The article argues that a critical encounter with pre-modern literatures from the national past is long overdue under the impact of a globalized discourse of sexuality. Its effects are already felt at the level of both pedagogy and literary reading, one reconstituting the other, in the ‘global classroom’, a self-conscious pedagogical space imagined by the new educational policy to bring about a globally accredited cultural homogeneity. The case study comes from teaching erotic poetry at an Indian university, from the joint (...) literary complex of Hindi and Urdu in South Asia, a theme uncomfortably located in national culture not just because of its sexuality but its association with non-national linguistic elements which the article terms ‘Indo-Islamic’. The overlapping of the sexual modern with the Indo-Islamic resurfaces a tension in the nationalized body of literary writing in Hindi/Urdu, the major ‘national’ languages of South Asia. This encounter of erotic poetry in old Hindi and Urdu with globalized sexuality, the article shows, offers a chance to reflect on how literary studies are being reshaped by the assumptions of a monolingual, monocultural global sexuality in our nationalist times. (shrink)

This article links three rarely considered dimensions related to the implementation of artificial intelligence (AI)-based technologies in the form of predictive policing and discusses them in relation to liberal democratic societies. The three dimensions are the theoretical embedding and the workings of AI within anomic conditions (1), potential normative disorders emerging from them in the form of thinking errors and discriminatory practices (2) as well as the consequences of these disorders on the psychosocial, and emotional level (3). Against this background, (...) AI-induced anomie is conceptualized as a field of tension that refers to a systematic deterioration of democratic norms that are supposed to create ‘normative orders’, but which, when implemented through AI-supported measures, can reproduce existing discriminations, and establish new kinds of discriminatory relations. In future, these AI-based measures have the potential to lead to opposing normative disorders by emerging in the form of false social norms to an equally false Second Nature. They deprive persons involved of the possibility of individual appropriation of social norms and the specific emotional development associated with it. (shrink)

Jaina canonical text, on the six essentials of personal ethics, constructed from the Agamic texts and allied literature in Old Gujarati and Sanskrit; with autocommentary chiefly in Old Gujarati.

This article is about the 829/1426 charitable trust deed of the Gawhar Shād Mosque and its social and economic implications. The deed was for a public-private trust : the private aspect advanced Gawhar Shād’s family interests, while the public aspect promoted the commonweal, being income for the Shiʿi shrine-complex of Imām Riżā, the Gawhar Shād Mosque, and the Sunni shrine-complex of Aḥmad-i Jām; funding for the maintenance of hydrological systems; increasing agricultural production and employment; and increasing revenues to the Timurid (...) fisc. The Persian text, an annotated translation, and a map of certain endowed blocks are included. (shrink)

Reviewer: Ramizah Wan Muhammad, Associate Professor, Departmentof Islamic Law, Ahmad Ibrahim Kulliyyah of Laws, InternationalIslamic University Malaysia. Email: [email protected].

The Internet furore over Intel’s flawed Pentium chip provides an important case study of the ethical ambiguity of internet communications and the legitimacy of certain forms of “electronic activism”. Joseph Badaracco, Jr., is John Shad Professor of Business Ethics at the Harvard Business School and his co‐author is a former Research Associate at Harvard and currently on the editorial staff of Inc. magazine.

Unlike Hanafī jurists, most of the jurists maintain that qiyās is permissible (jāʿiz) for the origins (aṣl) in which the qiyās rule is invalid, including ruhsat (permission); kaffarah (expiation) and ḥadd (penalties). Shāfiʿī jurists, Imam al-Shāfiʿī and his followers like al-Juwaynī, argue that Hanafī jurists are contradictory since they apply qiyās in many cases despite their judgment that qiyās is invalid, and on the contrary they defend that these are derived from the literal interpretation techniques out of qiyās format. Nevertheless, (...) Shāfiʿī jurists persist that they rule on the qiyās applications through Islamic jurisprudence inference methods (istinbāt) such as Islamic juristic preference (istiḥsān), even beyond qiyās. In his sense of search effective cause: ʿilla (taʿlil), al-Juwaynī focuses on the proper meaning/suitability (munāsaba). He runs the mechanism of taʿlil even in the presence of the deepest proper meaning. He customizes the formulation of the suitability (munāsaba)/proper meaning for the origins in which the qiyās’ rule is invalid. Kaffarah and ḥadd consequently expand the validity area and minimize the restricted area for qiyās. Al-Juwaynī’s approach agrees to his rational personality as well as the value that he appreciates for qiyās. In this paper, the aim of study is to identify the borders and limitations of qiyās in al-Juwaynī’s thought with discussions about the disagreements between the jurists in the specified areas.Summary: As a general principle, devoting (taʿabbud) is the foundation for jurisprudence for al-Imām al-Shāfiʿī and reasoning (taʿaqqul/taʿlīl) for Abu Hanīfa. Despite this, Abu Hanīfa and Hanafī jurists consider non-qiyās foundations (ma’dul bih ‘anil-qiyās) including the quantified ordinances (muqaddarāt/taqdīrat) and ruhsat (permission) as well as kaffarah (expiation) and ḥadd (penalty) as the banned areas for the analogy (qiyās) and profess that qiyās cannot be applied in these areas. It may be contradictory that they state in one hand that the foundation of rulings is taʿaqqul, and on the other hand, bars the above-mentioned areas for qiyās. On the contrary to their general approach, Shāfiʿī jurists, in particular, argue that it is untrue to absolutely exclude use of analogy in those areas, which are rather open to qiyās. Al-Imām al-Shāfiʿī and one of his followers, al-Juwaynī, describe that Hanafī jurists’ applications do not jibe with their principles so that they do refer the inference methods (istinbāt) (e.g. juristic preference: istiḥsān), furthering qiyās although they take qiyās as illicit in kaffarah and ḥadd. However, Hanafī jurists defend that they are not in a contradiction, and indeed they do not apply qiyās in kaffarah and ḥadd and derive their illations mostly from textual implications (dalālah) that are mostly out of qiyās format such as tanqīh al-maʿnā (isolating ʿilla), istidlāl, and dalālah al-naṣṣ (inferred meaning). As understood from the relevant arguments, applying qiyās in these areas is directly associated with the issue of potentiality for “the analogy in reason.” The type of qiyās that Hanafī jurists consider illicit in kaffarah and ḥadd is the analogical actions made for the reasons. One of the most rationalist representatives of Shāfiʿī uṣūl, al-Juwaynī pronounces that the method to determine ʿilla (cause) is fundamentally the suitability (munāsaba) that can be defined as “rational compatibility.” In his opinion, the ratiocination (taʿlīl) is based on this suitability. According to him, the indications of qiyās will be clear or it becomes practicable even in the presence of low-level, implicit suitability. Al-Juwaynī considers that it is licit to apply the analogy for the kaffarah and ḥadd as well as the non-qiyās foundations, including ruhsat and muqaddarāt or taqdīrat, whether direct or explicit (i.e. the meaning of analogy: qiyās al-maʿnā) or indirect or implicit (i.e. the commonality of analogy: qiyās al-shabah). In this context, one of Juwayni’s concern is “the matter of inherence in textual sources such as naṣṣ or the Qur’ān and the Sunna),” corresponding to the area where the judgment is based on a specific reason by naṣṣ. For him, a number of reasonable meanings can be inferred in these areas when it is critiqued independent of the uttered words. But the inherence mentioned in the texts of naṣṣ, indicates to avoid the use of analogy for making a judgment. Al-Juwaynī asserts that some fractional elaborate or detailed meanings cannot be obtained for physical prayers and only a set of universal meanings can be imagined. He defines that it is permissible to compare the reasons of physical worshipping with each other when any suitable meaning is present. He considers that for the permissibility of qiyās in ruhsat, it is adequate to find a meaning suitable for the judgment, and besides, the commonality of analogy (qiyās al-shabah) is applicable in the area of muqaddarāt or taqdīrat. Nevertheless, a patient’s condition is similar to that of a traveller in terms of ruhsat for not fasting (ṣavm). In al-Juwaynī’s way of thinking, patients should act like travellers for ruhsat to shorten (qaṣr) the prayers (ṣalāh) due to “requiring” as a proper meaning. However, as mentioned by al-Juwaynī, there is a consensus (ʿijmā or ittifāq) on the fact that a patient cannot shorten his or her prayers. Due to this impediment, it is understood that the rule of shortening their prayers (ṣalāh) is permissible for travellers but not for patients (manʿ al-ʿijmā’).In criminal cases, the right of oath before the court is belonging to the defendant, whereas to the claimant in kasāme, an oath method in unidentified murders. Taking an oath from the claimant is merely inherent to the kasāme application. Al-Juwaynī states that this inherence is known by the principle of being inherent to each circumstance (iḥtisās bi-l hāl), and with this aspect, kasāme is a closed area for qiyās. According to al-Juwaynī, contracts are suitable for qiyās because they have conditions such as offers and agreements explicitly stating the quality and quantity, and mutual assent. He describes that these are the reasons unavailable for qiyās with respect to their characteristics. With this, the contracts are among the reasonable sources in one respect and the unreasonable in another respect. Consequently, al-Juwaynī suggests that the analogy loses its functionality or validity in a limited number of the closed areas for qiyās, which are the static devotional judgments (taʿabbud) having no proper meaning, direct or indirect, or explicit or implicit; the areas where the judgment is made inherent to a specific reason by the naṣṣ (ihtisās bi-l-nass) (as in the example that sacrificing a female goat at the age of less than one year is a specific judgment for Burde b. Niyār). The point leads to the judgment is made inherent to a specific reason by the principle of ihtisās bi-hāl; and banned ʿijmā issues (as in the example of ʿijmā that it is agreed on the fact that patients cannot shorten (qaṣr) their prayers (ṣalāh), unlike travellers. Al-Juwaynī sees the application of qiyās as licit based on the availability of suitable meaning in all areas except for the above-mentioned issues. That he minimizes the closed areas for qiyās and widely expands the functionality of analogy is the reflections of the value that he gives to qiyās. (shrink)

In moral philosophy the problem of virtue has been neglected for a long time. The renaissance of the ethics of vitrues goes back to the 60ies. It had shad light on many problematic issues of the ethic of rules, i. e. of deontologism and utilitarism, and presented itself as an alternative approach. Instead of the question "How should we act?" it focused on the question of the moral subject, i. e. on the problem of moral chracter. The paper examnies some (...) of the problems of the ethics of virtues. It deals with various definitions of the concept of virtue, as well as with the question wether it is to compete with the ethics of rules, or it is more probable today, that the two will enrich one another. The author also asks, whether the ethics of virues is still a valid ethical theory in our times. (shrink)

The Internet furore over Intel’s flawed Pentium chip provides an important case study of the ethical ambiguity of internet communications and the legitimacy of certain forms of “electronic activism”. Joseph Badaracco, Jr., is John Shad Professor of Business Ethics at the Harvard Business School and his co‐author is a former Research Associate at Harvard and currently on the editorial staff of Inc. magazine.

For decades American sociologists maintained that due to the elimination of their ancestral heritage under slavery, African-American shad no ethnic culture. Social segregation was due to poverty rather than racial prejudice. Social theorist Robert Blauner contests this view. The theory that black culture is only a lower class life-style is flawed because it ignores the culture-producing effects of racism which is the basis for a distinctive African-American culture. Following Blauner, this paper argues that racism is a more complex phenomenon than (...) discrimination because it asserts a type of inferiority that is not diminished by economic participation in the dominant culture. Racism encourages recurring social separations that set limits to assimilation. This paper also draws upon the work of Davis, Hacker and Winant to demonstrate how the bipolar construction of racial identity characteristic of racial relations in the United States precludes full social assimilation. (shrink)

For decades American sociologists maintained that due to the elimination of their ancestral heritage under slavery, African-American shad no ethnic culture. Social segregation was due to poverty rather than racial prejudice. Social theorist Robert Blauner contests this view. The theory that black culture is only a lower class life-style is flawed because it ignores the culture-producing effects of racism which is the basis for a distinctive African-American culture. Following Blauner, this paper argues that racism is a more complex phenomenon than (...) discrimination because it asserts a type of inferiority that is not diminished by economic participation in the dominant culture. Racism encourages recurring social separations that set limits to assimilation. This paper also draws upon the work of Davis, Hacker and Winant to demonstrate how the bipolar construction of racial identity characteristic of racial relations in the United States precludes full social assimilation. (shrink)