we want to clarify the problem of the claim of universal validity of conceptions of the good life. In a third constructive step, we explain how the ‘capabilities approach’ could be applied in this context as a normative foundation for the implicit normative assumptions of gerontological conceptions of ageing well, such as a particular choice of functionings, the ethical relevance of human agency, and the resulting claims of individuals towards society. Finally, using a concept developed by the German philosopher Ursula Wolf, we systematically develop the different aspects of the connection between ageing well and the theory of the good life in their full complexity and show their interconnectedness. (shrink)

University students from Bulgaria, Estonia, Finland, and Portugal were given a list of morally relevant behaviors, the Schwartz Value Survey and Tangney’s TOSCA, measuring empathic guilt, guilt over norm-breaking, and shame. A factor analysis of MRB yielded 4 dimensions: prosocial behaviors, interpersonal transgressions, antisocial behaviors and secret transgressions. Prosocial behaviors were predicted by self-transcendence–self-enhancement value contrast only while the three transgression categories were associated with both SET and openness to change–conservation contrast. Norm-breaking guilt was more strongly associated with behaviors than (...) were empathic guilt and shame. However, shame was associated with secret transgressions in three countries, after controlling for values. The associations were strongest in Bulgaria and Estonia while fewer associations were found in Finland and Portugal. The implications of the findings for the cross-cultural psychology of morality are discussed. (shrink)

Unfounded—conspiracy and health—beliefs about COVID-19 have accompanied the pandemic worldwide. Here, we examined cross-nationally the structure and correlates of these beliefs with an 8-item scale, using a multigroup confirmatory factor analysis. We obtained a two-factor model of unfounded (conspiracy and health) beliefs with good internal structure (average CFI = 0.98, RMSEA = 0.05, SRMR = 0.04), but a high correlation between the two factors (average latent factor correlation = 0.57). This model was replicable across 50 countries (total N = 13,579), (...) as evidenced by metric invariance between countries (CFI = 0.96, RMSEA = 0.06, SRMS = 0.07) as well as scalar invariance across genders (CFI = 0.98, RMSEA = 0.04, SRMS = 0.03) and educational levels (CFI = 0.98, RMSEA = 0.04, SRMS = 0.03). Also, lower levels of education, more fear of COVID-19, and more cynicism were weakly associated with stronger conspiracy and health beliefs. The study contributes to knowledge about the structure of unfounded beliefs, and reveals the potential relevance of affective (i.e., fear of COVID-19) and cognitive (i.e., cynicism) factors along with demographics, in endorsing such beliefs. In summary, we obtained cross-cultural evidence for the distinctiveness of unfounded conspiracy and health beliefs about COVID-19 in terms of their structure and correlates. (shrink)

This study aimed to investigate the role of religious and cultural education in solving radicalism conflicts that occurred in the Sibolga community in Indonesia. The method used in this research was qualitative with the type of grounded research. This study involved educational stakeholders and traditional as well as cultural leaders as informants in collecting data. These informants were chosen by using a purposive sampling technique. The data obtained in this study were qualitative data that were analysed descriptively by applying the (...) data triangulation technique. This study’s results indicated that two elements were used as steps to resolve the radicalism conflict that occurred in the Sibolga community in Indonesia. The two elements were educational elements and cultural elements. The educational element played a role in building the students’ character and creating tolerance among religious communities to maintain unity and integrity among citizens. Cultural elements acted as controllers of differences in society with all customs that were binding in society. Contribution: This article contributes to the completion of solutions for the many perpetrators of religious radicalism involving students. The role of religious and cultural education as a resolution of radicalism conflicts. In fact, the conflict resolution steps taken through these two elements had been successfully implemented in the Sibolga community, Indonesia, as one of the areas affected by radicalism. (shrink)

Background: Post-mortem needle biopsies have been used in resource-poor settings to determine cause of death and there is interest in using them in Bangladesh. However, we did not know how families and communities would perceive this procedure or how they would decide whether or not to consent to a post-mortem needle biopsy. The goal of this study was to better understand family and community concerns and decision-making about post-mortem needle biopsies in this low-income, predominantly Muslim country in order to design (...) an informed consent process. Methods: We conducted 16 group discussions with family members of persons who died during an outbreak of Nipah virus illness during 2004-2008 and 11 key informant interviews with their community and religious leaders. Qualitative researchers first described the post-mortem needle biopsy procedure and asked participants whether they would have agreed to this procedure during the outbreak. Researchers probed participants about the circumstances under which the procedure would be acceptable, if any, their concerns about the procedure, and how they would decide whether or not to consent to the procedure. Results: Overall, most participants agreed that post-mortem needle biopsies would be acceptable in some situations, particularly if they benefitted society. This procedure was deemed more acceptable than full autopsy because it would not require major delays in burial or remove organs, and did not require cutting or stitching of the body. It could be performed before the ritual bathing of the body in either the community or hospital setting. However, before consent would be granted for such a procedure, the research team must gain the trust of the family and community which could be difficult. Although consent may only be provided by the guardians of the body, decisions about consent for the procedure would involve extended family and community and religious leaders. Conclusions: The possible acceptability of this procedure during outbreaks represents an important opportunity to better characterize cause of death in Bangladesh which could lead to improved public health interventions to prevent these deaths. Obstacles for research teams will include engaging all major stakeholders in decision-making and quickly building a trusting relationship with the family and community, which will be difficult given the short window of time prior to the ritual bathing of the body. (shrink)

Background: There is evidence that household point-of-use water treatment products can reduce the enormous burden of water-borne illness. Nevertheless, adoption among the global poor is very low, and little evidence exists on why. Methods: We gave 600 households in poor communities in Dhaka, Bangladesh randomly-ordered two-month free trials of four water treatment products: dilute liquid chlorine, sodium dichloroisocyanurate tablets, a combined flocculant-disinfectant powdered mixture, and a silver-coated ceramic siphon filter. Consumers also received education on the dangers of untreated drinking water. (...) We measured which products consumers used with self-reports, observation, and chlorine tests. We also measured drinking water's contamination with E. coli. Findings: Households reported highest usage of the filter, although no product had even 30% usage. E. coli concentrations in stored drinking water were generally lowest when households had Water Guard. Households that self-reported product usage had large reductions in E. coli concentrations with any product as compared to controls. Conclusion: Traditional arguments for the low adoption of POU products focus on affordability, consumers' lack of information about germs and the dangers of unsafe water, and specific products not meshing with a household's preferences. In this study we provided free trials, repeated informational messages explaining the dangers of untreated water, and a variety of product designs. The low usage of all products despite such efforts makes clear that important barriers exist beyond cost, information, and variation among these four product designs. Without a better understanding of the choices and aspirations of the target end-users, household-based water treatment is unlikely to reduce morbidity and mortality substantially in urban Bangladesh and similar populations. © 2011 Luoto et al. (shrink)

Der Kadi und seine Zeugen: Studie der mamlukischen Ḥaram-Dokumente aus Jerusalem. By Christian Müller. Abhandlungen für die Kunde des Morgenlandes, vol. 85. Wiesbaden: Harrassowitz, 2013. Pp x + 647. €79.

İslam düşüncesinde dillerin ortaya çıkışı konusu, dilbilimsel çalışma ve tartışmaların büyük bir bölümünü oluşturmuştur. Bu tartışmalarda en büyük pay usul ve kelâm âlimlerine aittir. Müslümanlar, dillerin ortaya çıkmasıyla ilgili iki teori öne sürmüşlerdir: Birincisi, tevkîf teorisidir. Buna göre dil ilahi bir mevhibe olup insana Allah tarafından öğretilmiştir. Çok kadim olan bu teori Yunan filozofları tarafından da savunulmuştur. İkinci teori ise tevfîk teorisidir. Bu teorinin sahipleri dilin toplumsal uzlaşı ile doğduğunu öngörürler. Bu teoriyi savunanların çoğu, delillerini aklî temele dayandıran Muʻtezile’ye mensup (...) olup metinleri kendi görüşlerine uygun bir şekilde yorumlamışlardır. Bazı âlimler ise bu iki teoriyi uzlaştırmaya çalışmışlardır. Buna göre Cenâb-ı Hak, insana kavram üretme yeteneği vermiş ve bunun için uygun mekanizmalar bahşetmiştir. Fakat yine de dilin ilk kökeninin tevkîfî olması gerekir ki sonradan insan dili gelişim gösterebilsin. Kādî Abdülcebbâr bu konuda farklı bir görüş ortaya atar. Ona göre ilk dil tevkîfî olamaz tam aksine Allah'ın hitabını anlamamız için tevfîkî olması gerekir. Allah'ın insana anladığı bir dille hitap etmesi gerektiği deliline istinaden, Kādî Abdülcebbâr bu teoriyi savunmuştur. Yukarıdaki tartışma dilin ilk kökeni ile ilgilidir. İlk dilden sonra gelen dillere gelince, Kādî Abdülcebbâr onların çıkışı hakkında kesin bir şey söylemez. Yani hem tevkîfî olabilir hem de tevfîkî olma ihtimali mevcuttur. Bu iki ihtimalin hiçbirini destekleyecek bir delil yoktur. Kādî Abdülcebbâr, Allah'ın iradesini anlamak için öngördüğü bu durumun nasıl olması gerektiğini bir örnekle açıklıyor. O, öncelikle bir kelimenin bir lafzı ifade-işaret etmesi gerektiğini ve bunun da mutlaka belli bir maksat için konulmuş olması gerektiğini savunur. İsim, konulduğu şeye niyete bir gayeye uygun olarak işaret etmelidir. Modern dilbilimde ise, yukarıdaki iki teori haricinde birkaç teori daha ortaya atılmıştır. Modern dilbilim kitaplarında büyük yer tutan ve on sekizinci yüzyılın sonunda ortaya çıkan ilk dilin kökeni teorisi; dilin insan türünün özel bir içgüdüsünden kaynaklandığını belirten ve onun doğuştan geldiğini savunan teoridir. Yani insanda, her duyusal ve ahlaki algısını bir kelime ile ifade etmesini sağlayan bir fıtratı vardır. Modern teorilerden biri de, kelimelerin ilk oluşumunun insanın duyduğu doğal sesleri taklit etmesiyle ortaya çıktığını ve bu seslerin kaynağının onlardan isimler türetmeye yönelttiğini savunan taklit teorisidir. Bu çalışmada Kādî Abdülcebbâr’ın dilin kökenine dair özgün teorisi ve teorisini desteklemek için ortaya koyduğu akli deliller ele alınmaktadır. (shrink)

Understanding the developments in the early period when Ṣūfism became widespread in the Islamic society, both necessitates studies on other disciplines from Ṣūfism, and also requires the consideration of Ṣūfism from the perspective of other religious sciences. In this regard, one of the important names is the famous Ḥanbalī scholar Abū Yaʿlā al-Farrā. Abū Yaʿlā al-Farrā who was interested in ḥadīth, Islamic law and tafsīr as well as Ṣūfism and theological issues, has an important place especially with his works in (...) the Ḥanbalī tradition. Abū Yaʿlā, who grew up in a period when the Sunnī theology schools were formed, spread and exercised its influence, he maintained the Ḥanbalī viewpoint and criticized both some schools of kalām and the Ṣūfis by using the kalām method. Therefore, analyzing his views is important for understanding the formative conditions of the first period of religious science tradition, as well as giving clues about the relationship between Ṣūfism and Ḥanbalī tradition. In this article, his views of zuhd, tawakkul and Ṣūfism in general is examined in the context of his works Kitāb al-Muʿtamad fī uṣūl al-dīn and Kitāb al-tawakkul, and his importance in understanding the relationship between Ṣūfism and Ḥanbalī tradition is emphasized. (shrink)

Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques—of (...) which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy. (shrink)

Özet Şii-İmamiyye’nin usûlde Mu’tezilenin etkisinde kaldığı iddiaları, hicri dördüncü asırdan itibaren dile getirilmektedir. Buna karşılık usûlî düşüncenin ilk mümessili sayılan Şeyh Müfîd’den itibaren mezhep içinden yükselen sesler bu iddiaları şiddetle reddetmişlerdir. Biz bu çalışmada Mu’tezile kelamına sistematik hüviyet kazandıran ve yazdığı eserlerle Mu’tezile kelamının bugüne ulaşmasında büyük pay sahibi olan Kâdî Abdülcebbâr ile İmamiyye’nin kelam düşüncesinin istikrar bulmasında ve Şeyh Müfîd’le başlatılan usûlî yaklaşımın benimsenip yaygınlaşmasında büyük bir yeri olan Ebû Ca’fer et-Tûsî arasında adalet ilkesi üzerinden bir karşılaştırma yaparak, söz (...) konusu iddiaların ne kadar sübut bulduğunu tespit etmeye çalıştık. Kısmi farklı izahları bir kenara bırakırsak, adalet ilkesinin ispat ve yorumlanmasında iki kelamcı arasında kayda değer bir farklılığın olmadığı görülmektedir. Abstract The claim that the Shi’i Imamite thought is heavily influenced by the Mu’tazilite outlook has been alleged since the fouth century of hijra. However, beginning with Shaikh Mufid, the first representative of the Usuli branch of Shi’a, the Shi’is vehemently denied this allegation. In this article, this issue is dealt with by making a comparison between the idea of Qadi Abd al-Jabbar, the prominent Mu’tazilite scholar who made a major contribution to the consolidation of the schools’ theaching and that of al-Tusi, who also made a contrubitued to the integration of the Shi’ite kalam and the spreading of the usuli approach initiated by Shaikh Mufid. Leaving aside the differences in deatil, it seems that there is no noteworthy difference between their approcah to the issue of justice. Key Words: Qâdî Abd al-Jabbâr, Abû Ja’far al-Tûsî, Husn-Qubh, Divine Justice, Free Will. (shrink)

Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al-Ta‘līḳa is his famous work, which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning), taqlīd (acting upon the word of another without asking for specific proof), ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and detailed (...) works of uṣūl al-fiqh (Islamic legal theory) that belonged to the Khurāsān Shāfi‘ī School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about uṣūl al-fiqh and formed the basis of this period is essential to follow the development of uṣūl al-fiqh of the Khurāsān Shāfi‘ī School. Transfer of the uṣūl al-fiqh in al-Qāḍī Ḥusayn al-Marwarrūdhī’s al-Ta‘līḳa make it possible to determine the literatüre, which was formed in Khurāsān region in the period from the death of Shāfi‘ī to the first half of the V./XI. century until the first half of the Khurāsān region, which allows the determination of the uṣūl al-fiqh. In this study, on the basis of ijmā‘, al-Qāḍî Ḥusayn al-Marwarrūdhī’s method in al-Ta‘līḳa will be examined.Summary: Al-Qāḍī Ḥusayn al-Marwarrūdhī is considered to be one of the most important representatives of the Khurāsān Shāfi‘ī School. In addition to receiving fiqh education from al-Qaffāl al-Marwazī, who is accepted as the founder of the Khurāsān Shāfi‘ī School in Shāfiʿī fiqh circles. Al-Qāḍī Ḥusayn, one of the most distinguished students of al-Qaffāl al-Marwazī, has become one of the important bearers of the fiqh heritage of Khurāsān Shāfi‘ī School. The fact that the epithet “el-kāḍî” is used in the works of Khurāsān Shāfi‘ī School to absolutely refer to al-Qāḍî Ḥusayn, is another issue that shows his being authority on fiqh. Al-Qāḍī Ḥusayn al-Marwarrūdhī has accomplished many works in the field of fiqh. The most famous and most important work of al-Qāḍī Ḥusayn is the al-Ta‘lîḳa, written according to the Mukḫtaṣar arrangement style of al-Muzanī. He is often cited as the author of the well-known work al-Ta‘lîḳa in the sect. Al-Ta‘lîḳa, commonly cited in fiqh studies to refer to the views of al-Qāḍī Ḥusayn, is one of the first commentary on Mukḫtaṣar by Muzanī. With these characteristics, al-Ta‘lîḳa is one of the outstanding manuscripts for exploring the fiqh legacy of the Khurāsān Shāfi‘ī School. Another important feature of this text is that uṣūl al-fiqh issues such as ijtihād, taqlīd, ijmā‘ and view’s of the companions of the Prophet (qawl al-ṣaḥābah) have been covered in the introduction of the work. Al-Qāḍī Ḥusayn discusses the issues of evidentiality and types of ijmā‘ and ijmā‘ of ṣaḥābah in the chapter on ijmā‘ in al-Ta‘lîḳa. Al-Qāḍī Ḥusayn also handles the debates on view’s of the companions of the Prophet in the section on ijmā‘ of ṣaḥābah. It is also seen that the proofs proposed for evidentiality of ijmā since Shāfiʿī’s period became more versatile and differed. The fact that the arguments al-Qāḍī Ḥusayn cites in the chapter of the evidences of ijmā‘ were also mentioned by his contemporary, al-Māwardī, an Iraqi Shāfiʿī jurist, points out the accumulation of knowledge in terms of proofs of ijmā. Al-Qāḍī Ḥusayn makes two related distinctions that are fundamentally related to the types of ijmā. The first is the division between ijmā supporters, those who argue for knowability of ijmā, and their opponents. According to this, ijmā is divided into two parts as ‘āmm (general public) ijmā‘ and khāṣṣ (scholars) ijmā‘. Opposition to ‘āmm ijmā‘, such as fardhs (obligations) in prayer, rawātib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qāḍî Ḥusayn, who considers issues such as ‘awl (a sharing method in Islamic inheritance law), mut‘a marriage (a type of temporary marriage) and riba’l-faḍl (interest in exchange or sale transactions) which are seen as controversial ijmā‘ issues in literature, as khāṣṣ ijmā‘ and evaluates opposition to this type of ijmā‘ as fisq (impiety). The second division al-Qāḍī Ḥusayn makes is between ijmā‘ based on the text and apparent comparison, and the ijmā‘ based on hidden comparison. Al-Qāḍī Ḥusayn thinks that the opposition to ijmā‘ that is based on ijtihād or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijmā‘ as a provision on an equal basis and to reduce the distinctions of ijmā‘ to literary level. Al-Qāḍī Ḥusayn also discusses evidentiality of qawl al-ṣaḥābah in connection with the issues of ijmā‘. Al-Qāḍī Ḥusayn opposes the thesis that ijmā‘ is only limited to companions’ era and argues that it can be realized in any century after the Prophet. Al-Qāḍī Ḥusayn, who discusses ṣaḥābah’s ijmā‘ under two categories: the views of ṣaḥābah that have gained prevalence among other ṣaḥābahs and those that have not gained prevalence among other companions, argues for evidentiality of qawl al-ṣaḥābah, which have gained prevalence and known not to be opposed. He provides significant information on ijmā‘ discussion in Shāfi‘ī fiqh methods with regard to the evidentiality of this type of qawl al-ṣaḥābah, which is referred ijmā‘ al-suqūtī (consensus based on lack of opposition-silence). The knowledge al-Qāḍī Ḥusayn cites with regard to the evidentiality of qawl al-ṣaḥābah which have not gained prevalence among other ṣaḥābahs differs from Māwardī, one of his contemporary, and his predecessors. The fact that he cites Shāfi‘ī’s previous and latest views with regard to the state of such qawl al-ṣaḥābah in the face of qiyās (legal analogy) enables him to make comparison using uṣūl material available in his era. Al-Qāḍī Ḥusayn, who mentions debatable issues among ṣaḥābah, makes controversial narrations. While al-Qāḍī Ḥusayn reports that there is not any conflict on the argument that it is legitimate to express a third view with regard to issues on which ṣaḥābah is divided in two groups and fall into conflict, his contemporary al-Māwardī and other Shāfi‘ī jurists report that it is not legitimate to propose a third view on such an issue as there is ijmā‘ on these issues. (shrink)

İnsanlar sahip oldukları bilginin bir kısmını akıl ve duyu organları vasıtasıyla elde ederken diğer bir kısmını da haber vasıtasıyla elde etmektedir. Geçmişte meydana gelen olaylar, yaşamış şahsiyetler, görmediğimiz uzak memleketler hakkında bilgi elde etmemizi sağlayan yegâne kaynak haberdir. Dolayısıyla müşahedeye dayanmayan ve düşünce yoluyla elde edilmeyen bütün bilgilerin kaynağı “haber”dir. Haberler içerisinde kesin bilgi ifade eden kısım ise mütevâtirdir.Hicri 4. asırda haberle ilgili tartışmaları ayrıntısıyla ele alıp eserlerinde bunu derli toplu bir nazariyye şekline işleyen alimlerden biri de akli istidlâle önem (...) vermesiyle ön plana çıkan Mu’tezile mezhebine mensup olan Kâdî Abdülcebbâr’dır (ö. 415/1025). O, haber ve haberin bilgi değeri konusunda eserlerinde müstakil başlıklar açmış ve bu konudaki görüşlerini çeşitli şekillerde temellendirmiş, haberi bilgi kaynağı olarak kabul etmeyen Sümeniyye ve nübüvvet müessesesini kabul etmeyen Berâhime’ye karşı akli ve nakli istidlâl metotlarını kullanarak İslam’ın temel kaynakları olan Kur’ân, Sünnet ve icmâ‘ın savunuculuğunu yapmıştır. Bu çalışmada Kâdî Abdülcebbâr’ın mütevâtir nazariyesi üzerinde durulmuştur. Onun görüşleri tespit edilirken ansiklopedik bir hüvviyete sahip el-Muğnî adlı eseri esas alınmıştır. Kâdî, hem haberi bilgi kaynağı olarak görmeyenlerle mücadele etmek hem de İslam’ın temel kaynaklarını temellendirmek üzere Mütevâtir haberi rasyonel bir zemine oturtmaya çalışmıştır. Bunun için de insanlar nezdinde itibar gören, geçerli olan, daha nesnel ve rasyonel bir hüviyete sahip âdetullahı veya tabiat kanunları anlamına gelen “el-âde” kavramını kullanmıştır. Anahtar Kelimeler: Kelam, Mutezile, mütevâtir haber, Kâdî Abdülcebbâr, Zarûrî Bilgi, el-âde.AbstractHumans obtain some of their knowledge through the organs of the mind and senses, and the other through khabars. t is the only source news that enables us to obtain information about past events, personalities and distant countries we have not seen. Therefore, the source of all information that is not based on observation and mutawatir khabars. The part that expresses certain information in the news is mutawatir.One of the scholars who discussed the details of the news in the Hijri 4th century and took a detailed view of it in his works is Qādi Abd al-Jabbar (415/1025). He has opened independent titles in his works on the value of news and knowledge of the news, and has based his views on this subject in various ways, using the methods of Islam as the basic sources of Islam, using the methods of intelligence and transportation against the Sumenians who do not accept the news as a source of information and Berahime who do not accept the prophethood of the prophethood. He was the advocate of ân, Sunnah and icma.In this study, the modest theory of Qādi Abd al-Jabbar is emphasized. His views were based on his work, al-Mughni, which had an encyclopedic identity. Qâdi, tried to put the modest news on a rational basis both in order to combat those who do not see the news as a source of information and to base the basic sources of Islam. For this, he used the concept of “al-ade, which means det the rule of law det or law of nature which is respected by people, has a more objective and rational identity.Keywords: Kalam, Mutezile, mutawatir khabar, Qādi Abd al-Jabbar, accurate information, el-âde. (shrink)

In this study, Qāḍī Abd al-Jābbār’s views on knowing Allah (ma‘rifatullah) and following issues have been analysed. In this context, either the divine message has reached to a person or not, it is examined whether ma‘rifatullah is obligatory (wajib) upon him. Subsequently, it is discussed whether this obligation is ensured by reasoning (‘aql) or revelation (naql). Furthermore, while keeping in mind the role of intellect (nazar) and argumentation (istidlāl), we have established and evaluated religious state and source of nazar and (...) istidlāl. Also, we discussed to what extend God can be the subject of knowledge and from which aspects He can be known. Besides, we discussed whether ma‘rifatullah is an obligation and if not what its justification is. In addition, we examined whether imitative knowledge (taqlīd) is possible in the case of ma‘rifatullah or not and whether it’s sufficient to know God just by taqlīd without the reasoning at all. Finally, Qāḍī Abd al-Jābbār’s opinions on the religious situation of people to whom the divine revelation did not reach at all and so they lack of knowledge on God. (shrink)

t. 1. Lubi︠a︡nka-Ėkibastuz ; Sozidateli i razrushiteli -- t. 2. Teorii︠a︡ gustot : opyt khristianskoĭ filosofii kont︠s︡a XX veka ; Mekhanika na kvantovom urovne -- t. 3. K teorii gustot ; Postulaty marksizma i zakony prirody ; Pustota bezbozhii︠a︡ ; Politėkonomii︠a︡ na ėnergeticheskoĭ osnove ; Derzhava sozidateleĭ ; K edinenii︠u︡ khristian -- t. 4. Mysli o raznom ; Solzhenit︠s︡yn i deĭstvitelʹnostʹ ; Statʹi v zapadnoĭ presse.

t. 1. Lubi︠a︡nka-Ėkibastuz ; Sozidateli i razrushiteli -- t. 2. Teorii︠a︡ gustot : opyt khristianskoĭ filosofii kont︠s︡a XX veka ; Mekhanika na kvantovom urovne -- t. 3. K teorii gustot ; Postulaty marksizma i zakony prirody ; Pustota bezbozhii︠a︡ ; Politėkonomii︠a︡ na ėnergeticheskoĭ osnove ; Derzhava sozidateleĭ ; K edinenii︠u︡ khristian -- t. 4. Mysli o raznom ; Solzhenit︠s︡yn i deĭstvitelʹnostʹ ; Statʹi v zapadnoĭ presse.

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs (...) of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights. (shrink)

Prophets are messengers in charge of communicating the orders and prohibitions they received from God. Throughout history, there are those who believe in these prophets as well as those who do not. While the thought rejecting prophethood sometimes manifested itself as a trend, sometimes it came out on a personal basis. For example, the "Berâhime", known to be of Indian origin, and the "Sümeniyya" movement, which has different rumors about its origin, can be given as examples. Again, it can be (...) said that the current of thought emerging under the name of “Deism” serves this purpose. On the other hand, personalities such as Abu Isa al-Verrâq, Ibn al-Rawendi and Abu Bakr ar-Razi, It is known that they objected to the prophethood of the Prophet. Although Ibn al-Rawendi was a scholar of Mu'tezile at first, he later left this idea and put forward mulhidish ideas. In addition to he tried to cancel the Hz Mohammed's prophethood. While Ibn al-Rawendi was doing this, sometimes he emphasized the miracles of the Prophet and sometimes claimed that there were some deficiencies and contradictions in the rhetoric of the Quran. According to Ibn al-Rawendi, there are many contradictory information in the Quran. According to him, unnecessary repetitions, unnecessary prolongation of the word in some places and the presence of non-Arabic origin words show that the Quran is not a miracle book and cannot be described as universal. Qâdî Abdulcabbâr, one of the scholars of Mu'tezile, handled these objections with great care and answered them. The number of such discussions in Kalam sources is quite high. For example, there are such polemics in Imam Mâturîdî's Kitâbü't-Tevhîd and in Bâkillânî's Kitâbü't-Temhîd. In this study, the discussion in the 16th volume of al-Muğnî of Qadi Abdulcabbâr will be discussed. In the aforementioned discussion, Qadı Abdulcabbâr firstly stated Ibn al-Rawendi's objection to the Qur'an, and then duly eliminated this objection. The most striking point here is that Ibn al-Rawendi ignored the features of the Arabic language, the integrity of the Quran and that it has a purpose while making these criticisms. For this reason, while presenting the criticisms, he severed the verses from their contexts, did not consider the before and after, and therefore did not understand or understand the message correctly. On the other hand, Qadı Abdulcabbâr gave convincing answers by linking the criticized verses with their contexts and revealing the real meaning. (shrink)