In this study, the tahrîj method, which is used in answering contemporary Fiqh issues throughout the history of Fiqh, will be described and some sample fatwas given by the High Board of Religious Affairs based on this method will be analysed. Tahrîj is firstly to define the procedural and legal principles on which the singular views of a madhhab imam is based on, and then to determine the verdict of the issues in which an opinion from that imam (...) is not conveyed, according to the rules reached. Firstly the High Board of Religious Affairs will be introduced briefly highlighting issues such the effort put forward by the Board in the answering current fiqh issues, its contributions to the unity of fatwa and that it is a continuation of the Islamic Meşîhat-ı İslamiyye in the Ottoman Empire. Tahrîj, will be defined and its types, history, and its role in the development of fiqh and in solving current fiqh issues will be explained. Among the issues resolved by the High Board of Religious Affairs by applying the Tahrîj method or by making use of this method; commercial insurance, organ transplantation, gold-based lease certificate and the effect of injection/vaccine on fasting will be analysed. Given these exemplary fatwas, it will be tried to show that the method of Tahrîj is important today as it was in the past, both in terms of maintaining the consistency of fiqh and its contribution to the development of fiqh. (shrink)

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

The 19th century constitutes the most unsteady period of the Ottoman Empire on the basis of military, political and scientific senses. Although not as much as in previous centuries, respected scholars and mystics continued to be upbrought in this century. Muhammed Tevfîk Bosnevî Efendi (1866) is one of the leading scholar mystics who upbrought in the Ottoman science and wisdom climate in the aforementioned period. After he was promoted to the caliphate post in eleven sects carrying out active guidance activities (...) in Istanbul, he consented to become a devout disciple of the famous Halwati-Shabani Sheikh of the time, Kuşadalı İbrahim Efendi, and received his ijazah by completing the entire course of mystical training under his supervision. Upon the death of his sheikh, he took the position of guidance and assumed the duty of guidance for twenty years. He also adopted the understanding of ignoring the cult rituals such as the crown, cardigan, and fleece, which were the most distinctive qualities of his sheikh, and disregarded such images throughout his life. He has a deep knowledge of Islamic sciences such as fiqh, tafsir, hadith and kalam, as can be understood from the works that were written by his students in the lesson circles called Council [Majlis]. In this study, which examines the work named "Tefsîru ve'd-Duhâ li'l-Hammâmî", his hermeneutics method is discussed. At the end of the study, it is understood that he explained the Qur'an in the light of the Qur'an, hadith-i sharifs, and the words of the Companions. It is also clear that in order to consolidate the subjects, he included legends from the life of our Prophet Muhammed, Companions and Saints (Awliya). Although he interprets words, it is observed that his main priority is not words but their meaning, he focuses on verses’ messages and aimed to deliver them to the addressee. It has been determined that he preferred the explanations of the past scholars rather than interpreting the verses personally, and he referred to both the first period hermeneutics works written in Arabic and the ones written by the Ottoman scholars. (shrink)

Every science examines the personal accidents of the subject, which it determines as its subject, and the sciences differ from each other in this aspect. However, sciences offer the principles that they prove themselves through the use of other sciences. Sciences take and use the principles of other sciences that they will need, but they do not have to prove these principles in themselves. On the contrary, they entrust this proof to the sciences from which they took their principles. While (...) examining the sources of fiqh and the method of making judgments from these sources, the method of fiqh uses the principles set forth in other sciences in the problems it encounters. One of the sciences in which the method of fiqh takes principles is kalām. Actually, the science of kalām provides principles to all other sciences with the conception of God and the world it reveals. One of these principles is the indeterminist understanding of the world, in other words, the theory of ʽādah (custom). The theory of custom, produced in the tradition of Ahl al-Sunnah Kalām, is a theory that cancels causality and makes all effects in the world peculiar to Allah. According to this theory, Allah operates the universe according to the laws of physics, which are named custom. However, this theory makes it possible for Allah, if He wills, to do extraordinary acts that are described as humanly extraordinary. Since the Fiqh and its Methodology, which is assisted by the science of kalām, is a science that is expected to judge according to the apparent, it seems to be contrary to his identity to make judgments by using the possibilities of the theory of custom. However, like the situation of a person who becomes a Muslim at the last moment of prayer, sometimes things get so tight that it becomes very difficult to judge according to outward appearance. Well, did the methodists look at the outward appearance and decide that this person is not responsible for the prayer of the aforementioned time, or did they come to a different conclusion by using the possibilities of the theory of custom. (shrink)

al-Zarkashī, an ethnic Turk, is an important hadith, fiqh and commentary scholar who lived during the Mamlūks period. He was taught by some of the leading scholars of his era, such as Alā al-Dīn Mughultay (d. 762/1360), Imād al-Dīn Ibn Kashīr (d. 774/1372) ve Jamal al-Dīn al-Asnawī (d. 772/1370), and he grew up under their mentorship. Nevertheless, his only well-known student is Birmāvī (d. 831/1428). Almost half of his works have been related to fiqh and methodology of fiqh, and he (...) has also written some important works in the field of hadith. Among these, especially al-Tadhkira, al-Nukat alā Ibn al-Salāh, al-Nukat alā al-Umda fī al-Ahkām ve al-Icāba are worthy of mention. The work named al-Tadhkira, which we built our work upon, is the first known work to have been preserved in the field. Due to his being a first in his field, he was vastly studied as to how he evaluated the narrations and what kind of procedure he followed. In this work of his, not only the criticism but also the application of the text criticism adds to the importance of the work. Then, on the basis of this work, scholars such as al-Sakhāwī and al-Aclūnī made complementary works on the same subject. Summary: It is inevitable for a person to be shaped by the society he lives in. During the time when al-Zarkashī lived, Egypt was under the rule of the Mamlūks. The history of Mamlūks is examined under two periods: 1. Bahrī or Turkish Mamlūks (745 / 1344 - 794-1391) 2. Burjī or Circassian Mamlūks (784 / 1382 - 923 / 1517) period. Our author lives in both periods. About forty years of his life was in the period of Bahrī and the rest was in the period of Burjī. In both periods, the state did not have a full political authority in the country, but this was not the case in education and training. In fact, on the contrary to the political situation, scientific activities have accelerated by the arrival of many scholars to the land of Mamlūk because of the Mongol invasions coming from the east and the Crusades from the west. The increase of scientific activity was caused not only by the coming of the scholars but also by the support given by the Mamlūk sultans. In fact, they built many new madrasas in addition to the resurrection of the old ones. In addition to madrasas during the Mamlūks period, mosque, hāngāh, ribat and zāwiya are also among the educational places.Hadith, fiqh and Tafsir scholar al-Zarkashī is originally Turkish. He was born in Cairo at 745 under the conditions mentioned above. His family learned of gold and silverworking because of their subsequent settlement to Egypt, and they made their living with this craft. A person who performs this is called Zarkash in Arabic. Muhammad ibn Bahādır, who learned and did this job, was known as al-Zarkashī. al-Zarkashī, known for his love of science since childhood, was trained hadith by Alā al-Dīn Mughultay (d. 762/1360) and Imād al-Dīn Ibn Kashīr (d. 774/1372) in Damascus, and fiqh by al-Asnawī (d. 772/1370). Among his beneficiaries are distinguished personalities such as al-Subkī (d. 756/1355), al-Azraī (d. 783/1381) and al-Bulqīnī (d. 824/1421). The most remarkable of his student is al-Birmāvī (d. 831/1428).It is known that he wrote about fifty works in hadith, tafsir, fiqh, methodology of fiqh and other fields. Especially among these works al-Burhān fī ʻUlūm al-Qur’ān, al-Tadhkira, al-Ijāba, al-Bahr al-Muhīt fî Usūl al-Fiqh ve al-Mansūr fī al-Qawāid is worth mentioning. Studies on al-Burhān and al-Bahr were carried out at the level of Master and PhD.al-Zarkashī did not hesitate to criticize any person for whom he had found his mistake. For example, even though he has a great love for him, and even because of this love, he has been given the name of al-Minhāj, the criticism of al-Nawawī is the clearest indication of the value given to science. Not just him, critics of scholars such as al-Hākim al-Naysābūrī and Ibn ʻAbd al-Barr who are recognized as authority in hadith can also be considered in this framework.The work named al-Tadhkira which we have studied in our work is of importance in that it shows the accumulation of knowledge in the field of hadith. In order to compose this work, it is necessary to have enough information in this field since the riwāyas must be criticized in terms of isnād and text. To compose his work, al-Zarkashī has benefited from about a hundred and forty works related to hadith, tafsir, al-siyar, history, tabakāt, commentary, jarh - taʻdīl, ilal and maghāzī. The use of such works is an effort to reach all sources and right information as much as possible. Some of these sources are basic hadith books such as al-Bukhārī (d. 256/870) al-Sahīh, Muslim (d. 261/875) al- Sahīh, Abū Dāʾūd (d. 275/889) al-Sunan, al-Tirmidhī (d. 279/892) al-Sunan, al-Nasā’ī (d. 303/915) al-Sunan, Ibn Mādja (d. 273/887) al-Sunan, Mālik ibn Anas (d. 179/795) al-Muwatta, Ahmad ibn Hanbal (d. 241/855) al-Musnad, al-Dārimī (d. 255/869) al-Sunan, ʻAbd al-Razzāq al-Sanʻānī (d. 211/826-27) al-Musannaf, Ibn Abī Shayba (d. 235/849) al-Musannaf, Ibn Rāhwayh (d. 238/853) al-Musnad, al- Bazzār (d. 292/905) al-Musnad, Abu Yaʻlā el-Mawsilī (d. 307/919) al-Musnad, Ibn Hibbān (d. 354/965) al-Sahīh, al-Tabarānī (d. 360/971) al-Muʻjam al-Awsat and al-Muʻjam al-Kabīr, al-Hākim al-Naysābūrī (d. 405/1014) al-Mustadrak.al-Zarkashī divided the riwāyas he had studied into eight subjects. These are judgments, wisdom, zuhd, medicine, virtue, prayer, story, words and riwāyas circulating in language. He shares the information he obtains from sources about him after mentioning the riwāyas he will examine. For example, it is mentioned that there is not a hadith which is transmitted as a hadith, it is a word of a sahāba, tābiun or a person. He transferred on the riwāyas the sources mentioned in the sources, but also stated that he did not participate in some information as the place came.The author has evaluated the narrators of the riwāyas from the point of jarh and taʻdīl. He did not only evaluate riwāyas in terms of isnād, but also text criticism. This activity is a distinctive feature of his work.al-Zarkashī gave information about the misrepresentation of the name of the narrators. He also explained the strange words that are difficult to understand in the text. It is a manifestation of his knowledge in the fiqh area that some of the riwāyas that are considered weak are expressed in some sects. The author described some errors about the riwāyas. For example, he stated that a riwāya that is said to be marfūʻ is a mavkūf. al-Zarkashī also included verses, hadiths and poems about the riwāya that he had studied while writing his work or he defended it by saying that it is not the case of a riwāya that is said to be fictitious.Perhaps it is the weakest point of al-Zarkashī’s work not to give any information about some riwāya, only to mention their isnāds. He also found some riwāyas that did not have a reliable isnāds and stated that their meanings are correct. This knowledge has become an enlightening characteristic for later generations.This work has a great significance in showing that the majority of the riwāyas that spread among the people are not hadiths. As a matter of fact, 73% of the riwāyas examined in the work are weak or irrelevant riwāyas. This work of al-Zarkashī is unique. The existence of such a work has not been determined before him. This work constituted the basis of the works written by scholars such as al-Sakhāwī and al-Aclūnī in the same subject after him. (shrink)

The lack of water, which has arisen due to reasons such as climate change, excessive and misuse, has become a global problem. The reuse of wastewater is considered as an important solution to overcome this problem. With the technology developed for this purpose, wastewater is treated and used in many fields, especially in irrigation of agricultural products and parks and fire extinguishing. There is no information directly related to the methods of treating polluted water in the religious texts. In the (...) past, when today's technological possibilities were not available, fuqaha determined some treatment techniques, but these are about waters exposed to najāsat (filthy things), not about wastewater that contains a large amount of najis elements. As a matter of fact, it seems impossible to clean wastewater with these methods. With the systems developed today, wastewater can be treated at different levels according to their usage areas. Accordingly, the analysis information regarding the output at each treatment level should be evaluated separately when determining the fiqh provision of treated wastewater. In this study, it is aimed to examine the purification methods discussed in fiqh books together with the relevant texts and to determine the criteria taken as basis in purification and to try to determine the fiqh provision regarding the treated wastewater outputs within these criteria. (shrink)

This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and benefited (...) from the scientific accumulation there. In fact, these scholars who played an active role in the formation of the Ottoman scientific environment completed their education in Damascus and Egypt under the rule of the Mamlūks and graduated from the Mamlūk education system and assumed important roles in the formation of the Ottoman science understanding. During this period, the Hanafī judges (fuqahāʾ), who were active in the Mamlūk community, contributed to the development of the leading names of the Ottoman scientific community and this thought had an impact on their understanding of science. In this context, it is possible to say that the fiqh studies of the Ottomans in the first period were influenced by the Mamlūk Hanafī who had their characteristics. The two main characteristics of Hanafī thought in the Mamlūk period, the hadīth-centred juristic (fiqh) idea and the method of mamzûc (mixed) fiqh style are also seen in Ottoman fiqh works.Summary: In this article, the effect of Hanafī fiqh thought on the early Ottoman fiqh studies in Mamlūk period is discussed. While the Ottomans did not yet establish a scientific tradition in the period of foundation and ascension, many Mamlūk cities replaced Baghdad as the centre of knowledge of the Islamic world. Because the Mongol invasion, the crusades and the destruction of Andalusia due to reasons such as many scholars displaced by the Mamlūks settled there. Especially during this period, Egypt and Damascus, which were under the rule of the Mamlūks, became the most important centres of science in the Islamic world. In this respect, 14th-16th It is accepted that the science level of the Mamlūks was quite superior to the Ottomans in the 16th century. On this occasion, many scholars who are considered as the leading names of the Ottoman scientific community turned to Egypt and Damascus regions and benefited from the scientific accumulation there. Osman Ghāzī’s teacher and father-in-law, Sheikh Edebālī, Davud-i Kayserī, Sheikh Bedreddin, Molla Fanārī, Molla Gürānī are some of these scholars. In addition to these, scholars such as Muhsin-i Kayserī, Germiyanlı Poet Ahmedī, Hacı Paşa, Celāleddin Hızır, İbnü’l-Cezerī and İbn Arabşāh have also studied science in Egypt and Damascus. These scholars, who played an active role in the formation of the Ottoman scientific environment, completed their education in Damascus and Egypt under the rule of the Mamlūk and after graduating from the Mamlūk education system, they played an important role in the formation of the Ottoman science understanding. Sheikh Edebālī was accepted as one of the scientific and spiritual leaders of the Ottoman Empire. Davud-ı Kayserī was the first chief professor of İznik madrasah, the first Ottoman madrasah. Molla Fanārī had the privilege of being the first Ottoman shaykh al-Islām. Molla Gürānī became the teacher of Fatih Sultan Mehmed. During this period, the Hanafi faculties, which were active in the Mamlūk science community, contributed to the growth of the leading names in the Ottoman science community. Molla Fanārī, Seyyid Şerif Cürcānī, Shaykh Bedreddin and Poet Ahmadī have learned lessons from Bābertī, who important Hanafī scholars in Egypt. The idea of Hanafī fiqh in the Mamlūk period influenced the studies of the Ottoman fiqh in the first period. In this context, Molla Khüsrev refers to Zeyla‛ī and Bābertī, the leading Hanafī scholars of Mamlūk in many parts of his work, although he did not go to the regions dominated by the Mamlūks. The two main characteristics of the Hanafī thought in the Mamlūk period were the hadith-centred fiqh thought and mamzûc (mixed) method of fiqh. In the Mamlūk period, hadith studies which were not seen before in Hanafī sect were done. During this period, Hanafī jurists spent time in the field of hadith such as Ibn Balabān, Ibn Turkmānī, Zeylaʻī, Kuraşī, Mogoltay b. Kılıç, Bedruddīn Aynī, Ibn Kutluboğa, Serūcī, Bābertī, İbnü’l-Humām, İbnü’l-‛Adīm. They tried to eliminate the lack of studies in the field of hadith in the Hanafī circles while their studies certainly require hadith expertise. As a result of the works of these jurists in the field of hadith, the basic sources were frequently included in the fiqh studies in the Mamlūk period and, the hadiths were started to be made. The influence of this understanding, which had an important place in the thought of the fiqh of Hanafī during the Mamlūk period, can be seen in the Ottoman fiqh works in the first period. In this context, Molla Khüsrev, in his work with the influence of the early Ottoman jurists who had been educated in Egypt before him, gave some basic sources of hadith and sometimes gave information about the reliability of hadiths. On the other hand, it is possible to say that this issue is quite insufficient in Ottoman fiqh works when compared with Hanafi jurists of the Mamlūks. A comparison of Ibnü’l-Humām’s Fethü’l-kadīr and Netāicu’l-efkār, which was performed by Kādızāde order to complete it, can be compared. Apart from that, there are different attitudes between Şürünbülālī and Şeykhi-zāde known as Damad Efendi, they lived in the same period. Şürünbülālī, one of the Egyptian scholars of the Ottoman period generally gave the hadiths from the basic hadith sources in his work Merāki’l-felāh, while Şeyhīzāde did not obey this issue and rarely included basic hadith sources in his work Mecma‛ü’l-enhur. These differences can be explained by the necessity of the scientific environment. Because the Hanafīs were accused of not using hadith in Egypt and its environs, the Hanafī jurists living in this region should have directed them to be more rigorous about the hadith. However, since the Hanafī jurists living in other Ottoman regions did not have such a problem, they probably did not feel the need to refer to the main sources of hadith in the power of hadiths. Therefore, it can be said that the scientific environment and the need arising in this direction lead to different attitudes of the jurists living in the same period. The mamzûc (mixed) method starting with Ibnu’s-Sāātī, In the 8th-century, it was especially effective on the idea of ​​the fiqh style of Hanafī jurists. Although the first name of the mamzûc (mixed) method, Ibnu’s-Sāātī, was not one of the scholars of the Mamlūk period, the influence he initiated was more common in the Mamlūk period and became one of the characteristic features of the Hanafī fiqh thought in this period. Therefore, it is understood that the majority of Hanafī jurists had a gratified method. In addition to this, it is seen that Ottoman jurists who were educated in and around Egypt write procedural works in grammatical style. Molla Fanārī's work Fusūlü’l-Bedāyi is the most important example of this genre. Moreover, even Molla Khüsrev, who had not gone to Egypt and his surroundings, wrote a memoir-like work called Mir’ātü’l-Usûl. The works of these two authors show that the Ottoman jurists were influenced by the Mamlūks. As a result, it is possible to say that the fiqh studies in the early period of the Ottomans were influenced by the Mamlūk Hanafīs who had their characteristics. The hadith-centred fiqh thought and mamzûc (mixed) fiqh style understanding had an impact on the early Ottoman fiqh studies. (shrink)

The third century of the hegira represents an extremely important period in terms of the formation process of Islamic sciences and the acquirement of the identity of a systematic school of fiqh madhhabs. In terms of the Zaydiyya madhhab, this century has an identity that affects the next period in terms of both political and scientific studies. Because in this period, the scholars of the madhhab like Kāsim al-Rassî (d. 246/860), Ahmad b. Isā (d. 247/861) and Yahyā b. al-Husayn (d. (...) 298/911), who were in a leading position both in politics and in sciences such as kalām, hadith and fiqh, emerged. Kāsim al-Rassî, who was accepted as the star of the Ahl al-Bayt by Zaydî sources in the first period, was presented as the Plato of Muslims by orientalists in modern studies. The main reason why today's studies on him are mostly about the history of sects and theology, most of Rassî's works are about kalām. However, Kāsim al-Rassî is an important name in the science of fiqh and İslamic legal theory as well as in the science of kalām. According to Abī Tālib Nātik bi’l-Hakk (d. 424/1033), one of the important jurists of the Zaydiyya madhhab, Rassî was a scholar who came to the fore with his ability in fiqh issues; in order to see his ijtihād method, his skill in furû al-fiqh, his mastery in using hadiths and knowing the disagreements of scholars, ‘‘Masā’il al-Dja’far b. Muhammad and Abd Allah b. Hasan” should be consulted. Rassi's epistles named Kitab al-Nāsikh wa’l-Mansūkh, Kitab al-tahāra, Kitab al-salāt al-yevm ve al-Laylā and Kitab al-menāsik are important studies on fiqh that have survived to the present day. In addition, Mueyyed-Billah (d. 411/1021) compiled Kāsim al-Rassî’s and Yahya b. al-Husayn's views on fiqh in his work named al-Tecrîd. Kāsim al-Rassî's views on fiqh are also determinative in later fiqh books such as Tahrîr, al-Cāmi' al-Kāfi, al-Intisār and al-Azhar. In time, the emergence of a jurisprudence sect named Kāsimiyya in Zaydiyya, referring to his name, is also important in terms of revealing his position. Although Rassî's views on fiqh have been referred to a number of studies in our country, no independent study has been found that deals with his views on fiqh. However, considering both of his works on fiqh that have survived to the present day and the early works in which his views are compiled, it is obvious that Kāsim al-Rassî's views on fiqh deserve an independent works. The aim of this study is to reveal Ressî's position within the madhhabs and his perspective on fiqh in general. In this context, in the study, the period in which Ressî lived, his life and works were briefly mentioned, and then the basic views of the fiqh, especially in the field of worship, were discussed in outline. (shrink)

This study includes an analytical study of the term "Qiyās al-Adna” among the Scholars of Uṣūl al-Fiqh. It is known that the Qiyās is divided into the following types: an analogy of higher order (Qiyās al-Awla), an analogy of an equivalent order (Qiyās al-Musawi), an analogy of a lower order (Qiyās al-Adna). However, Qiyās al-Adna raised issues and objections among some scholars, in past and present; hence, there is an urgent need to present a comprehensive study that shows the meaning (...) of Qiyās al-Adna for those who advocate it, discusses the objections and issues that have been raised about it, and clarifies its connection to other Qiyās types. Moreover, the study will concern the applied side of Qiyās al-Adna by explaining how jurists used it. The researcher used the analytical method and referred to the most important, ancient and modern Uṣūl al-Fiqh sources and references. The study concluded with results, the most prominent of which is that the Qiyās al-Adna has two meaning: the first is that in which the original case is more deserving of legal ruling than the new or parallel case, so the new case is considered as a lower order, and the second is that the effective cause in the new case is weaker than in the original case. Among the results of the study is that the objections directed to the Qiyās al-Adna are weak, and that it is not limited to the presumptive Qiyās on the most correct opinion, also, that the jurists used the term Qiyās al-Adna in the second meaning, which says that the lower order is in its effective cause, not the legal ruling. (shrink)

In the formation of the acquis of the science of fiqh, many scientific figures have been associated with the methods of the Imams of the sect and their views, which are passed on to the next generations. In the history of the Ḥanafī mad̲h̲hab, there are many scholars whose works, views or just their names have survived. The views of the scholars who are at the forefront of this work can be accessed through their works. The opinions of some scholars (...) who did not have works, or whose works have not survived, can be found in the jurisprudential corpus of other scholars. Unfortunately, there are many scholars whose works and opinions have not survived, and only their names are mentioned. This study focuses on the Ḥanafī jurist al-Baqqālī (d. 452/1060), whose scholarly personality, position in jurisprudence and works have not survived to the present day, although his name is mentioned in fiqh literature. The article analyses various sources and evidence for the identification of al-Baqqālī. The main argument of the article was clarified by examining fiqh books, which are among the authoritative sources of the Ḥanafī fiqh corpus, rather than works of ṭabaḳat, and by scanning digital resources. The determination and presentation of the scholarly personality of al-Baqqālī and his jurisprudential views are the distinctive feature of this article. Baqqālī was recognised as an influential jurist within the Ḥanafī fiqh tradition and was considered one of the mashāʼịḵẖ (eminent jurists). However, detailed information about him could not be found. However, considering the available evidence, it is proven that al-Baqqālī, who stands out with the attribution of al-Baqqālī, is not al-Baqqālī whose views are consulted in the Ḥanafī mad̲h̲hab and among the possibilities that arise, the views that predominate in the identification of al-Baqqālī's identity are given. For this reason, it is emphasised that Baqqālī is a figure that requires further research and study. It is emphasised that this article can contribute to the understanding of the Ḥanafī fiqh tradition. Baqqālī's jurisprudential views on some matters of worship and transaction reflect important debates. Although al-Baqqālī adhered to the basic principles of the Ḥanafī mad̲h̲hab, he occasionally developed original ijtihād against the general views of the imams or the mad̲h̲hab. Baqqālī's original jurisprudence and jurisprudential views occupy an important place in the sect's literature. He was particularly influential in matters of fatwa and left his views to later jurists. Such a study aims to solve a scholarly problem in the fields of the history of science and the history of fiqh. Clarifying the identities and specialisms of those involved can help to ensure historical and scientific clarity. The purpose of this article is to contribute to the accumulation of historical and scientific knowledge by seeking to learn more about this issue and to reduce uncertainties. (shrink)

It is widely acknowledged that two methods of writing have emerged in the history of usūl literature: Juristic method (usūl al-fuqahā) and theological method (usūl al-mutakallimīn). Although there are some attempts to determine the typical features of these methods, we do not have a comprehensive explanation regarding the criteria of this distinction, the motivation behind it and the period when these methods have become prevalent. This paper aims to shed light to certain dimensions of the issue and focuses (...) especially on the impact of juristic disputations and khilāfiyāt on the emergence of juristic method. The discussions about the sources and methods of religious knowledge were a significant part of the heated intellectual debates in the early period of Islamic scholarships. These discussions made by scholars interested in theological matters in kalām context were the matters of usūl, which would have turned into a separate discipline thereafter. The aforementioned period also witnessed Hanafīs completing the first fiqh compilation by recording the body of masā’il in fiqh that they had developed and codified. Hanafīs then involved in the methodological discussions of theologians in the context of justifying their juristic views. The tradition of scholarly discussion that had widely contributed to the earlier period took a new dimension by the introduction of jadal to the Islamic world. First theologians and later jurists adopted the method of jadal in their debates and scholarly works. By the 4th and 5th centuries AH, fiqh became popular more than ever and promoted the juristic disputations in such a way that those disputations turned into a common and significant performance among Islamic intellectuals. Meanwhile, the khilaf genre, in which the disputed juristic matters have been discussed and justified, improved in those centuries as well. Consequently, a new method of usūl writing, namely the method of fuqahā, which can be applied in the justification of the masā’il and in juristic disputations, emerged. Thus, the first and most typical work of that method, Taqwīm al-Adilla by Dabūsī, perfectly addressed the needs of the disputation tradition in the era, by including many chapters that could be regarded as related to the substantial law and many examples from substantial law, by treating the jadal topics in qiyas and ‘illa chapters in detail and by avoiding the speculative theological disputes. Later, the method developed by Dabūsī attracted attention and many jurisprudents wrote usūl works adopting the method before the end of 5th century AH. Especially the usūl work of Bazdawī served as a model for the later Hanafī usūl literature. However, the juristic method lost its popularity when the Islamic scholarships fell under the influence of philosophy and logic after al-Gazālī and al-Rāzī. Jadal and ‘ilm al-bahth wa’l-munāzara have been treated under the discipline of logic afterwards. Nevertheless, even after the evolution of the usūl perspective, some Hanafīs still wrote usūl works by juristic method and some of them, despite adopting the new philosophical perspective, referred to the usūl of Bazdawī in their “mamzūj” (combined) usūl works. (shrink)

: The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the topic, the (...) Karaite scholar read widely – and adapted creatively – incorporating the methods of a variety of genres in Arabic, including uṣūl al-naḥw, uṣūl al-fiqh and even iʿjāz al-Qurʾān and combining them together with earlier Jewish and Karaite scholarly tradition to produce what seems to be the first comprehensive discussion of non-literal language in Judeo-Arabic. (shrink)

The “erasing race” effect is the reduction of the salience of “race” as an alliance cue when recalling coalition membership, once more accurate information about coalition structure is presented. We conducted a random-effects model meta-analysis of this effect using five United States studies (containing nine independent effect sizes). The effect was found (ρ = 0.137, K = 9, 95% CI = 0.085 to 0.188). However, no decline effect or moderation effects were found (a “decline effect” in this context would be (...) a decrease in the effect size over time). Furthermore, we found little evidence of publication bias. Synthetically correcting the effect size for bias stemming from the use of an older method for calculating error base rates reduced the magnitude of the effect, but the it remained significant. Taken together, these findings indicate that the “erasing race” effect generalizes quite well across experimental contexts and would, therefore, appear to be quite robust. We reinterpret the theoretical basis for these effects in line with Brunswikian evolutionary-developmental theory and present a series of predictions to guide future research in this area. (shrink)

The Continuous Parameter Estimation Model is applied to develop individual genomic-level heritabilities for the latent hierarchical structure and developmental dynamics of Life History (LH) strategy LH strategies relate to the allocations of bioenergetic resources into different domains of fitness. LH has moderate to high population-level heritability in humans, both at the level of the high-order Super-K Factor and the lower-order factors, the K-Factor, Covitality Factor, and General Factor of Personality (GFP). Several important questions remain unexplored. We developed measures of genome-level (...) heritabilities employing an American sample of 316 monozygotic (MZ) and 274 dizygotic (DZ) twin dyads and a Swedish sample of 863 MZ and 475 DZ twin dyads. This novel heritability index measures individual genetic transmissibility, therefore opening new avenues for analyzing complex interactions among heritable traits inaccessible to standard structural equations methods. For these samples: (1) moderate to high heritability of factor loadings of Super-K on its lower-order factors is demonstrated, evidencing biological preparedness, genetic accommodation, and the gene-culture coevolution of biased epigenetic rules of development; (2) moderate to high heritability of the magnitudes of the effect of the higher-order factors upon their loadings on their constituent factors, evidencing genetic constraints upon phenotypic plasticity; and (3) that heritability of the LH factors, of factor loadings, and of the magnitudes of the correlations among factors are weaker among those with slower LH speeds, demonstrating that inter-individual variation in transmissibility is a function of individual socioecological selection pressures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

There are indications that simple reaction time might have slowed in Western countries, based on both cohort- and multi-study comparisons. A possible limitation of the latter method in particular is measurement error stemming from methods variance, which results from the fact that instruments and experimental conditions change over time and between studies. We therefore set out to measure the simple auditory reaction time (SRT) of 7,081 individuals (2,997 males and 4,084 females) born in Sweden 1959-1985 (subjects were aged between (...) 27 and 54 years at time of measurement). Depending on cut-offs and adjustment for ageing related slowing on SRT, the data suggest that SRT has increased between 3 and 16 ms in the 27 birth years covered in the present sample. The slowing is unlikely to be explained by attrition, as evaluated by comparing the general intelligence × birth-year interactions and standard deviations for both male participants and dropouts, utilizing military conscript cognitive ability data. The present result is consistent with previous studies employing alternative methods, and may result from several synergistic factors, such as possible recent micro-evolutionary trends favouring lower g in Sweden and the effects of industrially produced neurotoxic substances on peripheral nerve conduction velocity. (shrink)

In the second half of Book One of the Prior Analytics, Aristotle reflects on the application of the formalized logic has developed in the first half, focusing particularly on the non-modal or assertoric syllogistic developed in the first seven chapters. These reflections lead Alexander of Aphrodisias, who was a great exponent of Aristotelianism in the late second century, to explain and sometimes argue against subsequent developments of Aristotle's logic and alternatives and objections to it, ideas associated mainly with his colleague (...) Theophrastus and with the Stoics. The other main topic of this part of the Prior Analytics is the specification of a method for discovering true premises needed to prove a given proposition. Aristotle's presentation is sometimes difficult to follow, and Alexander's discussion is extremely helpful to the uninitiated reader. In his commentary on the final chapter translated in this volume, Alexander provides an insightful account of Aristotle's criticism of Plato's method of division. (shrink)

Understanding the nusus and the interpretation of their texts has been at the center of the activities of many schools and ulama in fiqh studies, and as a result, each school of usool has sought to find a method suitable for their own understanding in order to understand and interpret the nusus in a sahih way. For this purpose, fiqh schools have developed some unique methods. It can be said that the main differences among the hukms that fiqh schools (...) rely on are generally due to these methodological differences. One of the efforts to understand and interpret through the linguistic structures and patterns of the nusus is tawīl. For this reason, it is necessary to know conceptions of tawīl in order to accurately determine the hukm giving methods of fiqh schools. In this context, the thought of Zâhiri Ṭawīl, which is based on the zâhiri meaning of the words in the language and aims to solve the meaning pattern of the nusus within the framework of the rules of the language, is important. To this end, the tawīl understanding of Ibn Hazm (d. 543/1148), one of the leading ulama of Zâhiri thought, has an important position in the determination of their understanding of fiqh and usool. For this purpose, by searching the works of Ibn Hazm, how his understanding of tawīl, which he used as a method, is reflected in his fiqh thought, will be examined through his fiqhi inferences. The Qur’an used their language when addressing the societies. The Qur'an especially, on the one hand, has used the language they use to convey its messages to its interlocutors in a correct and understandable way, on the other hand, it has used a unique style without departing from the natural structure of the language in unseen matters due to the nature of religious language. Therefore, it is necessary to take into account the words of the texts in order to understand and interpret the language used. The word tawīl was used by the ilm circles in the first period to mean the same as the word tafsir and in naming the works written as the Qur’an tafsir, the word tawīl was preferred instead of tafsir. Mâturîdî, the writer of the first dirayah tafsir, which points to the distinction between tafsir and tawīl, defines the word tafsir as 'to express exactly what is the meaning and purpose of the Qur'an, which is the divine word' and states that tafsir can be done only by the the Ṣaḥābah who knows Quran and Sunnah well. According to one of the many theses about the origin of language, it is God given. In other words, language has been taught to man by a supreme power (Allah). Ibn Hazm also defends this view. According to Ibn Hazm, the basic elements / elements of the language were taught by Allah to Adam (a.s), and then people developed this language in proportion to their needs. Therefore, the indications of the words depend on the declarations of God and linguistic experience. As a matter of fact, Allah has attributed new meanings to words such as salat, allegiance, hajj and similar words used for other meanings in the custom of language, and the new meanings attributed to them are accepted as the truth for the meanings of these words. Usûlists who adopted the method of fuqaha in usool, in the methods of istinbat of hukm out of sharii dalils, have generally made the taqseem of the words in terms of the meaning they were given to as âm, khâs, mushtarak and muavval while their taqsseem in terms of the words’ being used or not in the sense they were given was haqiqat, majaz, sarih and kinayah. Compared to other schools, the issue of tawīl has a different meaning according to the Zâhirî usûlists and faqih who base on the zâhiri khitab. Since the zâhir of the nusus is primary and essential, there should be a certain usool, principle and rule to give up the zâhir of the nusus and to switch to another possible meaning. Ibn Hazm states that there are different opinions among the usûlists about whether the imperative form is indicant of hukm. He also says that according to some Hanafi, Malikî and Shafii usûlists, as long as there is no evidence showing that it is wujub, tahrim, nedb, ibahâ and karahah, then the imperative form cannot be views as indicating a hukm. (shrink)

Mushkil al-Qur’ān is a science of the Qur’ān in which the verses that are considered contradictory at first glance and what ways/methods are used in reconciling them. From the point of view of a commentator or even a believer, the ishkal (contradiction) cannot be attributed to the Qur’ān proper, and the supposed contradictions between verses do not appear in the Qur’ān but the mind of the subject. Therefore, in this science, it can be seen that both the recognition of contradictions (...) and the elimination of contradictions are related to the interpretive context of the tafsīr methodology. This science has emerged on a dynamic ground and has a characteristic feature that determines the interpreter’s ability to interpret. The aspect of the Mushkil al-Qur’ān that distinguishes it from other Qurʾānic Sciences relates to the practical dimension of the tafsīr rather than general determinations and statistical information about the Qur’ān. For this reason, the scope of the Mushkil al-Qur’ān may change depending on the time, culture, perspective of the commentator, knowledge, and school preferences. The fact that disciplines define the concept of mushkil in different ways, and the change in the scope of the subject in the independent works written in the early period and the Qurʾānic Sciences literature written after al-Zarkashī requires a terminological-chronological-methodological analysis of the nature and content of the Mushkil al-Qur’ān scholarship. With its pre-Zarkashī structure, Mushkil al-Qur’ān science differs from its structure that emerged in the later period, both in terms of its target audience and its content. If we look at the works of names such as Ibn Qutaybah, it becomes clear that this science is mandated to cater to the religionless. However, especially with the scope and methods in which it has been dealt with in the recent period, the Mushkil al-Qur’ān is based on the internal dynamics of the shari'a sciences. Therefore, it can be said that al-Zarkashī defined the science of Mushkil al-Qur’ān, which had a comprehensive content in the early period, with a different name and a narrowing of its content as a field fed by the internal dynamics of the tafsīr, and that this science acquired a unified form after al-Suyūṭī. This process brought about some changes in the subject matter and content of the science of the Mushkil al-Qur'ān. For the Mushkil al-Qur’ān, which in the early days had the purpose of answering the doubts and objections of the deniers of the Qur’ān, developed after al-Zarkashī into a field mainly concerned with removing the difficulties of understanding. Within this framework, the methods and classifications presented in this science with the structure defined by al-Zarkashī are the products of the effort to make sense of the Word of God. The systematization of this effort to make sense under the umbrella of shāri‘ sciences in a terminological and theoretical framework opens the science of Mushkil al-Qur'ān to the fields of kalam and fiqh/method. In the works written on Mushkil al-Qur’ān and in the literature on fiqh, the reasons for the contradictions between the verses and the ways to eliminate them are given. What these ways depend on the context in which the contradiction is dealt with. Those who treat the contradiction in a way that includes the ambiguities in the words while eliminating these ambiguities resort to other pieces of evidence such as narratives, style of expression/context, truth metaphor, reason, analogy, and custom. In case of an apparent contradiction, methods like cem‘ (gathering), preference, naskh, renunciation are used. Despite the differences in the school’s preferences as to which of these methods was used first in the classical period, there is almost a consensus as to the ways followed in eliminating contradictions between verses. In the modern period, some scholars claim that one of these methods, abrogation, is directly related to the Mushkil al-Qur’ān, and they explain that naskh is applied when the contradictions between the verses cannot be interpreted. This assertion, made in modern times, that naskh is a method that scholars resort to when they cannot remove the impression of contradictions between verses, is closely related to the definition, essence, and content of the Mushkil al-Qur’ān. In this context, it is crucial where the ways/methods used to follow the nature-content pendulum while eliminating the counterparts of the terms and the impressions of contradiction. This is because the acceptance of naskh as a contradiction solution stems from the fact that it is one of the ways to prove that there is no contradiction in the Qur’ān from the perspective of fiqh, and naskh means that two contradictory provisions were valid at different times. The contradiction arises when it is claimed that these two provisions are valid at the same time. (shrink)

My note on McShane's “Implementation” article indicates what I have learned from it (a) about its author, (b) about Lonergan, and (c) about implementation of Lonergan’s transcendental method. My sheaf of quotations from the article may offer a focus – not distorting, I hope – different from the reader’s own.

Originally published in 1971, this volume examines the relationship between the history and sociology of education. History does not stand in isolation, but has much to draw from and contribute to, other disciplines. The methods and concepts of sociology, in particular, are exerting increasing influence on historical studies, especially the history of education. Since education is considered to be part of the social system, historians and sociologists have come to survey similar fields; yet each discipline appears to have its own (...) aims and methodology. (shrink)

Ethics is a foundational competency in healthcare inherent in everyday nursing practice. Therefore, the promotion of qualified nurses’ and nursing students’ moral competence is essential to ensure ethically high-quality and sustainable healthcare. The aim of this integrative literature review is to identify the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence. The review has been registered in PROSPERO (CRD42023386947) and reported according to the PRISMA guideline. Focusing on qualified nurses’ and nursing students’ moral competence, a (...) literature search was undertaken in January 2023 in six scientific databases: CINAHL, Cochrane Library, PsycINFO, PubMed Medline, Scopus and Web of Science. Empirical studies written in English without time limitation were eligible for inclusion. A total of 29 full texts were retrieved and included out of 5233 citations. Quality appraisal was employed using Joanna Briggs Institute checklists and the Mixed Method Appraisal Tool. Data were analysed using inductive content analysis. Research about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence is limited and mainly explored using descriptive research designs. The contributing factors were identified as comprising two main categories: (1) human factors, consisting of four categories: individual, social, managerial and professional factors, and ten sub-categories; and (2) structural factors, consisting of four categories: educational, environmental, organisational and societal factors, and eight sub-categories. This review provides knowledge about the factors contributing to the promotion of qualified nurses’ and nursing students’ moral competence for the use of researchers, nurse educators, managers, organisations and policymakers. More research about the contributing factors is needed using complex intervention, implementation and multiple methods designs to ensure ethically sustainable healthcare. (shrink)

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

The papers collected in this volume exemplify some of the trends in current approaches to logic, language and computation. Written by authors with varied academic backgrounds, the contributions are intended for an interdisciplinary audience. The first part of this volume addresses issues relevant for multi-agent systems: reasoning with incomplete information, reasoning about knowledge and beliefs, and reasoning about games. Proofs as formal objects form the subject of Part II. Topics covered include: contributions on logical frameworks, linear logic, and different approaches (...) to formalized reasoning. Part III focuses on representations and formal methods in linguistic theory, addressing the areas of comparative and temporal expressions, modal subordination, and compositionality. (shrink)

"... some very serious critiques of French existential phenomenology and post-structuralism... the contributors offer some refreshingly new insights into some tried and 'true' philosophical texts and more recent works of literary theory." -- Philosophy and Literature "By bridging the gap between 'analytic' and 'continental' philosophy, the authors of The Thinking Muse: Feminism and the Modern French Philosophy largely overcome the cultural polarity between 'male thinker' and 'female muse'." -- Ethics "These engaging essays by American Feminists bring toether feminist philosophy, existential (...) phenomenology, and recent currents in French poststructuralist thought. The editors provide an excellent introductory overview, making this an ideal book for courses in feminist theory and philosophy and modern French thought." -- Philosopher's Index "The concerns raised in this volume are substantial.... a solid addition to the canon of American feminist philosophy." -- Philosophy and Literature "... a forum for feminist appropriations of existential and post-structuralist philosophy." -- Canadian Philosophical Reviews Marking a radical shift in the traditional philosophical separation between muse (female) and thinker (male), The Thinking Muse revises the scope and methods of philosophical reflection. These engaging essays by American feminists bring together feminist philosophy, existential phenomenology, and recent currents in French poststructuralist thought. (shrink)

Hujjat al-Islam Imam al-Ghazali is a thinker, mystic, jurist, and theologian who has still influenced today since his time. In his al-Munqidh min ad-Dalal, he writes about how he survived the crisis that his inquiries about life had driven him to depression. Due to the distress caused by the crisis in him, he left the place where he lived and moved away from people. During this abandonment, he confesses his experiences, inquiries, introspection, and ways of getting to know himself in (...) al-Munqidh. In this article, I will try to understand how he reached guidance from this crisis, what his method was, and how he gained personal religious experience. I will examine the differences and similarities of the way of Sufism from the clergy, where the concept of rational theosophy corresponds in al-Ghazali’s thought. He shows us the limits of reason on the way to reach precise information. He talks about realities that cannot be explained within these limits, what he has learned in the uzlat, and why the love for the world is dangerous. The reason why al-Ghazali returned to social life is explained with the idea of 'fiqh of priorities' in Islam. Al-Ghazali attributes the "nour" that descends to his heart to the will of God in explaining his salvation from the turning point in his life. (shrink)

The foundations of almost all Islamic sciences were laid in the first and second centuries of hijra. With the expansion of the Islamic world since the first century of hijra, the existence of a collective effort to transfer oral information into writing is notable. With the invitation of the prophet Muḥammad to Islam, an unprecedented increase in the culture of writing has been observed. Since the emergence of Islam, the world history scene has witnessed feverish writing activity. Especially in the (...) 2th/8th century, when the transition from oral culture to written culture accelerated, the founding texts of the science of language and religion, which were the carriers of these sciences related to aqāid-kalām, fiqh and uṣūl al-fiqh, tasawwuf, tafsir, and hadith, were compiled. Thanks to the founding texts containing the basic principles, the sciences have had the opportunity to develop by deepening. In this study, the contribution of Fiqh al-akbar, the founding text of the science of creed, to the science of kalam, which has made significant progress, will be discussed. In order for a text to be considered a founding and root, there must be a system that it establishes as the fruit of the tree. In this sense, Fiqh al-akbar established a moderate and defensible belief system. There is an organic link between the most concise faith texts and the most voluminous kalām books. While the creed texts, which consist of writing the goals at the end of the road, are the counting of the principles of faith, the texts of the kalām represent the walking of the road that leads to the goal of faith. Fiqh al-akbar, which marks the end of the road by finishing the roads to be walked, is the first and most important of the milestones of Islamic thought. In this study, the contribution of Fiqh al-akbar, the founding text of the science of aqāid, to the science of kalām will be discussed in the context of its belonging to its author. This text gave direction to Ahl al-Sunna theology, which would be written in the later stages of Islamic thought. In this study, the internal and external contexts of the founding text mentioned will be confirmed in terms of its relative acumen to Abū Ḥanīfa. In addition, the reason for the increase in the commentaries (Sharḥ) of Fiqh al-akbar during the Ottoman period will be shown. As a matter of fact, each annotation strengthens that it belongs to the author. In the annotations, there is no sentence stating that the text does not belong to Abū Ḥanīfa, on the contrary, the authenticity of the belonging is emphasized. Of course, not all the annotations of the relevant text will be included here, but mostly printed works will be emphasized. Theology, prophecy and the hereafter are discussed in Fiqh al-akbar. Here, how theological debates and problems related to the history of theological concepts are handled in the commentaries will be shown. In this article, within the framework of the method discussed as an example, a preparation will be made for further studies to evaluate the topics and concepts of prophecy and the hereafter in the context of commentaries. The point that should be emphasized here is that none of the scholars who commented on the text pointed out that the subject or concept was not discussed in the period of Abū Ḥanīfa. Moreover, from the early period until as late as the 7th/13th century, both theology and bibliography books did not have any doubts about the belonging of Fiqh al-akbar to Abū Ḥanīfa. Moreover, since the early period, both theological and bibliographical works did not have any doubts about Fiqh al-akbar’s belonging to Abū Ḥanīfa. (shrink)

In the Hanafī school, the writing of the fiqh method is basically divided into two sub-schools, namely the Iraqī and Samarkand method. Alaeddin es-Samarkandī (d.739/1144), one of the important representatives of the Samarkand school, who wanted the fiqh method to be rewritten from a theological perspective, strongly criticizes the method of writing, which became widespread in the Hanafī community before him. While he criticizes the methodists such as Dabusī (d.430/1039), who continued the Iraqī Hanafī methodists’ line, (...) he never mentions Sarakhsī (d.483/1090) and Pazdawī (d.482/1089) in his work. However, when we look at the subject of naskh [abrogation], which we base our study on, it will be seen that the systematic of Samarkandī’s work called “al-Mīzān” is almost the same as the way it is handled in Sarakhsī's work of usûl. The main reason for comparing the understandings of abrogation of both scholars is the close relationship between the subject of abrogation and kalam. In this study, the focus will be on how both scholars approached abrogation and on their approaches to abrogation, and the similarities and differences between them will be pointed out. Whether this similarity and differences coincide with Samarkandī’s critique of the Iraqī sheikh; in other words, the extent to which Samarkandi was right in his criticism that the Hanafī companions before him did not include theological issues in their procedural works will be evaluated through Sarakhsī's understanding of abrogation. (shrink)

One of the proofs expressing certain knowledge in fiqh method is ijma. There are hardly any scholars who do not accept that ijma is evidence. It is reported that the first person who objected to this was Mu'tazilî İbrahim en-Nazam. The group that does not accept it as a sect are the scholars who belong to the Imamiyya. It is possible to say that mujtahid scholars have been unanimous since the first period mujtahids on the fact that ijmā is (...) evidence, with a few exceptions. Although there is no significant disagreement about the fact that ijma is evidence, the scholars differed on the details of ijma's types, conditions, proofs, and the number of people who would agree on ijma. One of the issues discussed by the scholars of the methodology is the effect of ijmaa when one or more people oppose the majority of the mujtahids. While some of the methodists think that the opposition of the minority against the alliance of the majority will not harm the ijma, the majority of them argue that all mujtahids must be of the same opinion in order for the ijma to be formed. Basically, it can be said that these two approaches argue with each other, but there are also proceduralists who deal with the issue differently. Some scholars take into account the attitude of the majority towards them in an issue opposed by one or a few people. According to these scholars, if the majority does not oppose the opinion of the minority, then ijma cannot be mentioned. Because this shows that the majority also respect the opposing view. If the majority does not respect or even oppose the opinion of the minority, then the consensus of the majority becomes ijma.The arguments generally used in these discussions are the same. Usulists defend their theses based on the opposing views of some of the Companions, especially Ibn Abbas. Those who do not see the opposition of the minority as an obstacle to ijma, argue that although one or more of the Companions had dissenting views, as in the example of Ibn Abbas on riba and mut'a, the consensus of the other Companions is the ijma of the scholars. Likewise, those who argue that this is an obstacle to ijma, as well as Ibn 'Abbas's opposition to the opinion of the populace on awl, was an obstacle to the formation of ijma on an issue agreed by the other Companions.This study deals with the discussions and the arguments used by the parties. However, firstly, the information value and conditions of ijma, which is thought to be closely related to these discussions, are briefly presented. In the study, the explanations of the scholars of different sects, who were not content with the works of a certain school, were examined and tried to be evaluated. As a result, it should be noted that it is the prevailing view that the opposition of the minority against the majority will prevent the formation of ijma, based on the conditions put forward in order for ijma to be conclusive evidence. However, it has come to the conclusion that whether the opposing view of the minority is taken into account by other scholars is effective in the formation of ijma. (shrink)

Many issues in the Hanafī Madhhab are solved with the method of takhrīj. One of these issues is the subject of si'āya. Si'āya is that a person causes financial and bodily harm to other person by unfairly complaining to a cruel authority. A rich material has emerged overtime on the issue of siāyah, which was determined by using the method of takhrīj by comparing different usūl and furu issues within the madhhab. In the Ottoman period, it is observed (...) that the discussions and fatwās related to delation [si'āya] have increased. The subject of si'āya has been handled under the topics that concern many areas of fiqh, especially the law of obligations, criminal law and trial procedure. The Shaykh al-Islams made the view which muta'akhkhir ulama adopted about the compensation responsibility of delation, as a main principle used in analogy (qiyas) to solve problems in fatwas. Based on the principle, Shaykh al-Islams gave fatwās about new issues regarding delation. In this study, considering the mentioned issues, the contribution of Shaykh al-Islams and Hanafī scholars living in Arab lands to the issues related to si'āya will be revealed in the context of compensation responsibility. (shrink)

Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of legal sources in the uṣul literature, (...) there has been another proof subjected to legal reasoning (istidlāl): the practice of the companions. In this study, “the practices of the companions” is used in the contextual meaing of the verbal and practical positions of the entire companions or some of them on a specific topic of uṣūl al-fiqh. By this definition, the concept of the practice of the companions is separated from the concepts of qawl al-ṣaḥābī, ʿamal ahl al-Madīnah and the ijmāʿ al-ṣaḥābah. As a matter of fact, the concept of qawl al-ṣaḥābī signifies an opinion narrated from a single companion and neither supported nor opposed by other companions, and subjected to use of legal inference for obtaining practical legal rulings. In return, the concept of the practice of the companions signifies the position that the companions hold on a topic of uṣūl al-fiqh and does not stipulate the conditions that it must be an opinion of a single companion and be neither supported nor opposed by other companions. In addition, as being related to the legal theoretical issues and not restricted to a certain region, the concept of the practice of the companions is distinct from the ‘amal ahl al-Madīnah. Likewise, it also differed from the ijmāʿ al-ṣaḥābah because the latter concept indicates the consensus of all companions on a practical legal ruling whereas the practice of the companions amounts to both the consensus of the companions and their individual opinions on the matters of uṣūl al-fiqh. Having said that, the concept of the practice of the companions has some overlaps with the qawl al-ṣaḥābī and ijmāʿ al-ṣaḥābah. It is observed in the Hanafi tradition of uṣūl al-fiqh that the practices of the companions are presented as a proof of many principles of uṣūl al-fiqh. This is because of the fact that the companions have a significant role as being the first practitioners of the revelation and the leading figures of the tradition of fiqh. Due to these significant roles of the companions, a central position is given to their interpretation method of the divine text and the technique of issuing legal opinions in determination of theoretical principles. In this study, I examine the impact of the practices of the companions on the Hanafi legal theory focusing on the work of al-Sarakhsī (d. 483/1090), al-Uṣūl, and try to identify how Hanafi legal theory was grounded, departing from, overall or particular, companions’ practices. This study consists of two main parts. First, I provide the conceptual framework by analyzing the concepts of the companion and the companions’ practice. Second, I discussed the theoretical issues rested evidentially on the companions’ practice. Hence, this study excludes the instances of qawl al-ṣaḥābī, ijmāʿ al-ṣaḥābah and the companions’ practice if they are not resorted in proving the uṣūl al-fiqh principles. This work deals with issues on which theoretical principles grounded in reference to the practice of the companions under the headings; Kitāb, Sunnah, qıyās, naskh and alfāz. When instances of the companions’ practice are in abundance in a case, I just focus on the highly representative ones and shortly refer to the others. In the conclusion part, I provide the consequences achieved by this research and some final remarks on the topic. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

The issue of how to read and interpret the Qur’ān has been the subject of Islamic sciences such as Kalām, Fiqh and Taṣawwuf. Each discipline has put forward an interpretation methodology according to its point of view. While interpreting the verses, the Ṣūfīs who are members of Taṣawwuf also produced some methodological concepts for several reasons. They interpreted the Qur’ān with the sign (ishāra), a method of interpretation suitable for the characteristics of Taṣawwuf. The ishāra is a secondary (...) class='Hi'>method of interpretation compared to tafsīr (the Qur’ānic exegesis). In this context, the ishārī tafsīr is the interpretation of the verses by kashf and ilhām. It is also the narration of the signs claimed to exist in the verse. However, while the ṣūfīs wanted to explain their inferences regarding the verses on the one hand, they had to hide them on the other hand. These attitudes led to the paradox of statement-concealment as a problem peculiar to the ishārī tafsīr. The goal of this study is to evaluate the tradition of ṣūfī tafsīr / exegesis in terms of this paradox. One of the aims of this study is also to determine the tools that the ṣūfīs use for some reasons in interpreting the Qur’ān and how they conceptualize them. In this perspective, the function of symbolic means such as letter and sign in Taṣawwuf has been emphasized. The formation of a number of methods and instruments specific to ishārī interpretation and the influence of Ibn al-ʿArabī on this method have been discussed. To achive the objectives of this paper, this research article conducted a detailed literature review. As a method, the phenomenological approach and historical methodology have been used in order to present the ṣūfīs interpretation methodology objectively. The concept analysis method has used in order to exhibit a detailed analysis of some concepts directly related to the subject of the study. There are many studies about ishārī tafsīr, the method of interpretation of the Qur’ān by the ṣūfīs in Turkey and abroad. These works are mostly of classical-style works based on determining the nature and position of the ishārī tafsīr or discussing the ishārī interpretation style of a ṣūfī mufassir. For example, Yaşar Kurt’s work titled Ni’metullah Nahcivânî ve Tasavvufî Tefsiri, Mehmet Okuyan’s work named Necmuddin Daye ve Tasavvufi Tefsiri are doctoral theses on this subject. If we need to mention some studies directly related to the subject and the purpose of our article; they are as follows: Among the works written today are Yunus Emre Gördük’s Tarihsel ve Metodolojik Açıdan İşârî Tefsir, Davut Ağbal’s book titled İbn Arabî’de İşârî Tefsir, some communiqués in the book published by Kuramer under the name of Kur’an’ın Bâtınî ve İşârî Yorumu. Ekrem Demirli’s article “Kuşeyrî’den İbnü’l-Arabî’ye İşârî Yorumculuk Hakkında Bir Değerlendirme” is one of the sources of this research. As for the works written in the past; early ṣūfīsm classics, al-Ghazālī’s and Ibn al-ʿArabī’s writings, some boks on the methodology of Qur’ānic interpretation written by scholars such as al-Dhahabī and al-Zurḳānī can be given. The findings and results obtained inthe light of this study are: The ṣūfis have named their experiences they wanted to express, as ishāra. They have wanted to declare their feelings as a result of the spiritual states they were in while reading or listening to the Qur’ān. At the same time, they tried to hide their feelings with the concern of not being understood, not being accepted, being accused or harming those who did not taste the same pleasure. The desire to explain their enthusiastic feelings and experiential knowledge on the one hand and the need to conceal them on the other, seemingly have caused a paradox. Therefore, they have made use of some conceptual tools while interpreting the Qur’ān and used a covered language. In this framework, Ibn al-ʿArabī and his successors have a different position and style. Ibn al-ʿArabī’s approach to the Qur’ān has been named as theoretical ṣūfī tafsīr instead of ishārī ṣūfī tafsīr from now on. His main instrument is iʻtibār / taʻbīr as a way of ta’wīl. His followers such as Kāşhānī, Nakhčiwānī and Brūsawī have been influential in the spread and acceptance of the ishārī interpretation activities. This article fills the gap in the literature. Because it is a methodological analysis and an evaluation of the terms and methods that ahl al-taṣawwuf have produced in order to explain or conceal some of their thoughts about the verses, it will also make a contribution to the ishārī tafsīr literature. Although the article is presented as a result of a careful and detailed research, there are some missing points in it. Thus, further studies that will contribute positively to the debates on the legitimacy of the ishārī tafsīr and its method can be produced. (shrink)

orbit and far beyond it. Indeed, the immense, painstaking, indefatigable and ever-improving effort of Husserl to find ever-deeper and more reliable foundations for the philosophical enterprise (as well as his constant critical re-thinking and perfecting of the approach and so called "method" in order to perform this task and thus cover in this source-excavation an ever more far-reaching groundwork) stands out and maintains itself as an inepuisable reservoir for philosophical reflec tion in which all the above-mentioned work has either (...) its core or its source. In fact, in his undertaking to re-think the entire philosophical enterprise as such and to recreate philosophy upon what he sought to be at least a satisfactorily legitimated basis, Husserl, through his already systematised and "authorized" work, and his courses, and later on in his spontaneous reflection (which did not find its way into a definitive corpus but was nevertheless sufficiently coherent with his previously established body of thought to be considered a continuation of it), uncovers perspectives upon the universe of man and projects their new philosophical thematisation that brings together all the attempts by philosophers (e. g., Merleau-Ponty, who drew upon this material and found there his own inspiration) who succeeded him with foundational intentions; it also gives a core of philosophical ideas and insights for the youngergenerationofphilosophers today. (shrink)

This Hackett edition, first published in 1981, is an unabridged and unaltered republication of the seventh edition as published by Macmillan and Company, Limited. From the forward by John Rawls: In the utilitarian tradition Henry Sidgwick has an important place. His fundamental work, The Methods of Ethics, is the clearest and most accessible formulation of what we may call 'the classical utilitarian doctorine.' This classical doctrine holds that the ultimate moral end of social and individual action is the greatest net (...) sum of the happiness of all sentient beings. Happinesss is specified by the net balance of pleasure over pain, or, as Sidgwick preferred to say, as the net balance of agreeable over disagreeable consciousness.... (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

The Prophet, whom Allah sent the whole universe and humanity as mercy, produced not only many judicial rules and practices regarding the relations of a person with Allah and other people in Islam but also uttered sentences about the explanation of holy book, Qur’an, and about how this book can be put into practice. The issue whether and how much these sentences of the prophet (hadith) and acts of the prophet (Sunnah) are binding have been discussed by both hadith methodologists (...) and fiqh methodologists; accordingly, a great many studies were produced. In hadith methodology, the discussions about Sunnah of the Prophet had their reflections in the studies of fiqh methodology; and especially Hanafi jurists propounded considerations about this issue. Hussein b. Ali al-Saymerî (d. 436/1045) one of these jurists, is the student of Muhammad b. Mûsa al-Khwârizmî (d. 403/1012), who is the student of Abû Bakr al-Jassâs (d. 370/980), who is an authority in Hanafi methodology. al-Saymerî, who adopted the method of al-Jassâs in fiqh methodology, systematically categorized several fundamental issues which were discussed and were related to fiqh methodology during his time; and he defended the views of Hanafi scholars about these issues primarily against Shâfiʿîs and several fiqh and kalam schools. While presenting the views and evidences of Hanafis, al-Saymerî initially applied for the views of founder imams of Hanafi sect such as Abû Hanîfa, Abû Yusuf and Muhammad al-Shaybânî; following these scholars, he greatly benefited from Hanafi scholars from Iraq region, such as Abu’l-Hasan al-Karkhî (d. 340/952) and his student, Abu Bakr al-Râzî al-Jassâs. When the relevant parts of his study is analysed, it is seen that the effect of al-Jassâs is especially noticeable. In this article, we will study the binding issue of the Sunnah of the Prophet within the context of al-Saymerî’s study, which has extant and is called Mesâilu’l-hilâf fi usûli’l-fiqh. We consider that the different attitude of al-Saymerî about the Sunnah of the Prophet from the other methodologists and hadith scholars and the underlying reasons of these differences are worth to be investigated and emphasized. (shrink)

Islamic law has an advanced legal theory, apart from the four basic decision-making methods, many judgment-gaining theories based on interpretation and reasoning have been derived which have been developed by Islamic jurists in the process. Islamic jurists have used some of their knowledge and techniques to correct the problematic results that arise from both the incorrect use of methods of obtaining judgments and the expansion of the scope of these methods. With these interdisciplinary studies, it was aimed to interpret the (...) criticisms directed against the analogy process and the causes accurately. One of the methods used at the point of revealing whether these criticisms and objections are based on a justified reason and evidence is the debating method. The method of debating, which has become an independent discipline along with fiqh and kalām in the Islamic scientific tradition, began to form during the periods when sects were formed (II century Hijri). The discipline of debate, which has found a practical field in the methodology of Islamic jurisprudence (fiqh), has been particularly effective in interpreting analogy (qiyas), which constitutes an important part of fiqh, and is even assumed to be among the methods of inference (istidlāl). Many Fasād al-waḍʻ (invalidity of an argument of syllogism) is one of the methods of debating has been used in uṣūl al-fiqh. Fasād al-waḍ‘ has been described as the binding of a provision to a cause (ʻillat) that is the opposite of what that cause requires. This is a situation that completely invalidates the cause. In Fasād al-wad‘, the objector proves that the analogy is erroneous by directing objections to the person who brings the evidence. Since Fasād al-wad‘ is a type of objection directed to the basis of the fiction of analogy, it has been accepted by Islamic jurists as one of the strong objections directed to the cause/analogy. However, the issue of which cause this type of objection can be directed against has been discussed among Islamic jurists. Hanafīs accept Fasād al-wad‘ as a sound objection method, but they think that it is not possible to object to the effective causes (al-ʻillat al-muaththirah) with it. Because, according to Hanafīs, the correctness of the effective quality has been revealed by the Qur’ān, the Sunnah and the consensus (ijmā’). Because these proofs do not produce false qualifications. According to Shafeis, all causes and provision can be objected with Fasād al-wad’. In fact, some Shāfi'ī jurists consider this method as a general type of objection, not aunique one to the analogy. Due to these different interpretations that Islāmic law schools attribute to the conditions of analogy and the nature of Fasād al-wad‘, different results may arise in furû issues. In this study, Fasād al-wad‘as a type of objection to the analogy process in Islamic legal procedure has been examined and the nature of Fasād al-wad‘ has been tried to be revealed by determining the comparative furû. Thus, it is aimed to identify and analyse the diversity of legal reasoning methods, which have an important place in the logic of law in Islam and can be gathered under the name of analogy. (shrink)

Nowadays, some of the things that are ḥarāmto be consumed, such as lard, its derivatives and alcohol are used as additives or additional nutrients in products, namely food and cosmetics that people use widely in daily life. The provision of these products, which are accepted as najis(impure), stands in front of us as one of the actual fiqh problems. In order to produce an accurate solution in this regard, the reaction condition and the level of dissolution in the product must (...) be determined. In this article, the level of mutanajjis (contamination) of the products that najisthings transforms through istihlāk(physical change) and the provision (hukm) of benefits from such things are examined. The research covers the discussions in the classical period regarding the provision of things, which included najāsah(impurity) and underwent physical change as well as the evaluations of contemporary Islamic jurists. The aim of this study is to contribute to the researches, which will be carried out to determine the provision of products containing ḥarāmelements. As the production is carried out on an industrial scale, such studies are important today in terms of the establishment of “ḥalāl” sensitivity and meeting the needs of people who have this sensitivity to learn the provision of such products.SummaryNowadays, in various sectors, especially food, feed, cosmetics, health and clothing industries, for the purposes of reducing the cost of the product, extending the shelf life, making the product more attractive in terms of color, consistency and aroma, many substances are added to the main material. The fact that some of the substances added are ḥarām(forbidden) such as blood, lard, pest, and ethyl alcohol require the subject to be considered in terms of fiqh. It is important to clarify two issues in order to reach a healthy result in the studies aiming to determine the provision (ḥukm) of the products that are mixed with najis(impure) substance. One of them is the determination of the level of istihlāk(physical change) in the mutanajjis(contamination) things. The second is the determination of the basic principles to be used in determining the provision of the things which najāsahhas undergone the physical change in. In this study conducted within the scope of this purpose and method, the hadīthsrelated to two different issues that are directly related to the subject have been evaluated as the basic textual basis. These are narrations about the cleanliness and pollution status of the contaminated water, and about the availability of fats and oils, which the dead mouse is seen in. It is stated in the narrations about the condition of the water that najāsah involved in, the water will not be najisunless its smell, taste or color changes because of the falling najāsahin it. According to this hadith, which shows the change of description as a measure, the fuqahāʾ(jurists) came to a consensus on the fact that water, which one of its characteristics changed because of najāsahwould be considered mutanajjis. When thishadithis evaluated together with the narrations that indicate the small amount of water is contaminated because of najāsah, in fact, it is seen that while the water is considered to be clean-najis, the situation of the water being affected from najāsahis taken as the basis and aimed to protect human health against the dirty water. At the time when there were not any one of today's microbiological analysis laboratories, the way to understand the pollution status of water was to see if the smell, color and taste of the water changed while taking the amount of the water into account. Since the rate of foreign matter in the water, the level of pollution and the health status of the water can be determined correctly in the laboratory today, operating the modern techniques as well as the measure of qualification change will be appropriate for the purpose of the hadīthsmentioned.In the narrations about the state of the fat, which the dead mouse is found in, it is seen that different operations are requested depending on the fat being solid or liquid. If the fat is liquid, different instructions have been made such as its being poured or used in lighting. Mālikīs, Shāfiʿīs, and Ḥanbalīfaqīhs (jurists) of the first period have ruled that liquids such as vinegar, milk and honey are mutanajjis, whether they are in little quantity or not, and whether their descriptions are changed or not, claiming that the amount of oil and the degree of impact on the dirt is not declared in the hadīths. The Ḥanafīs adopted the provision in the narrations mentioned pointing to a small amount of liquid oil and considered the measure of description change for a large amount of liquid valid. Ẓāhirīs, Ibn Taymiyyah and some of the faqīhsargued that the liquids which one cannot feel the color, taste or smell of the najāsahin are clean, regardless of the amount.These three approaches are open to criticism because the first is limited only to the literal meaning in the narrations and neglects the aims, and the second ignored the non-water fluids’ ability to hide the descriptions of the substance added to them, and the third evaluates the mustahlak substance (that has undergone a physical change) as if it had been istiḥālah(chemically changed). When the narrations related to the subject are examined, it is understood that while the usage of the liquid fat which the dead mouse was seen in as the food was prohibited, in fact, it was based on the foresight that all of the fat is affected by the mouse. It appears to have been ruled out that only the part polluted is the part affected by thenajāsahfor the fact that after the removal of the mouse and the environment from the solid oil exposed to the same contamination, the rest is allowed to be eaten. According to this, it is possible to say that the measure of mutanajjisin the things that affected by najāsahis in the degree of spreading of najāsah.Nowadays it is possible to determine the presence of najisthings in the main material, which is used as additive or addition, by the level of effect of these substances in the product, as well as by the assays. If the najissubstances used for purposes such as brightness, taste, consistency and extending shelf life, perform the expected functions, it means that they protect their presence in the product effectively. In fact, it should be acknowledged that these substances continue to exist effectively in the product, if they perform the targeted function without any chemical change, even the ratio in the product is low or the color, taste and odor are eliminated during the mixture.The faqīhswhile differed in opinion about the mutanajjisof things that the najāsahhad undergone physical changes in, they, in concert, considered the substances, which were not cleaned or could not be cleansed from which that they accept as mutanajjisby their own measurements, khabīs(disgusting), and have accepted the people’s eating of them as ḥarām. Likewise, they did not allow such things to be used in any way touching the body, clothing and containers. They have evaluated the narrations, which requires the spilth the fat that the dead mouse was seen in, as the main basis in this issue. On the other hand, about the use of the mutanajjisthings outside the human consumption area and in such a way that the clothes and body would not be contaminated; the majority of thefaqīhs preferred the mubāḥ provision. They have put forth the narrations as the basis that recommends the usage of the liquid oil in which the mouse was fallen in lighting. These approaches of the fuqahāʾabout the effect of the istihlākon the provision of making use of the things that affected by najāsahare of worth as the basic principles on the subject. It is possible to say that it is not permissible to consume food products containing lard or pork gelatin, and the chicken that has been torn apart while being left in hot water in order to pluck its feathers, and the egg which becomes mutanajjisfor it is boiled up with thenajāsahon, and the using of cosmetic products containing lard when today’s industrial products are evaluated in accordance with these principles. If taken the general opinion that defends that the ethyl alcohol is najis as the basis, the carbonated soft drinks, which are added to alcohol, can also be evaluated in this context. (shrink)

Introduction -- What and how can we learn from the Quran: a critical rationalist perspective -- A critical rationalist approach to religion -- A critical assessment of the programmes of producing "Islamic science" and "Islamisation of science/knowledge" -- Faqih as engineer: a critical assessment of fiqh's epistemological status -- A critical assessment of the method of interpretation of the Quran by the Quran, in the light of Allameh Tabatabaei's Tafsir al-mizan -- The disenchantment of reason: an anti-rational trend in (...) modern Shiʻi thought- the Tafkikis -- Islamic philosophy: past, present, and future -- Doctrinal certainty: a major contributory factor to "secular" and "religious" violence in the political sphere -- Islam, Christianity, and Judaism: can they ever live peacefully together? -- The shape of the coming global civil society: suggestions for a possible Islamic perspective. (shrink)

One of the most influential of the Victorian philosophers, Henry Sidgwick also made important contributions to fields such as economics, political theory, and classics. An active promoter of higher education for women, he founded Cambridge's Newnham College in 1871. He attended Rugby School and then Trinity College, Cambridge, where he remained his whole career. In 1859 he took up a lectureship in classics, and held this post for ten years. In 1869, he moved to a lectureship in moral philosophy, the (...) subject where he left arguably his greatest mark when he produced this work, regarded as his masterpiece. Published in 1874, the book argues the utilitarian approach to ethics, and a systematic and historically sensitive approach to ethical research that influenced utilitarian philosophers well into the twentieth century. It remains a valuable introduction to the philosophy, practice and history of ethics. This reissue includes the 1877 supplement. (shrink)

Introduction -- Ethics and politics -- Ethical judgments -- Pleasure and desire -- Free will -- Ethical principles and methods -- Egoism and self-love -- Chapter viii-intuitionism -- Good -- Book II: Egoism -- The principle and method of egoism -- Empirical hedonism -- Empirical hedonism (continued) -- Objective hedonism and common sense -- Happiness and duty -- Deductive hedonism -- Book III: Intuitionism -- Intuitionism -- Virtue and duty -- The intellectual virtues -- Benevolence -- Justice -- Laws (...) and promises -- Classification of duties. truth -- Other social duties and virtues -- Self-regarding virtues -- Courage, humility, etc. -- Review of the morality of common sense -- Motives or springs of action as subjects of moral judgment -- Philosophical intuitionism -- Ultimate good -- Book IV: Utilitarianism -- The meaning of utilitarianism -- The proof of utilitarianism -- The relation of utilitarianism to the morality of common sense -- The method of utilitarianism -- The method of utilitarianism (continued) -- Concluding chapter: The mutual relations of the three methods. (shrink)

This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using 'ulamā's methodology. This (...) research study used an Islamic law methodology (uṣūl al-fiqh) approach. This study concluded that the Shaḥrūr's thinking in understanding the sources of contemporary Islamic law is not comprehensive and less of combination among sources and propositions used by 'ulamā. Etymology understanding is most dominant in his methodology. In addition, there are some misunderstandings on Islamic law concepts raised by 'ulamā. CONTRIBUTION: This research enriched the study of contemporary Islamic law in responding to challenges of different times. Shaḥrūr offered a new paradigm that in al-Quran, the laws have certain limits and they should not be violated. The sunnah was divided into two parts, the changing and the unchanging. Qiyas is an analogy with the problems that happen now with those that happened in the past. And ijma is an agreement from people who have authority in certain matters. (shrink)

Method of Medicine, a systematic and comprehensive account of the principles of treating injury and disease and one of Galen's greatest and most influential works.

Until not too many years ago, all logics except classical logic (and, perhaps, intuitionistic logic too) were considered to be things esoteric. Today this state of a airs seems to have completely been changed. There is a growing interest in many types of nonclassical logics: modal and temporal logics, substructural logics, paraconsistent logics, non-monotonic logics { the list is long. The diversity of systems that have been proposed and studied is so great that a need is felt by many researchers (...) to try to put some order in the present logical jungle. Thus Cl91], Ep90] and Wo88] are three recent books in which an attempt is made to develop a general theoretical framework for the study of logics. On the more pragmatic side, several systems have been developed with the goal of providing a computerized logical framework in which many di erent logical systems can be implemented in a uniform way. An example is the Edinburgh LF( HHP91]). (shrink)