Intimate partner violence is an important problem that has significant detrimental effects on the wellbeing of female victims. The chronic physical and psychological effects of intimate partner violence are complex, long-lasting, chronic, and require treatments focusing on improving mental health issues, safety, and support. Various psycho-social intervention programs are being implemented to improve survivor wellbeing. However, little is known about the effectiveness of different treatments on IPV survivors' wellbeing. For this purpose, we conducted a systematic review and meta-analysis to assess (...) the effectiveness of interventions on improving outcomes that describe the wellbeing of adult female survivors of IPV. We searched PubMed, PsycINFO, and Cochrane Library. We explored the effectiveness of available interventions on multiple outcomes that are critical for the wellbeing of adult female victims of IPV. To provide a broad and comprehensive view of survivors' wellbeing, we considered outcomes including mental health, physical health, diminishing further violence, social support, safety, self-efficacy, and quality of life. We reviewed 2,770 citations. Among these 25 randomized-controlled-study with a total of 4,683 participants met inclusion criteria. Findings of meta-analyses on interventions indicated promising results in improving anxiety [standardized mean difference −7.15, 95% confidence interval −8.39 to −5.92], depression, safety, violence prevention, health, self-esteem, social support, and stress management at the post-test. We found that empowerment plays a vital role, especially when treating depression and Post-Traumatic Stress Disorder, which are difficult to improve across interventions. We found mixed findings on self-efficacy and quality of life. The effects of IPV are long-lasting and require treatments targeting co-morbid issues including improving safety and mental health issues. (shrink)

Early life stress precedes alterations to neuro-immune activation, which may mediate an increased risk for stress-related psychiatric disorders, potentially through alterations of central kynurenine pathway metabolites, the latter being relatively unexplored. We hypothesized that ELS in a non-human primate model would lead to a reduction of neuroprotective and increases of neurotoxic KP metabolites. Twelve adult female bonnet macaques reared under conditions of maternal variable foraging demand were compared to 27 age- and weight-matched non-VFD-exposed female controls. Baseline behavioral observations of social (...) affiliation were taken over a 12-week period followed by the first cerebrospinal fluid sample. Subjects were then either exposed to a 12-week repeated separation paradigm or assigned to a “no-RSP” condition followed by a second CSF. We used high-performance liquid chromatography for kynurenine, tryptophan, 5-hydroxyindoleacetic acid, kynurenic acid, and anthranilic acid as a proxy for quinolinic acid determination. At baseline, social affiliation scores were reduced in VFD-reared versus control subjects. CSF log KYNA and log KYNA/KYN ratio were lower in VFD-reared versus control subjects. CSF log KYNA/KYN was positively correlated with CSF log ANTH in VFD only. Controlling for log KYNA/KYN, log ANTH was elevated in VFD-reared subjects versus controls. CSF log KYNA/KYN obtained post-RSP was positively correlated with mean social affiliation scores during RSP, specifically in VFD. ELS is associated with a reduced neuroprotective and increased neurotoxic pathway products. That the two contrasting processes are paradoxically correlated following ELS suggests a cross-talk between two opposing KP enzymatic systems. (shrink)

Contributions in the concept of the divine; influence; Islamic philosophy.

Cognitive Science, Volume 46, Issue 7, July 2022.

Sharīf Kāshānī, Ḥabīb Allāh, -1921 or 1922 ; Persian poetry- 20th century ; Sufi poetry, Persian- 20th century.

In recent years, there has been an increase in the adoption of Shari’a in Europe and North America as an arbitration protocol for the resolution of potential contractual disputes. In a largely secular Western business environment, this reality raises corporate policy implications for business organizations. In particular, questions are raised about whether Shari’a is by nature too unpredictable—and too dismissive of women’s rights—to be properly and ethically permitted by Western companies as a possible dispute resolution alternative. This article (...) examines the dynamics and factors that are involved as corporate managers decide whether Shari’a arbitration ought to be banned entirely from contractual negotiations. Arguments for and against the inclusion of a Shari’a arbitration clauses in commercial contracts and contract negotiations are presented. The article concludes that while managers should exercise great prudence and consider the moral implications of negotiating arbitration clauses, an organizational ban of the use of faith-informed arbitration generally, or Shari’a in particular, would be neither morally required nor optimally serve the interests of the organization or its stakeholders. (shrink)

Three of the articles included in this issue of the Journal of Medicine and Philosophy - Ron Amundson and Shari Tresky's "On a Bioethical Challenge to Disability Rights"; Rachel Cooper's "Can It Be a Good Thing to Be Deaf?"; and Mark T. Brown's "The Potential of the Human Embryo" - interact (in various ways) with the concepts of disability, humanity, and personhood and their normative dimensions. As one peruses these articles, it becomes apparent that terms like "disability," "human being," (...) and "person" carry with them great normative significance. There is, however, much disagreement concerning both the definition and the extension of such terms. This is significant because different terms and definitions are associated with different sets of normative requirements. In what follows we reconstruct the argument of each of the articles, and then offer some brief critical analysis intended to stimulate further thought about and discussion of the issues that each raises. (shrink)

al-mujallad al-awwal. al-Qayim al-īmānīyah wa-al-qiyam al-ijtimāʻīyah -- al-mujallad al-thānī. al-Qiyam al-akhlāqīyah -- al-mujallad al-thālith. -- al-Qiyam al-siyāsīyah wa-al-idārīyah wa-al-qiyam al-iqtiṣādīyah -- al-mujallad al-rābiʻ. al-Qiyam al-ʻilmīyah wa-al-qiyam al-ṣiḥḥīyah wa-al-bīʼah wa-al-qiyam al-wajdānīyah wa-al-jamālīyah.

al-Juzʼ al-awwal. al-Taʼsīs al-Qurʼānī al-muʻāṣir li-ʻilm uṣūl al-fiqh al-muqāran, dirāsah istiqrāʼīyah fī al-manjhaj wa-al-athar al-qānūnī -- al-Juzʼ al-thānī. Handasat al-insān al-qānūnī, dirāsah iṭārīyah fī mutatāliyat al-muthul wa-taṭwīʻ al-insān al-muntaẓim -- al-Juzʼ al-thālith. Tiknūlūjyā al-taʻāẓum al-insānī, ruʼyah fikrīyah iṭārīyah fī al-handasah wa-ṣināʻat al-insān al-qānūnī -- al-Juzʼ al-rābiʻ. al-Lā yaqīn al-ẓarfī, dirāsah fī al-masārāt al-falsafīyah al-ʻilmīyah wa-al-qānūnīyah lil-zamakān -- al-Juzʼ al-khāmis. Lughat ṣināʻat al-naṣṣ al-qānūnī, dirāsah fī al-naẓarīyah wa-al-taṭbīq -- al-Juzʼ al-sādis. Ibtikār al-manhaj al-qānūnī bayna al-usus al-ʻilmīyah wa-al-taṣawwurāt al-naẓarīyah wa-al-ʻilmīyah -- al-Juzʼ (...) al-sābiʻ. al-istidlāl al-istiqrāʼī li-qānūn al-mustaqbal fī al-nānū tiknūlūjī -- al-Juzʼ al-thāmin. Naẓarīyāt muʻāṣirah fī ḍawʼ al-manhaj al-Sanhūrī lil-ʻalāqah al-baynīyah lil-qānūn wa-al-sharīʻah -- al-Juzʼ al-tāsiʻ. al-Ḥayāh al-shakhṣīyah wa-al-mawt, naẓarāt qānūnīyah falsafīyah fī al-mafhūm, al-tamyīz, al-miʻyār -- al-Juzʼ al-ʻāshir. Falsafat al-qānūn fī ʻālam al-ḥadāthah wa-mā baʻda al-ḥadāthah. (shrink)

Commentary on Quwaysinī's commentary on Akhḍarī's work titled the Sullam al-muawraq on logic.

Sadr al-Sharīʿah (d. 747/1346) is one of the theologians representing the later period of the Māturīdī kalām. He based his system of thought on his criticisms of Avicenna, al-Rāzī, and Ṭūsī. His criticism of these names stems from his own understanding of being. He thinks differently from the theologians of the later period on issues such as the essence-existence division, the superaddition of existence to essence, and the acceptance of mental being, which are accepted by the majority of theologians of (...) the later period. His understanding of being in question also influenced his analysis of the idea of the wahdat al-wujūd. In the study, some aspects of the framework proposed by Muhammed Bedirhan will be given first. Then, in order to make sense of Sadr al-Sharīʿah’s criticism of wahdat al-wujūd, the major understandings of wahdat al-wujūd will be summarized briefly, and finally, Sadr al-Sharīʿah’s analysis of wahdat al-wujūd will be examined and clarified using Bedirhan’s framework. Although the framework has subheadings, it classifies criticisms into two categories: rationally-based and sharʻī-based objections. Rational objections are directed from the traditions of kalām and philosophy, while sharʻī-based objections come from Salafi thinkers, faqihs, and sufis. The framework is comprehensive in classifying criticisms against the theory of wahdat al-wujūd. This framework will clarify Sadr al-Sharīʿah’s approach, and the source of his criticisms should be identified. According to Bedirhan, the sufis’ theory is in conflict with the members of other schools in two aspects, practical and theoretical. While the first one considers sufism a religious state (ḥal), the second one is the point that shapes the view of other intellectual groups on sufism in terms of the fact that sufism is also a science. Bedirhan has based the theoretical conflict part of his framework on the triple classification of al-Jābiri: burhān, beyān and irfān. According to al-Jābiri’s classification, sufism, which is included under the title of irfān, deals with the previous two traditions mentioned. However, burhan and beyan traditions also offer their criticisms of the epistemological and ontological acceptances of the irfān tradition. Behind the criticism of the traditions of thought towards each other is the claim that the metaphysical theory of the opposite group is insufficient. According to the presented framework Sadr al-Sharīʿah’s criticisms can be considered within not only the kalām tradition but also the sufi tradition, because he is a sufi who accepts ittihād as one of the “sayr sulūk” degrees. Sadr al-Sharīʿah’s explains two proofs by which sufis defend their metaphysical theory, and also presents a counter-proof based on the verbal commonality of sense knowledge and being. He also aims to point out the weakness of the metaphysical theory of sufis with the view that the idea of ittihād is unique to a certain degree. By mentioning Sadr al-Sharīʿah’s criticisms and explanations of wahdat al- wujūd, the study identifies Sadr al-Sharīʿah’s stance on the rational and sharʻī-based objections. (shrink)

Post-classical period witnessed intense debates on aspects of the Avicennan theory of science. Among them one set of discussions concerned the issue of subject matter (mabāhith al-mawdūʿ) in a science. They were raised by Ṣadr al-Sharīʿa (d. 747/1346) in the introduction of his al-Tawḍīh, a commentary on his legal theory text al-Tanqīḥ. Therein, he raised three questions: (1) whether the subject matter of a science can be multiple, (2) what restricting subject matter of a science means, and (3) whether one (...) thing can be the subject matter of multiple sciences. Taftāzānī (d. 792/1390), a proponent of the Avicennan theory, objected to Ṣadr al-Sharīʿa’s positions in his al-Talwīḥ, the most well-known supercommentary on al-Tawḍīh. The paper analyzes this debate on the issue of subject matter in sciences, and thus sheds light on the reception of an important aspect of the Avicennan theory of science in the postclassical period. (shrink)

Total quality; commerce; economics; religious aspects; Islam; Islamic ethics.

Arabic translation Sayyid al-Sharīf al-Jurjānī'l letter on logic translated by the recipient, his son, Ibn al-Sharīf al-Jurjānī.

Ṣadr al-Sharīʿa al-Thānī al-Maḥbūbī (d. 747/1346) was the last major Māturīdī theologian of Transoxania. As he left no work of rational theology (kalām) proper, one of the chief sources of his theological thought is his book on legal theory, al-Tawḍīḥ fī ḥall ghawāmiḍ al-Tanqīḥ. Because the work served as a prominent reference for both legal theory and rational theol­ogy, an extensive commentary tradition on it emerged as it was transmitted from Transoxania to South Asia, Anatolia, and the Arab world. A (...) distinctive subfield of this commentary tradition consisted of glosses devoted exclusively to one specific section of al-Tawḍīḥ. Revolving around the nature of good and evil, and intimately linked to the question of human free will, this part of Ṣadr al-Sharīʿa’s text came to be treated as a separate work, commonly referred to as al-Muqaddimāt al-arbaʿ (“The four pro­legomena”). Due to its role as a highly sophisticated refutation of late Ashʿarī doctrine on human volition, al-Muqaddimāt al-arbaʿ eventually developed into a prime source for later Māturīdī scholars in their discussion of human volition and related topics. (shrink)

Dâwûd al-Qarisî (Dâvûd al-Karsî) was a versatile and prolific 18th century Ottoman scholar who studied in İstanbul and Egypt and then taught for long years in various centers of learning like Egypt, Cyprus, Karaman, and İstanbul. He held high esteem for Mehmed Efendi of Birgi (Imâm Birgivî/Birgili, d.1573), out of respect for whom, towards the end of his life, Karsî, like Birgivî, occupied himself with teaching in the town of Birgi, where he died in 1756 and was buried next to (...) Birgivî. Better known for his following works on Arabic language and rhetoric and on the prophetic traditions (hadith): Sharḥu uṣûli’l-ḥadîth li’l-Birgivî; Sharḥu’l-Ḳaṣîdati’n-nûniyya (two commentaries, in Arabic and Turkish); Şarḥu’l-Emsileti’l-mukhtalifa fi’ṣ-ṣarf (two commentaries, in Arabic and Turkish); Sharḥu’l-Binâʾ; Sharḥu’l-ʿAvâmil; and Sharḥu İzhâri’l-asrâr, Karsî has actually composed textbooks in quite different fields. Hence the hundreds of manuscript copies of his works in world libraries. Many of his works were also recurrently printed in the Ottoman period. One of the neglected aspects of Karsî is his identity as a logician. Although he authored ambitious and potent works in the field of logic, this aspect of him has not been subject to modern studies. Even his bibliography has not been established so far (with scattered manuscript copies of his works and incomplete catalogue entries). This article primarily and in a long research based on manuscript copies and bibliographic sources, identifies twelve works on logic that Karsî has authored. We have clarified the works that are frequently mistaken for each other, and, especially, have definitively established his authorship of a voluminous commentary on al-Kâtibî’s al-Shamsiyya, of which commentary a second manuscript copy has been identified and described together with the other copy. Next is handled his most famous work of logic, the Sharhu Îsâghûcî, which constitutes an important and assertive ring in the tradition of commentaries on Îsâghûcî. We describe in detail the nine manuscript copies of this work that have been identified in various libraries. The critical text of Karsî’s Sharhu Îsâghûcî, whose composition was finished on 5 March 1745, has been prepared based on the following four manuscripts: (1) MS Kayseri Raşid Efendi Kütüphanesi, No. 857, ff.1v-3v, dated 1746, that is, only one year after the composition of the work; (2) MS Bursa İnebey Yazma Eser Kütüphanesi, Genel, No.794B, ff.96v-114v, dated 1755; (3) MS Millet Kütüphanesi, Ali Emiri Efendi Arapça, No. 1752, ff.48v-58r, dated 1760; (4) MS Beyazıt Yazma Eser Kütüphanesi, Beyazıt, No. 3129, ff.41v-55v, dated 8 March 1772. While preparing the critical text, we have applied the Center for Islamic Studies (İslam Araştırmaları Merkezi, İSAM)’s method of optional text choice. The critical text is preceded by a content analysis. Karsî is well aware of the preceding tradition of commentary on Îsâghûcî, and has composed his own commentary as a ‘simile’ or alternative to the commentary by Mollâ Fanârî which was famous and current in his own day. Karsî’s statement “the commentary in one day and one night” is a reference to Mollâ Fanârî who had stated that he started writing his commentary in the morning and finished it by the evening. Karsî, who spent long years in the Egyptian scholarly and cultural basin, adopted the religious-sciences-centered ‘instrumentalist’ understanding of logic that was dominant in the Egypt-Maghrib region. Therefore, no matter how famous they were, he criticized those theoretical, long, and detailed works of logic which mingled with philosophy; and defended and favored authoring functional and cogent logic texts that were beneficial, in terms of religious sciences, to the seekers of knowledge and the scholars. Therefore, in a manner not frequently encountered in other texts of its kind, he refers to the writings and views of Muhammad b. Yûsuf al-Sanûsî (d.1490), the great representative of this logical school in the Egyptian-Maghrib region. Where there is divergence between the views of the ‘earlier scholars’ (mutaqaddimûn) like Ibn Sînâ and his followers and the ‘later scholars’ (muta’akhkhirûn), i.e., post-Fakhr al-dîn al-Râzî logicians, Karsî is careful to distance himself from partisanship, preferring sometimes the views of the earliers, other times those of the laters. For instance, on the eight conditions proposed for the realization of contradiction, he finds truth to be with al-Fârâbî, who proposed “unity in the predicative attribution” as the single condition for the realization of contradiction. Similarly, on the subject matter of Logic, he tried to reconcile the mutaqaddimûn’s notion of ‘second intelligibles’ with the muta’akhkhirûn’s notion of ‘apprehensional and declarational knowledge,’ suggesting that not much difference exists between the two, on the grounds that both notions are limited to the aspect of ‘known things that lead to the knowledge of unknown things.’ Karsî asserts that established and commonly used metaphors have, according to the verifying scholars, signification by correspondence (dalâlat al-mutâbaqah), adding also that it should not be ignored that such metaphors may change from society to society and from time to time. Karsî also endorses the earlier scholars’ position concerning the impossibility of quiddity (mâhiyya) being composed of two co-extensive parts, and emphasizes that credit should not be given to later scholars’ position who see it possible. According to the verifying scholars (muhaqqîqûn), it is possible to make definition (hadd) by mentioning only difference (fasl), in which case it becomes an imperfect definition (hadd nâqis). He is of the opinion that the definition of the proposition (qadiyya) in al-Taftâzânî’s Tahdhîb is clearer and more complete: “a proposition is an expression that bears the possibility of being true or false”. He states that in the division of proposition according to quantity what is taken into consideration is the subject (mawdû‘) in categorical propositions, and the temporal aspect of the antecedent (muqaddam) in hypothetical propositions. As for the unquantified, indefinite proposition (qadiyya muhmalah), Karsî assumes that if it is not about the problems of the sciences, then it is virtually/potentially a particular proposition (qadiyya juz’iyyah); but if it is about the problems of the sciences, then it is virtually/potentially a universal proposition (qadiyya kulliyyah). This being the general rule about the ambiguous (muhmal) propositions, he nevertheless contends that, because its subject (mawdû‘) is negated, it is preferable to consider a negative ambiguous (sâliba muhmalah) proposition like “human (insân) is not standing” to be a virtually/potentially universal negative (sâliba kulliyyâh) proposition. He states that a disjunctive hypothetical proposition (shartiyya al-munfasila) that is composed of more than two parts/units is only seemingly so, and that in reality it cannot be composed of more than two units. Syllogism (qiyâs), according to Karsî, is the ultimate purpose (al-maqsad al-aqsâ) and the most valuable subject-matter of the science of Logic. For him, the entire range of topics that are handled before this one are only prolegomena to it. This approach of Karsî clearly reveals how much the ‘demonstration (burhân)-centered’ approach of the founding figures of the Muslim tradition of logic like al-Fârâbî and Ibn Sînâ has changed. al-Abharî, in his Îsâghûjî makes no mention of ‘conversion by contradiction’ (‘aks al-naqîd). Therefore, Karsî, too, in his commentary, does not touch upon the issue. However, in his Îsâghûjî al-jadîd Karsî does handle the conversion by contradiction and its rules. Following the method of Îsâghûjî, in his commentary Karsî shortly touches on the four figures (shakl) of conjuctive syllogism (qiyâs iqtirânî) and their conditions, after which he passes to the first figure (shakl), which is considered ‘the balance of the sciences’ (mi‘yâr al-‘ulûm), explaining the four moods (darb) of it. In his Îsâghûjî al-jadîd, however, Karsî handles all the four figures (shakl) with all their related moods (darb), where he speaks of fife moods (darb) of the fourth figure (shakl). The topic of ‘modal propositions’ (al-muwajjahât) and of ‘modal syllogism’ (al-mukhtalitât), both of which do not take place in the Îsâghûjî, are not mentioned by Karsî as well, either in his commentary on Îsâghûjî or in his Îsâghûjî al-jadîd. Karsî proposes that the certainties (yaqîniyyât), of which demonstration (burhân) is made, have seven, not six, divisions. After mentioning (1) axioms/first principles (awwaliyyât), (2) observata/sensuals (mushâhadât), (3) experta/empiricals (mujarrabât), (4) acumenalia (hadthiyyât), (5) testata (mutawâtirât), and (6) instictives (fitriyyât), that is, all the ‘propositions accompanied by their demonstrations,’ Karsî states that these six divisions, which do not need research and reflection (nazar), are called badîhiyyât (self-evidents), and constitute the foundations (usûl) of certainties (yaqîniyyât). As the seventh division he mentions (7) the nazariyyât (theoreticals), which are known via the badîhiyyât, end up in them, and therefore convey certainty (yaqîn). For Karsî, the nazariyyât/theoreticals, which constitute the seventh division of yaqîniyyât/certainties, are too numerous, and constitute the branches (far‘) of yaqîniyyât. Every time the concept of ‘Mughâlata’ (sophistry) comes forth in the traditional sections on the five arts usually appended to logic works, Karsî often gives examples from what he sees as extreme sûfî sayings, lamenting that these expressions are so widespread and held in esteem. He sometimes criticizes these expressions. However, it is observed that he does not reject tasawwuf in toto, but excludes from his criticism the mystical views and approaches of the truth-abiding (ahl al-haqq), shârî‘â-observant (mutasharri‘) leading sufis who have reached to the highest level of karâmah. (shrink)

The text of “The Four Premises” (Muqaddimāt al-Arba‘a), which began with Sadr al-Sharī‘ah (d. 747/1346), centralizes on the actions of human beings by connecting it with the problem of good and evil in the field of kalām, Islamic philosophy and logic, and fıqh. It was also commented in with incisive and critical footness by Sa‘d al-Dīn al-Taftāzānī (d. 791/1390). In Ĥāshiya ‘alā Muqaddimāt al-Arba‘a, al-Kastalī (d. 901/1496) discusses the two main issues. One of them is good/husn-evil/qubh, the other is human (...) actions. Good-evil dichotomy here is axiological, whereas the human actions are examined within an ontological structure. The quest for the origin of moral values is a husn-qubh debate. Identifying the hierarchy of human actions in ontology is another problem. The main purpose of this study is to investigate the theological discussions in the Ĥāshiya ‘alā Muqaddimāt al-Arba‘a which were written following the order of Sultan Mehmed the Conqueror/Fatih. This text addresses the origin of moral judgment and the question of freedom and destiny in human actions linked to the problem of good and evil. Discussing these two fundamental issues, has made it necessary to thoroughly investigate perhaps all the subheadings which concern the entire paradigm that falls under the framework of understanding the God, nature, and humanity. By looking at the treatise, the main sources of the issues being discussed are mostly generated from an Islamic jurisprudence works, entitled Tawḍīḥ and Talwīḥ. It can easily be discerned that the direct quotations that were made or taken indirectly were from these two sources. References to other sources were quite seldom. However, the excerpts that were taken from primary sources were interpreted and expounded by the author and amended anew. In this article al-Kastalī’s comments will be analyzed. He’s work Ĥāshiya ‘alā Muqaddimāt al-Arba‘a will be analyzed in depth and will be published for the first time with a critical edition. Text of Muqaddimāt al-Arba‘a is a product of a culture of criticism and critical thinking has two foundations: Disproval and verification. Critical thinking is then bidirectional. It is wrong to carry out the criticism activity in only one direction. It is insufficient to simply refute the opposing idea. It is not enough to show the wrong. The so-called right idea also needs to be justified. In the Tawdīh, Sadr al-Sharī‘ah criticizes al-Ashʿarī in the issues of husn-qubh and human actions. According to this criticism, good and evil should be based on the reason. On the other hand, human is free in his actions. As it is known, goodness and badness was based on religion according to al-Ashʿarī. Acquisition (kasb) given to man was unclear. It is al-Taftāzānī who wrote an annotation on Tawḍīḥ with the name of Talwīḥ. He’s comments are successful in terms of theology. However, these interpretations do not mean that he accepted the Muqaddimāt al-Arba‘a. In terms of al-Taftāzānī, proofs of Sadr al-Sharī‘ah is weak. The theological disputes in Tawḍīḥ and Talwīḥ have reached the level of tension in the following works. The origins of the divergence are based on the differentiation between the schools of al-Māturīdi and al-Ashʿarī. In fact, these schools are not different from each other in terms of the method they use. Although the roads walked were the same, the results achieved were different. The main reason for this is that the issue is ambiguous and the problem of good and evil is multidimensional. It is directly related to God and human. It is also connected with ontology and epistemology together. The position on the husn-qubh issue is also decisive for other theological problems. The root of the evil problem or theodicy is mostly based on this problem in Islamic thought. The actions of God and human are questioned here. The value judgments that actions will take are examined. Which action is more moral and better? Another major problem discussed in this article is human actions. It is a matter of freedom of human volition. The volition of man before the absolute God is a problem. Because God has absolute power, will and knowledge. On the other hand, God imposes responsibility on man. But what are the limits of this responsibility? Al-Kastalī discusses all these problems in the context of Sadr al-Sharī‘ah and al-Taftāzānī. In the big picture there are representatives of the schools of al-Māturīdi and al-Ashʿarī. Al-Kastalī doesn’t paint a new picture, rather makes the lines in the picture clear. In this article, the texts will be analyzed mutually. The content and uses of the concepts will be given importance. Ideas will be discussed from their main sources and the roots and different reach of the issues will be touched. The interactions of different schools of thought will also be included. (shrink)

The raison d'etre of this dissertation is the Muslim dilemma when confronted with some of the biotechnological innovations which relate to the precautionary measures to prevent the birth of children, technological manipulation in order to overcome infertility and the termination of fetal life. All of these issues are directly related to human life and thus pose serious problems. The Muslim is one whose life is regulated by the teachings of the Qur'an and Sunnah of the Prophet. Hence, his action is (...) considered proper or right if it conforms to their broad teachings and improper or wrong if it contra-dicts the very spirit of their teachings. This study is thus focused on the teachings of the Qur'an and the relevant ahadith pertaining to the beginning of human life, the sanctity of married life, and the sanctions for the termination of human life. The objective is to analyze the relevant injunctions and present them in a systematic way to prepare ground for the assessment of such biotechnological issues so as to ascertain their legality under the Shari'ah. ;In order to comprehend the ethical system envisaged by the Qur'an and Sunnah vis-a-vis the biomedical issues it is essential that we acquaint ourselves with the fundamental concepts pertain- ing to health care, medical treatment and medical ethics. Thereafter, a detailed discussion follows on reproductive control, biotechnical parenting and abortion. Each of these issues are elaborately analyzed in the light of the spirit and principles envisaged by the relevant injunctions. ;Proper grasp of the implications of these issues within the Islamic framework is expected to provide the perplexed Muslims with the necessary guidelines in the event that circumstances demand that they opt for either the contraceptive devices or the modern tech-niques to overcome infertility or abortion. (shrink)

This study will examine how Dāvūd al-Qarṣī, an 18th-century Ottoman scholar, resolved the paradox between human freewill and God being the creator of everything in his work Risālâh fi’l-ikhtiyārāt al-juzʾiyyah wa’l-irādāt al-qalbiyyah. In addition, in this study, the critical edition and translation of the risālah will also be provided. The treatise which is the subject of the present study is a link in the series of works written under the title of human acts in the Islamic thought tradition regarding al-irādah (...) al-juzʾiyyah, afʿāl al-ʿibād, khalq al-aʿmāl, qaḍā, and qadar. This risālah is one of the rare examples prepared with the method of “mamzūj annotation (sharḥ)”, which is a method in which “text” and “annotation” are intertwined. Qarṣī examines in detail a total of seven views, four of which are famous (mashhūr) and three of which are non-famous, about voluntary acts. Qarṣī interprets the approaches and views of the non-famous sects and includes them in the famous sects and allocates approximately 4/3 of the work to these sects. In the final stage of the work, the author states that the view of Māturīdīs is parallel with the predecessor’s (Salaf) view of “Neither jabr nor tafwīḍ; rather, it is merely a situation between these two approaches.” Qarṣī, who was inspired by Athīrī Maḥmad Afandī (d. 1092/1681), says that voluntary acts come about by the sum of “two powers (qudrat)”, “two wishes (mashīʾat)” and “one taqwīn”. Also, according to this, the first four of them are proximate causes, while the attribute taqwīn is the influencing factor. Qarṣī acts from the meanings of the term action (fiʿl) and the “theory of state (ḥāl)” in order to prove that human beings are true agents (fāʿil) on the one hand and to protect God’s attribute of creation on the other. In fact, the concept of “state (ḥāl)”, used in understanding divine attributes and some ontological issues, was applied to acts by the Māturīdī mutakallim Ṣadr al-Sharīʿa al-Thānī (d. 747/1346). Thus, a doctrine of action was developed, and this doctrine was accepted and used by the later period Māturīdī mutakallims. With reference to Ṣadr al-Sharīʿa, Qarṣī tries to justify the issue based on the meanings of the the term action and the modes of existence of these meanings. He says that action has two implications; one of them is the “infinitive meaning” (al-maʿnā al-maṣdarī) and the other is “the thing that comes with this infinitive meaning (al-ḥāṣıl bi-maṣdar)”. The infinitive meaning of the act constitutes the “non-thing aspect” of the action, and the meaning of the action that is created with the infinitive indicates “the thing aspect” thereof. Thus, because the aspect of the action that is not existentand therefore not a thing is not subject to creation, the agency and responsibility of human beings are grounded. Similarly, Qarṣī maintains that the mashīʾat, which means will, qaṣd and al-irādah al-juzʾiyyah, was not created because its existence in humans is in the form of succession and it is of a state-like (ḥāl) existenceOn this account. Qarṣī manages to preserve both human freewill and the absolute creativity of God due to the non-existent and non-thing aspect of the act on the one hand, and will (irādah), mashīʾat and qaṣd not being subjected to creation on the other. (shrink)

Qaside-i Khamriyya (meaning Wine Eulogy) of sufi poet Ibn-i Fārıḍ, in which he explained divine love through the metaphor of wine, attracted great attention in Islamic world and was translated into Arabic, Persian and Turkish. Scholars such as Davud-i Qayseri (d. 751 AH/1350 AD), Kemal Pashazāde (d. 940 AH/1534 AD), Abdulghani an-Nablusi (d. 1143 AH/1731 AD), Ibn Acibe (d. 1224 AH/1809 AD) explained this eulogy in Arabic, while poets such as Ali b. Shihābiddin al-Hamadāni (d. 786 AH/1385 AD), Molla Cāmi (...) (d. 898 AH/1492 AD), Idris-i Bitlisi (d. 926 AH/1520 AD) wrote commentaries in Persian. On the other hand, authors such as Abdussalam b. Numan b. Khalil (d. 1000 AH/1592 AD [?]), Ismail Anqaravi (d. 1041 AH/1631 AD), Abdulmacid-i Sivasi (d. 1049 AH/1639 AD), Qara Musṭafa Khulūsi (d. 1344 AH/1926 AD), Meḥmed Naẓım (d. 1345 AH/1926 AD) and Ṭahir al-Mavlavi (d. 1371 AH/1951 AD) translated the eulogy into Turkish. One of the authors who translators of this eulogy was Mehmed Said Efendi, sheikh of Uskudar Salimiya Takka, who lived in the 19th century. His work named Ṭarab-angiz (meaning Pleasure-provoking) is a condensed commentary with ornate prose of Qaside-i Khamriyya. In previous studies, Ṭarab-angiz was partly examined, and there was no mention about the identity and personality of the author. In the present research, the life and personality of Meḥmed Said Efendi is explained and the text of his work is examined.Summary: In Turkish literature which developed under the influence of Islam, translations and commentaries have important a place along with original texts. Coming within the sphere of Islam in early 10th century, Turks embarked on translating the texts immediately in order to learn their new religion and to perform its practices and continued to do so since then. Because they lived in the same culture and civilization climate, Turks learned Islam from Persians and were influenced by Persian language. However, adherents of this new religion also made direct translations from Arabic texts. The translations initially were made from religious works, but in time social, cultural and literary works, such as Persian classics and major eulogies of Arabic Literature, were also translated into Turkish by Turkish scholars. Qaside-i Burde by Ka‘b b. Zuheyr’in (d. 24 AH/645 AD), Qaside-i Nūniyye by Ebu’l-Fetḥ Busti’nin (d. 400 AH/1010 AD), Qaside-i Ṭanṭarāniyye by Ṭanṭarāni’nin (d. 485 AH/1092 AD), Qaside-i Münferice by Ibnu’n-Naḥvi’nin (d. 513 AH/1119 AD), Qaside-i Emāli by Ali b. Othman al-Ushi’nin (d. 575 AH/1179 AD) and famous eulogy named Qaside-i Bur’e by Muḥammed b. Said al-Buṣiri’nin (d. 695 AH/1296 AD) were among such works.Qaside-i Khamriyya by sufi poet Ibn-i Fārıḍ (d. 632 AH/1235 AD), also called sultan of minstrels, in which he explained divine love through wine attracted great attention in Islamic world and was translated into many languages and many commentaries were written on it. One of the commentary writers about this eulogy is Meḥmed Said Efendi, a 19th century sufi. His work entitled Ṭarab-angiz is a condensed commentary with ornate prose of Qaside-i Khamriyya.Studies conducted so far has partly dealt with the Ṭarab-angiz and identity and personality of Meḥmed Said Efendi have never been mentioned. Ṣarac mentioned, “It is a printed work but its writer, printing date, and the place was not found on the printed work”, while Yıldırım used the expression of “a work whose writer and production date is not known.” In his Ph. D. thesis entitled Translation and Commentary Tradition in Classical Turkish Literature in Anatolia, Ṣadık Yazar noted that the work belongs to Meḥmed Said, which was later cited by Aqdag. The final statement on this issue was made by İnce in his work entitled Arabic, Persian and Turkish commentaries of Qaside-i Khamriyya by Ibnu’l Fārıḍ. He examined a total of 18 commentaries and stated that no information is available about the life of Meḥmed Said although he mentioned Ṭarab-angiz.The birth date and place of Meḥmed Said Efendi are unknown. He is grandchild of Ali Behjet Efendi (d. 1238 AH/1823 AD), one of sheiks in Salimiya Dervish Lodge in Uskudar and son of Meḥmed Hidāyetullah Efendi (d. 1288 AH/1871 AD). Following the death of his father, Meḥmed Said Efendi himself served as the head dervish of this dervish lodge for 25 years and became a famous figure. He died in 1313 AH/1896 AD and was buried in the cemetery of the Salimiya Dervish Lodge.Meḥmed Said Efendi was the sixth sheikh of Salimiya Dervish Lodge. In many sources, he was mentioned as a venerable, righteous, devoutly religious, virtuous, polite and scholarly man. Meḥmed Said Efendi is thought to be a member of Mavlavi lodge of Naqshbandi Ṭariqa. He had successors such as Naqshi sheikh Uskudari Balabani Ḥasan Ḥusnu Efendi (d. 1347 AH/1928 AD) and Ismail Efendi (d. after 1307 AH/1890 AD). The poet had a commentary named Ṭarab-angiz in prose form and had a quatrain within the praising eulogy of Sheikh Ḥāmil Efendi (d. 1322 AH/1904 AD), head sheikh of Beylerbeyi Bedevi Dervish Lodge.It is clear from the expression, “A work by Meḥmed Said, the Imam of Central Dervish Lodge of Sultan Salim III,” at the beginning of Edition no: 450 in Suleymaniye Library, Pertev Pasha Collection and from the record of “Work: Ṭarab-angiz, Author: Ibnu’l-Fārıḍ, Translator and postscript writer: Meḥmed Said” in Edition no: 7350 of Marmara University Faculty of Theology Library that this work belongs to Sheikh Meḥmed Said Efendi. However, exact production date of this printed work is not known. The work consisted of 28 pages and in some editions a two-page correct-false chart was added.As usual, the work starts with an introduction section with expressions of “By the name of God, the Most Gracious, the Most Merciful,” “Praise be to God,” and “Peace be upon Prophet Moḥammad.” This section also includes a praise for followers of Prophet Moḥammad, “Who made sphere of prophecy an eternal rose garden through the holy light of their enjoyed manners in addition to making the Shari’a candle shined and and converting them to great flowers of service with their strong inspiration torchs.” The commentator then embarked on praising Qaside-i Khamriyya, mentioning that the men of ability became helpless in explaination of beauty, charm and freshness of unique expression richness and refined allegory blossoms of the eulogy and that reaching the shore of rhetoric could be possible through diving into the guided wisdom of sea. In fact, according to commentator, the men of literature should be aware of the difficulty of translating this unique eulogy into Turkish language. However, everyone should dive into the sea of insight as a knowledge diver, collect its share in pearls of utterance and in emeralds of wits, arrange and put them in the string of prose”. Therefore, he wrote the commentary about the eulogy as a service to humanity and as a contribution to his own stock of comfort in the present and afterlife as much as he could, no matter how little it could be, and named it Ṭarab-angiz. Like most commentators of Qaside-i Khamriyya, Meḥmed Said Efendi commented on only about 33 couplets of the eulogy which contained a total of 41 couplets, and did not cover couplets from 23 to 30 in his work. The commentator used couplet-by- couplet translation method and started with praising for Ibn-i Fārıḍ and his couplets. Then, he gives the Arabic originals of the couplets and starts commentary with the expressions such as “couplets of great intuition, imagery couplets, product of couplet, enlightenment of couplet and concept of couplet.” In preface section of the work, the commentator, who usually quoted hadith texts in Arabic and poems, does not use them in his commentary. He only uses some lines of Arabic prayers and a quatrain of Molla Cāmi (d. 898 AH/1492 AD). This is a quatrain rubāi in Persian language meaning that “If you want no sorrow and no grief of the destiny, drink wine in a pub, because swirling of the goblet and worries of the world do not share the same place just as the tune and the sorrow do not coincide.” The lack of touching on the meaning of words, etymological structure and grammar rules in couplets makes it different from others, except the translation of Aḥmed Ṣāfi Bey. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Les recours féminins en justice à Constantine ne sont pas rares à la fin du XVIIIème siècle. Cette contribution se propose de porter attention aux circonstances d'un recours de ce type au terme duquel le cadi prononce l'annulation d'un mariage. L'acte notarié qui en rend compte se prête à plusieurs niveaux d'analyse. On y peut lire une dénonciation des pratiques coutumières en vigueur dans l'espace urbain. On y peut voir également la façon dont des femmes font usage de la justice (...) du cadi en vue de défendre leur libre arbitre. Mais dans le même temps, la propension de celles-ci à faire valoir leur bon droit dans ce cadre, en contribuant à renforcer les attendus de la shari‘a, a pour conséquence de préserver la hiérarchie des catégories juridiques qui la fonde, et partant de perpétuer les rapports d'inégalité en droit entre les femmes et leurs pairs masculins. (shrink)

Les recours féminins en justice à Constantine ne sont pas rares à la fin du XVIIIe siècle. Cette contribution examine les circonstances d’un recours de ce type au terme duquel le qâdhî prononce l’annulation d’un mariage. L’acte notarié qui en rend compte se prête à plusieurs niveaux d’analyse. On y peut lire une dénonciation des pratiques coutumières en vigueur dans l’espace urbain. On y peut voir également la façon dont des femmes font usage de la justice du qâdhî en vue (...) de défendre leur libre arbitre. Mais dans le même temps, la propension de celles-ci à faire valoir leur bon droit dans ce cadre, en contribuant à renforcer les attendus de la shari’a, a pour conséquence de préserver la hiérarchie des catégories juridiques qui la fonde, et partant de perpétuer les rapports d’inégalité en droit entre les femmes et leurs pairs masculins. (shrink)

This case is about a study of burn patients that included a request to the IRB for a waiver of consent for perianal specimen collection–a request which ultimately was not approved by a reviewing IR...

One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, (...) the accomplishments of these scholars provide an important example to all those engaged in thinking about military ethics. (shrink)

The issue of wiping over socks is part of the more general issue of wiping over leather socks (khuffayn) for ablution (wuḍū’). Washing feet or wiping over them is a debate whose sides bases their claims on the verses of the Qur’an and supports these claims with narrations. When performing ablution, if shoes or socks are on the feet, whether one can wipe over them without taking these off and the qualities that these clothes should have is a debate based (...) on hadith narrations. Most Muslims except for the Ja’farite are of the opinion that either washing the feet or wiping over a khuff or similar clothing that was put on while a person already had ablution can be done during ablution, while the Ja’farite think that wiping over bare feet is enough but wiping over khuff is not. There is a consensus that shoes, boots, buskins and other leather footwear qualify as khuff. However, there is disagreement over whether clothing from materials like cotton, linen, wool, and felt -usually referred to as socks- qualify as khuff. For this reason, some Muslims of the world wipe over socks while others do not. There are contemporary fatwas (legal opinion) that are supportive of either of the positions. However, there are those who treat this issue beyond choosing a side in an ijtihad (process of juristic legal reasoning) and some who wipe on socks are censured strongly. In this research based on an examination of the fiqh heritage, the goal is to contribute to making this issue better understood and its fiqh ruling clearer.Summary: The sixth verse of Surah Ma’idah in the Qur’an clearly states that wuḍū’ requires washing the face, arms up until elbows, and wiping over the head. However, when it comes to the fourth element of wuḍū’, the feet, there has been disagreement about whether it should be wiped or washed. Arabic grammar rules and narrations have been interpreted in ways that support both views; in general Sunni sects, Zaydis, and Kharijites argue the feet should be washed while Shia Ja’farites are in favor of wiping over bare feet. There have also been efforts among faqihs (jurists) to reconcile washing and wiping; washing slightly; choosing the better one between the two; washing when not covered, wiping when covered; washing if there is dirt, wiping if it is clean; viewing at least wiping as fard (obligatory), washing as a Sunna (recommended) that includes the fard as a way to unify the two approaches have also been proposed.According to widely accepted narrations, the prophet and his companions washed their feet when performing wuḍū’ and once they put on their shoes having had wuḍū’, the next time they only wiped over the shoes without taking them off. In less commonly accepted narrations, which some hadith authorities regard as authentic, the Prophet is said to have wiped over his socks. In narration sources, it has been narrated that about fifteen faqih companions, among them ʿUmar b. al-Khaṭṭāb, ʿAlī b. Abī Ṭālib, ʿAbdallāh Ibn Masʿūd, ʿAbdallāh b. ʿAbbās, ʿAbdallāh b. ʿUmar, saw wiping over socks as appropriate. However, there are no narrations about the companions disapproving of wiping over socks. Among those who approved of wiping over socks are tābiʿūn (successors) faqihs like Saʿīd b. D̲j̲ubayr, Saʿīd b. al-Musayyab, Ibrāhīm al-Nakhaʿī, ʿAṭāʾ b. Abī Rabāḥ, al-Ḥasan al-Baṣrī ve al-Aʿmash, and Mujtahid Imams like Zufar, Sufyan al-Thawri, al-Ḥasan b. Ṣāliḥ, Ibn al-Mubārak, Abū Yūsuf, Muḥammad al-Shaybānī, Aḥmad b. Ḥanbal, Isḥāq b. Rāhawayh. Considering their most prominent positions, we can say that Ḥanafis and Shafis allow wiping over socks that are thick and opaque, Hanbalis allow it over socks that cover the foot even if thin, while Mālikīs do not allow wiping over socks at all.As far as it is understood from narrations from the Prophet’s time, due to both climate conditions and weaving possibilities, socks were used only rarely. Also, footwear like shoes or slippers made of leather were very hard to find and narrations suggest that prayers were performed at houses and the masjids over soil base on either bare foot or with shoes. For these reasons, the issue of wiping over socks did not arise at the time and at later periods different opinions on the issue led to disagreements. When carpets were placed on the ground at later periods, performing the prayer with shoes was abandoned and a second layer of shoes (khuff) was placed inside the shoes as khuff. Since removing the shoes would invalidate wuḍū’ performed over that shoe, those who wanted to avoid the difficulty of having to wash their feet each time they needed wuḍū’ have instead wiped over this second layer once they put them on after performing wuḍū’.Ḥanafīs and Shāfiʿīs, who tend to approach the issue of wiping over socks with hesitation and make this conditional on some strict rules, emphasize that the socks to be wiped over should be similar to shoes in terms of thickness, based on the idea that it is certain that the Prophet has wiped over shoes made of leather but his wiping over socks is weaker and that the qualities of those socks are not clear. Among the thickness criteria expressed for the socks are being waterproof, the ability to walk for at least a league with it, and its ability to hold on to feet without being tied at the wrists. Due to these criteria, which have been developed to protect the wuḍū’ and whose boundaries are not well specified, especially among Ḥanafis the idea that wiping over socks is not allowed has gained popularity. As opposed to this, in circles dominated by Ḥanbalīs opinions allowing wiping over any type of socks have been expressed.At times when the Prophet had his shoes on and did not want to take off his shoes, he used to wipe over the shoes. The equivalent of this act today is to wipe over socks since prayer with shoes on is not common any more. While nowadays wiping over socks is an ease for everybody when performing wuḍū’, it is something that is especially needed under certain circumstances. Cold weather and the lack of drying possibilities for the feet leading catching cold and illness, socks that are put on when feet are wet leading to bad smell and fungus on feet, the hardship of elevating the feet high enough to the sink and of changing socks on one foot when there are no special wuḍū’ places, the fact that at societies distant from Islamic culture it is seen against the etiquette to wash feet in the sink are among the reasons why this need arises. Because most of the time we are not in a position to determine the circumstances of our work and travels at modern times, it can be said that today this need is more than it was in the past.Some scholars of today use a precautionary principle and argue that the Qur’an commands to wash the feet, and the only narration powerful enough to make an exception to this rule is about masts made of leather, and extending this to include socks would go against the precaution principle and some other principles of uṣūl al-fiqh (Islamic legal theory). However, some other scholars who use the ease in religion principle argue that the permission to wipe over masts also include wiping over socks and that they are of the same nature, that there are authentic narrations that show wiping over socks are allowed and that one can even talk of an ijmāʿ (consensus) among the companions on this issue, and that seeking additional qualities socks on which one is to wipe over, such as thickness, ability to walk with it, its ability to hold on to the feet, being waterproof, have no merit in the sharīʿa. Jamaleddīn Qāsimī, who wrote a special research book on the topic, and scholars like Abū l-Aʿlā Mawdūdī, Yūsuf al-Qaradāwī, ʿAbd al-ʿAzīz b. Bāz, Ibn al Uthaymeen think that one can wipe over daily socks that do not show the skin beneath it, while scholars predominantly of the Ḥanafi opinion hold that one cannot wipe over the thin daily socks. (shrink)

Les recours féminins en justice à Constantine ne sont pas rares à la fin du XVIIIe siècle. Cette contribution examine les circonstances d’un recours de ce type au terme duquel le qâdhî prononce l’annulation d’un mariage. L’acte notarié qui en rend compte se prête à plusieurs niveaux d’analyse. On y peut lire une dénonciation des pratiques coutumières en vigueur dans l’espace urbain. On y peut voir également la façon dont des femmes font usage de la justice du qâdhî en vue (...) de défendre leur libre arbitre. Mais dans le même temps, la propension de celles-ci à faire valoir leur bon droit dans ce cadre, en contribuant à renforcer les attendus de la shari’a, a pour conséquence de préserver la hiérarchie des catégories juridiques qui la fonde, et partant de perpétuer les rapports d’inégalité en droit entre les femmes et leurs pairs masculins. (shrink)

ABSTRACT:Psychedelics, including psilocybin, and other consciousness-altering compounds such as 3,4-methylenedioxymethamphetamine (MDMA), currently are being scientifically investigated for their potential therapeutic uses, with a primary focus on measurable outcomes: for example, alleviation of symptoms or increases in self-reported well-being. Accordingly, much recent discussion about the possible value of these substances has turned on estimates of the magnitude and duration of persisting positive effects in comparison to harms. However, many have described the value of a psychedelic experience with little or no reference (...) to such therapeutic benefits, instead seeming to find the experience valuable in its own right. How can we make sense of such testimony? Could a psychedelic experience be valuable even if there were no persisting beneficial effects? If so, how? Using the concept of psychological richness, combined with insights from the philosophy of aesthetics and the enhancement literature, this essay explores potential sources of value in the acute subjective experience, apart from the value derived from persisting beneficial effects. (shrink)

One of the most important issues that distinguishes the Baghdādī branch of the Muʿtazila from the Baṣran branch is their view on ʿAlī b. Abī Ṭālib (d. 40/661). Basra branch accepts the order of virtue of the first four caliphs as their order of coming to office, while the Baghdad branch considers the first three caliphs legitimate, but considers Ali more virtuous than them. The Baghdādī Muʿtazilīs who outspokenly defended this idea were Abū Jaʿfar al-Iskāfī (d. 240/854), Abū al-Qāsim al-Kaʿbī (...) (d. 319/931) and Ibn Abī al-Ḥadīd (d. 656/1258). Among them, Ibn Abī al-Ḥadīd was renowned as “the greatest scholar of the Muʿtazila” and was considered one of the last representatives of this school. He ardently defended ʿAlī's superiority in his commentary on Nahj al-Balāgha, the famous collection of Ali’s sermons, letters and wisdom sayings. In his defense, he rebutted some criticisms about ʿAlī’s political decisions from his school’s point of view. Many items of Ibn Abī al-Ḥadīd’s rebuttal are worthy of analysis in terms of their content, style and approach. This article aims to present a detailed account of Ibn Abī al-Ḥadīd’s aforementioned refutations. In addition to the descriptive method, the interpretative method was also employed in the article. Although Ibn Abī al-Ḥadīd did not consider Ali's infallibility necessary (wājib), unlike Imamiyya, he accepted it. Therefore, he responded to the criticisms directed at Ali, starting from the point of Ali's innocence. According to Ibn Abī al-Ḥadīd: (a) After the death of the Prophet, ʿAlī insisted on becoming the new leader of the Muslim community. He did not act hastily to assume the caliphate because he was not expecting any opposition to that. However, when the events took a different turn, he did not escalate the situation, rather accepted the status quo. (b) ʿAlī also did the right thing by participating in ʿUmar b. Al-Khaṭṭāb’s (d. 23/644) electoral shūrā. This was an opportunity for him to become the next caliph, and reinstitute a system in accordance with the Qurʿānic principles and sunna of the Prophet. (c) It was also not an error when ʿAlī decided to stay in Medina during the events of ʿUthmān’s murder (d. 35/656). He played an active role in dissuading the rebels from their attempt to kill ʿUthmān, but he was in no position to know that his activity would be used against him later by the Umayyads who accused ʿAlī of being complicit in ʿUthmāns’s murder. (d) ʿAlī took the caliphate after ʿUthmān because of his popularity among the people. In this way, he managed to prevent an unqualified person to occupy the seat of the caliphate. (e) When the Battle of Camel broke out, those who demanded justice and opposed ʿAlī were in error. (f) When ʿAlī became the new caliph, his decision to remove Muʿāwīya (d. 60/680) from the governorship of Syria was correct. This is because Muʿāwīya would have refused to accept ʿAlī’s leadership even had he stayed in office as a governor. ʿAlī understood that the conflict would end only through fighting, so he did not lose time in marching against Muʿāwīya. (g) During the battle he abided by the sharīʿa and allowed the Syrian army to access water. (h) It was not ʿAlī, but those defectors in his army who obliged him to end the fighting through arbitration. (i) When ʿAlī agreed to sign the Ṣiffīn ceasefire agreement and did not use his title amīr al-muʾminīn, he followed the Prophet's example since the latter also refrained from using his title during the Ḥudaybiyya agreement. (j) ʿAlī also cannot be blamed for those among his supporters, such as the poet al-Najāshī, who defected and joined the ranks of Muʿāwīya. The motivations for the defectors were either to attain worldly gains or to escape from punishment for the crimes which they had committed. (k) When Muʿāwīya managed to conquer Egypt, ʿAlī’s governors of the province, Qays b. Saʿd (d. 60/680) or Muḥammad b. Abī Bakr (d. 38/658), did nothing for which they could be blamed. (l) And finally, ʿAlī never had guards to protect him because he was never afraid of being assassinated. Although Ibn Abī al-Ḥadīd took Ali's innocence as a basis while presenting these views, he did not make inconsistent comments in general and did not say things contrary to historical facts. Therefore, it is necessary to acknowledge historical value of his views in question. (shrink)

This article proposes a conceptual mapping to outline salient properties and relations that allow for a knowledge transfer from the well-established greenwashing phenomenon to the more recent machinewashing. We account for relevant dissimilarities, indicating where conceptual boundaries may be drawn. Guided by a “reasoning by analogy” approach, the article addresses the structural analogy and machinewashing idiosyncrasies leading to a novel and theoretically informed model of machinewashing. Consequently, machinewashing is defined as a strategy that organizations adopt to engage in misleading behavior (...) about ethical Artificial Intelligence /algorithmic systems. Machinewashing involves misleading information about ethical AI communicated or omitted via words, visuals, or the underlying algorithm of AI itself. Furthermore, and going beyond greenwashing, machinewashing may be used for symbolic actions such as lobbying and prevention of stricter regulation. By outlining diverse theoretical foundations of the established greenwashing domain and their relation to specific research questions, the article proposes a machinewashing model and a set of theory-related research questions on the macro, meso, and micro-level for future machinewashing research. We conclude by stressing limitations and by outlining practical implications for organizations and policymakers. (shrink)