This study compares Avicenna's and Thomas Aquinas' conceptions of God, theological language, the nature of creative action and the beginning of the universe.

From Greco-Roman antiquity through to European enlightenment, philosophy and religious thought were inseparably interwoven. This book explores intellectual worlds of Abrahamic religious traditions, their approaches to scriptural hermeneutics, and their interaction over many centuries on common ground of inheritance of classical Greek philosophy.

In this article, I draw on Carl Schmitt’s political and constitutional thought in order to reflect on the political struggle over the foundational norms and values of a constitutional settlement in...

COVID‐19 caused an imbalance between medical resources and the number of patients in Türkiye like in many countries. There was not pandemic‐triage system, and this situation led to decision making based on experience, intuition, and judgment of allocation of scarce resources. The research explains the guiding criteria that healthcare professionals used to prioritize the distribution of scarce medical resources during the COVID‐19 pandemic. The criteria preferred by 928 healthcare professionals were evaluated when preventive measures for COVID‐19 were reduced and so (...) the number of cases increased rapidly. The results indicate that Turkish healthcare professionals largely support the utilitarian approach, which focuses on medical benefit in pandemic. The main problem was that some criteria not approved in COVID‐19 triage guidelines were considered important by healthcare professionals. These criteria, which cause discrimination by preventing the provision of fair and equal medical care to patients, are a prominent issue in the study. (shrink)

How is a philosophical tradition created? What role does literary biography play in the formation of intellectual reception history? Through a detailed analysis of the lives and works of post-Avicennan philosophers, this monograph traces the intellectual history and development of the Avicennan tradition from the fifth/eleventh to the eighth/fourteenth century. Section 1 investigates the genres of Arabo-Islamic biobibliographical and prosopographical writings as a source for the history of Arabic philosophy, delineating their literary topoi, the construction of philosophical authority, and the (...) relationship of Sunnī and Twelver-Šīī Islam to Aristotelian logic and philosophy. Section 2 presents fourteen discrete biobibliographical studies with a critical inventory of the works, including those written in the neglected exegetical genres of commentary, supercommentary, gloss, and supergloss, of Avicenna's immediate disciples and the following generations of philosophers who created the Avicennan philosophical heritage in the Islamicate world.--Provided by Publisher. (shrink)

Generalizing and unifying the known theorems for difference and differential fields, it is shown that for every finite free algebra scheme.

Even though Corporate Social Responsibility (CSR) has become a widely accepted concept promoted by different stakeholders, business corporations' internal strategies, known as corporate self-regulation in most of the weak economies, respond poorly to this responsibility. Major laws relating to corporate regulation and responsibilities of these economies do not possess adequate ongoing influence to insist on corporate self-regulation to create a socially responsible corporate culture. This book describes how the laws relating to CSR could contribute to the inclusion of CSR principles (...) at the core of the corporate self-regulation of these economies in general, without being intrusive in normal business practice. It formulates a meta-regulation approach to law, particularly by converging patterns of private ordering and state control in contemporary corporate law from the perspective of a weak economy. It proposes that this approach is suitable for alleviating regulators' limited access to information and expertise, inherent limitations of prescriptive rules, ensuring corporate commitment, and enhance the self-regulatory capacity of companies. This book describes various meta-regulation strategies for laws to link social values to economic incentives and disincentives, and to indirectly influence companies to incorporate CSR principles at the core of their self-regulation strategies. It investigates this phenomenon using Bangladesh as a case study. (shrink)

Objective To compare assessments of the decision-making competencies of psychiatric inpatients as provided by physicians, nurses, relatives and an assessment tool.Methods This study was carried out at the psychiatry clinic of Kocaeli University Hospital from June 2007 to February 2008. The decision-making competence of the 83 patients who participated in the study was assessed by physicians, nurses, relatives and MacCAT-T.Results Of the 83 patients, the relatives of 73.8% of them, including the parents of 47.7%, were interviewed during the study. A (...) moderately good consistency between the competency assessments of the nurses versus those of the physicians, but a poor consistency between the assessments of the physicians and nurses versus those of the patients’ relatives, was determined. The differences in the competency assessment obtained with the MacCAT-T versus the evaluations of the physicians, nurses and patients’ relatives were statistically significant.Conclusions Our findings demonstrate those physicians, nurses and the patients’ relatives have difficulty in identifying patients lacking decision-making competence. Therefore, an objective competence assessment tool should be used along with the assessments of physicians and nurses, both of whom can provide clinical data, as well as those of relatives, who can offer insights into the patient's moral values and expectations. (shrink)

Sport is viewed as a multidimensional phenomenon. Most countries,including Muslim nations, invest heavily in sports to ensure the participationof their citizens both for recreational and competitive purposes. Indeed, theinvolvement of Muslim countries in significant multi-sport events such as theCommonwealth, the Asian, and the Olympic Games are inevitable. Therefore,a proper projection should be given to Muslim athletes as their participationreflects the identity and culture of Muslim civilizations. To date, the issue ofMuslim athlete’s involvement in sports from the notion of Islamization hasyet (...) to be elucidated by any scholar. This paper aims to scrutinize the sportssociology as an academic discipline in the Muslim majority society context.It also views the philosophy of sports participation and the dilemma facedby Muslims in sports under the light of al- Qur’ān, and Hadith. In obtainingrelevant information for this paper, we employed qualitative content analysisfrom various literature. In conclusion, this discourse of sport, Islam, and society has potentially triggered the new social movement that accommodated the needs of the Muslim community towards sports participation and physical activity. (shrink)

The convergence of corporate social responsibility (CSR) and corporate governance (CG) has changed the corporate accountability mechanism. This has developed a socially responsible ‘corporate self-regulation’, a synthesis of governance and responsibility in the companies of strong economies. However, unlike in the strong economies, this convergence has not been visible in the companies of weak economies, where the civil society groups are unorganised, regulatory agencies are either ineffective or corrupt and the media and non-governmental organisations do not mirror the corporate conscience. (...) Using the case of Bangladesh, this article investigates the convergence between CSR and CG in the self-regulation of companies in a less vigilant environment. (shrink)

A gossip protocolGossip protocol is a procedure for sharing secrets in a network. The basic action in a gossip protocolGossip protocol is a telephone call wherein the caller and the callee exchange all the secrets they know. An agent who knows all secrets is an expert. The usual termination condition is that all agents are experts. Instead, we explore some protocols wherein the termination condition is that all agents know that all agents are experts. We call such agents super experts. (...) Additionally, we model that agents who already know that all agents are experts, do not make and do not answer calls. We also model that such protocols are common knowledgeCommon knowledge among the agents. We investigate conditions under which such gossip protocolsGossip protocol terminate, both in the synchronous case, where there is a global clock, and in the asynchronous case, where there is not. We show that a protocol with missed calls can terminate faster than the same protocol without missed calls. (shrink)

This article aims to draw a theoretical framework to discuss the role of religion in utopia's appeal to transcendence in Turkish literature. This aim entails interrogating the intricate relation between utopia and religion in order to demonstrate how religious discourse functions as a transcendent organizing principle in Turkish utopian vision. The employment of religious discourse in utopia often generates problematic moments in which utopia attains a transcendent position and comes closest to its sibling term, dystopia. This article seeks to identify (...) and describe this position of transcendence in Turkish utopia by resorting to Deleuzian distinction between the two types of utopia: “utopia of transcendence,” oriented toward authoritarianism, and “utopia of immanence,” oriented toward revolution. In so doing, it will engage with three early works from the Second Constitutional Period, Ruşeni Barkın's Müslümanların Gaye-i Hayâliyesi, İsmail Gaspıralı's Darürrahat Müslümanları, and Molla Davudzade's Rüyada Terakki ve Medeniyet-i İslamiyeyi Rü‘yet. (shrink)

Developing countries need to reform legislation to ensure the global supply firms in ready-made garment industry is adequately addressing obligations of social responsibility. Literature typically focuses on strategies for raising responsible standards in global buying firms within the RMG industry, but fails to focus on implementing strategies for suppliers in developing countries. This article addresses this gap by specifically focusing on the RMG industry in Bangladesh, the home of the third largest RMG supplier in the world. It concentrates on analysing (...) how and to what extent the law can assist in developing social responsibility performance of the RMG manufacturing firms in developing countries. It ultimately concludes that a new governance approach in laws can effectively increase the social responsibility practice standards of an industry where global buying firms are profit-driven and governmental agencies are either inadequate or corrupt. (shrink)

Although managers spend over twenty percent of their time in conflict management, organization theorists have provided very few guidelines to help them do their job ethically. This paper attempts to provide some guidelines so that organizational members can use the styles of handling interpersonal conflict, such as integrating, obliging, dominating, avoiding, and compromising, with their superiors, subordinates, and peers ethically and effectively. It has been argued in this paper that, in general, each style of handling interpersonal conflict is appropriate if (...) it is used to attain organization''s proper end. (shrink)

Remember Who You Are is a practical handbook of spiritual teachings based on 28 core verses from the Quran. Each verse is translated into simple English and accompanied by a teaching / reflection / commentary / examples that show you how to apply that verse in your daily life. These core verses represent the essential ideas of a universal spirituality. Muslims, Christians, Jews, and all seekers of knowledge can use them to go deeper into their own practice.

İyi bir yaşamın nasıl mümkün olabileceğinin erdemle açıklanması, erdemin insan yaşamındaki önemini göstermektedir. Dolayısıyla insan fenomenlerini konu alan felsefede geniş bir yer tutan erdem kavramı özellikle etik alanında önemli bir araştırma konusudur. Etiğin tarihi geçmişinde, etik sorunlara kararmayan bir ışık tutmuş olan Kant’ın etik görüşüne genel olarak bakıldığında, erdem kavramının pek ön planda olmadığı görülmektedir. Bununla birlikte, Kant’ın erdem ile ilgili söyledikleri, erdemin ahlak yasasından daha az önemli olmadığını göstermektedir. Bu çalışmanın amacı, Kant’ın erdem temelli bir etik kurmadığı için klasik (...) bir erdem etikçisi olmadığı veya etiğinde erdemin yerini ve önemini göstererek bir erdem etikçisi olduğu tartışmasının pek de anlamlı olmadığını göstermektir. Çünkü bu tartışma, Kant etiğini bir yere taşımaz. Bu amaç doğrultusunda, Kant’ı, bir erdem etikçisi olduğu ya da olmadığı tartışmasına sokarak kategorize etmeden, Kant etiğinde erdemin yeri ve önemini ortaya koymak amacıyla, Ahlak Metafiziği adlı eserinin _Erdem Öğretisi_ bölümünde yapılan erdem tanımlamaları ve açıklamaları ile “en yüksek iyi” (_summum bonum_) kavramı ve erdem ödevleri ele alınacaktır. (shrink)

Singapore's long-serving People's Action Party government suffered from a major electoral setback in the 2011 general election and subsequent by-elections. The high-growth population policy, underpinned by the influx of migrants and foreign workers, has strongly fuelled the groundswell of public discontent and is commonly perceived to have contributed to widening income disparities, wage stagnation, and cost of living pressures. This article attempts to make sense of the PAP leadership's dogged commitment to the high-growth population policy despite the electoral backlashes and (...) policy criticisms by prominent public intellectuals and others closely connected to the PAP establishment. It considers Singapore's high-growth population policy and widening income disparity within the context of the authoritarian developmental state's shift away from the social compact. The article also examines the impact of widening income inequality and other policy lapses on the legitimacy of the PAP government as the clamor for a renewed social compact based on gathers momentum in the repoliticized polity. (shrink)

A wide range of countries decided to go into lockdown to contain the coronavirus disease (COVID-19) pandemic of 2020, a setting separating people and restricting their movements. We investigated how musicians dealt with this sudden restriction in mobility. Responses of 234 people were collected. The majority of respondents (95%) resided in Belgium or the Netherlands. Results indicated a decrease of 79% of live music making in social settings during lockdown compared with before lockdown. In contrast, an increase of 264% was (...) demonstrated for online joint music making. However, results showed that most respondents were largely or even completely unaccustomed with specialized platforms for online joint music making (e.g., JamKazam, Jamulus). Respondents reported to mostly use well-known video-conferencing platforms such as Zoom and Skype when playing together virtually. However, when such video-conferencing platforms were used, they were often not employed for synchronized playing and were generally reported to insufficiently deal with latency issues. Furthermore, respondents depending on music making as their main source of income explored online real-time methods significantly more than those relying on other income sources. Results also demonstrated an increase of 93% in the use of alternative remote joint music-making methods (e.g., recording parts separately and subsequently circulating these digital recordings). All in all, results of this study provide a more in-depth view on joint music making during the first weeks of lockdown induced by the COVID-19 pandemic of 2020, and demonstrate users’ perceptions of performance and usability of online real-time platforms as well as alternative methods for musical interaction. (shrink)

An amalgamation base p in a simple theory is stably definable if its canonical base is interdefinable with the set of canonical parameters for the ϕ-definitions of p as ϕ ranges through all stable formulae. A necessary condition for stably definability is given and used to produce an example of a supersimple theory with stable forking having types that are not stably definable. This answers negatively a question posed in [8]. A criterion for and example of a stably definable amalgamation (...) base whose restriction to the canonical base is not axiomatised by stable formulae are also given. The examples involve generic relations over non CM-trivial stable theories. (shrink)

It is important to define and practice ethical rules and codes for professionalisation. Several national and international associations have determined midwifery ethical codes. In Turkey, ethical rules and codes that would facilitate midwifery becoming professionalised have not yet been determined. This study was planned to contribute to the professionalisation of midwifery by determining national ethical values and codes. A total of 1067 Turkish midwives completed the survey. The most prevalent values of Turkish midwives were care for mother–child health, responsibility and (...) professional adequacy. The preferred professional codes chosen by Turkish midwives were absence of conflicts of interest, respect for privacy, avoidance of deception, reporting of faulty practices, consideration of mothers and newborns as separate beings and prevention of harm. In conclusion, cultural values, beliefs and expectations of society cannot be underestimated, although the international professional values and codes of ethics contribute significantly to professionalisation of the midwifery profession. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAquinas on Being. By Anthony Kenny. Oxford: Clarendon Press, 2002. Pp. x + 212. Price not given.Before and after Avicenna: Proceedings of the First Conference of the Avicenna Study Group. Edited by David C. Reisman, with the assistance of Ahmed H. al Rahim. Leiden: Brill, 2003. Pp. xix + 302. Price not given.Beside Still Waters: Jews, Christians, and the Way of the Buddha. Edited by Harold Kasimow, (...) John P. Keenan, and Linda Klepinger Keenan. Boston: Wisdom Publications, 2003. Pp. 284. Paper $14.95.The Buddhist Unconscious: The ālaya-vijñāna in the Context of Indian Buddhist Thought. By William S. Waldron. London and New York: RoutledgeCurzon, 2003. Pp. xvi + 269. Price not given.Comparative Political Philosophy: Studies under the Upas Tree. Edited by Anthony J. Parel and Ronald C. Keith. Lanham, Maryland: Lexington Books, 2003. Pp. xxxviii + 260. Paper $26.95.The Confucian Quest for Order: The Origin and Formation of the Political Thought of Xun Zi. By Masayuki Sato. Leiden: Brill, 2003. Pp. xviii + 500. Price not given.Gathering the Meanings: The Compendium of Categories: The Arthaviniścaya Sūtra and Its Commentary Nibandhana. Translated from the Sanskrit by N. H. Samtani. Berkeley: Dharma Publishing, 2002. Pp. xxxiv + 390. Price not given.I Have Arrived, I Am Home: Celebrating Twenty Years of Plum Village Life. By Thich Nhat Hanh. Berkeley: Parallax Press, 2003. Pp. 253. Paper $25.00.Identity and the Moral Life. By Mrinal Miri. New Delhi: Oxford University Press, 2003. Pp. xvii + 132. Hardcover Rs 645.00.Indian Philosophers and Postmodern Thinkers: Dialogues on the Margins of Culture. By Carl Olson. New Delhi: Oxford University Press, 2002. Pp. xv + 331. Hardcover Rs 950.00.Islamic Humanism. By Lenn E. Goodman. New York: Oxford University Press, 2003. Pp. xiii + 273. Price not given.Letting Go: The Story of Zen Master Tōsui. Translated by Peter Haskel. Honolulu: University of Hawai'i Press, 2001. Pp. xv + 167. Hardcover $45.00. Paper $16.95.A Life Journey to the East: Sinological Studies in Memory of Giuliano Bertuccioli (1923-2001). Edited by Antonino Forte and Federico Masini. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xxxv + 280. Price not given.The Measure of Things: Humanism, Humility and Mystery. By David E. Cooper. Oxford: Clarendon Press, 2002. Pp. ix + 372. Price not given. [End Page 277]Mencius, Hume and the Foundations of Ethics. By Xiusheng Liu. Aldershot, Hampshire: Ashgate Publishing Limited, 2003. Pp. vii + 204. Price not given.Monks and Monarchs, Kinship and Kingship: Tanqian in Sui Buddhism and Politics. By Chen Jinhua. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xiii + 310. Price not given.Music in the Sky: The Life, Art, and Teachings of the 17th Gyalwa Karmapa Ogyen Trinley Dorje. By Michele Martin. Ithaca: Snow Lion Publications, 2003. Pp. 351. Paper $18.95, U.K. £12.95.New Confucianism: A Critical Examination. Edited by John Makeham. New York: Palgrave Macmillan, 2003. Pp. 262. Hardcover $55.00.On the Boundaries of Theological Tolerance in Islam: Abū Hāmid Al-Ghāzalī's Faysal al-Tafriqa Bayna al-Islām wa al-Zandaqa. By Sherman A. Jackson. Oxford: Oxford University Press, 2002. Pp. xiv + 156. Hardcover Rs 295.00.Pandita Ramabai's American Encounter: The Peoples of the United States (1889). By Pandita Ramabai and translated and edited by Meera Kosambi. Bloomington: Indiana University Press, 2003. Pp. xi + 284. Hardcover $59.95. Paper $29.95.Parmenides of Elea: A Verse Translation with Interpretative Essays and Commentary to the Text. By Martin J. Henn. Westport, Connecticut: Praeger, 2003. Pp. 147. Hardcover $59.95.Philosophes taoïstes, tome II: Huainan Zi, texte traduit, présenté et annoté sous la direction de Charles le Blanc et de Rémi Mathieu. Paris: Éditions Gallimard, 2003. Pp. lxxxiii + 1182. Hardcover €56,90.The Philosophy and Ethics of the Vīraśaiva Community. By Dan A. Chekki. Lewiston, New York: The Edwin Mellen Press, 2003. Pp. xxv + 287. Hardcover $119.95.Poems of Hanshan. Translated by Peter Hobson with introduction by T. H. Barrett. Walnut Creek, California: AltaMira Press, 2003. Pp. viii + 151. Hardcover $65.00. Paper $19.95.Psychoanalysis and Buddhism: An Unfolding Dialogue. Edited by Jeremy D. Safran. Boston... (shrink)

Conceptual metaphors have received much attention in research on discourse about infectious diseases in recent years. Most studies found that conceptual metaphors of war dominate media discourse about disease. Similarly, a great deal of research has been undertaken on the new coronavirus, i.e., COVID-19, especially in the English news discourse as opposed to other languages. The present study, in contrast, analyses the conceptual metaphors used in COVID-19 discourse in French-language newspapers. The study explored the linguistic metaphors used in COVID-19 discourse (...) in these newspapers and conceptual metaphors that underlie and motivate them, using a conceptual metaphor theory framework (CMT). Therefore, two North African French-language newspapers, namely Libération, published in Morocco, and La Presse de Tunisie, published in Tunisia, formed the corpus of the current study. The results showed that the most frequent framing of COVID-19 was in terms of WAR, followed by DISASTER and KILLER, respectively. (shrink)

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, by giving (...) special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

Among the Muslims the most common sect is Ḥanafī. It is mentioned in the Ḥanafī sect that there are a line of students who transfer the principles of the sect from generation to generation. In order for the Islamic conquests that started simultaneously in the Eastern and Western lands to be permanent, people were sent to teach Islamic morality, worship and fiqh that encompass daily life. From the 2nd century (A.H.) the sectarianization process that started in the centers such as (...) Kufa, Medina and Damascus has naturally spread to the geography of the West. Many jurists who were educated in the madrasas in the East transferred this education to the newly conquered lands in the West, thus contributing to the fact that sectarianization began in the East and West at the same time. During this period, the views of many mujtahids, including Abū Ḥanīfa and his students, began to enter this geography again through his students. In this article, the most important person who introduced the Ḥanafī sect in the Andalusian region and transferred Abu Ḥanifa's ijtihads, ʿAbdallāh Ibn Farrūkh's life, his scientific personality, his contributions to the spread of the sect and the reasons for the Ḥanafī sect to find supporters in the region will be followed by a short course and the history of the sect will be tried to uncover in the history of Andalusia.Summary: Among the Muslims the most common sect is Ḥanafī. It is not a coincidence that the Ḥanafī sect spread more than other sects and found supporters. Abū Ḥanīfa (d. 150/767) is the most senior among the imams of four leading sects. He experienced about commercial and everyday life, had loyal students. This is because he discussed with his students before deciding on a ruling.Islamic conquests in the east and west started at the same time. Experts teaching Islamic morality were sent to conquered places. In this way, both morality and Islamic law, which encompasses worship and daily life, were also taught. Since the implementation of justice was considered as the main duty of the state, legal affairs were dynamic and systematically organized. For this purpose, both in the Medina and the newly conquered lands, various issues such as, management, use, distribution, non-muslim marriage, trade and so on emerged. These issues were carried out with the "kadi" establishment, which is like today's ministry of justice.In the Hijri 2nd century, Fiqh schools produced practical solutions to matters of process and worship in centers such as, Iraq, Medina and Damascus. These schools completed the sectarianization process after a century. Many Islamic jurists who took madrasah education in the east taught these training in the west. They pioneered the development of this sectarianization process both in the east and the west at the same time.The Islamic jurisprudence solved the problems that emerged with the conquest process that began in Andalusia, primarily through the independent jurisprudence, kadi and muftis in the region. After 710 A.C., the Ḥanafī sect reached Andalusia. After the death of Abū Ḥanīfa, Abu Yusuf became the chief justice. Later, the views of Abū Ḥanīfa gained importance. Abu Yusuf appointed the judges who knew the Ḥanafī sect. Abū Ḥanīfa's students, like a gold mine, embraced the views of their teachers. These jurisprudences were adopted by the supporters. Imam Muhammad was the first to write the case law of Abū Ḥanīfa. The views and thoughts of Abū Ḥanīfa, which were published by Imam Muhammad, spread throughout Iraq, Damascus, Iran and Khorasan. Later these thoughts reached North Africa that was under the control of Aghlabid (A.C. 800-909).In the same era, ʿAbdallāh b. Farrūkh passed to the way 6500 km to learn western sciences. The purpose of Farrūkh is to write the views of his teacher, Abū Ḥanīfa. In this way, he returned to Andalusia by writing ten thousand subjects. Beginning from 767 A.C., Ḥanafī sect gradually began to form in this region. He served as a judge voluntarily, although he did not serve as the official judge. Therefore, it contributed greatly to the spread of this sect in the west. The Mālikī sect, which due to from the animosity of Umayyad (A.C. 661-750) and Abbasids (A.C. 750-1258), came to the forefront. Abdullah b. Ferrûh was not as famous as the other disciples of Abū Ḥanīfa.Although Ḥanafīism spread in the west, it was in the foreground in the eastern geographies. Scholars such as Qadi Ayyad (d. 544/1149), Ibn Farḥūn (d. 799/1397), Muhammad Abū Zahra (d. 1974) and Hintātī state that this sect was effective for a short time in the west. On the other hand, Maqdisī (d. 380/999) states that Ḥanafī existed in Andalusia until the second half of the third century A.C. and was at least as widespread as Mālikīism. Orientalist Lévi Provençal (d. 1956) says that Ḥanafī sect did not reach to Andalusia. However, it can be understood from the above statements that this view is not real. In addition, according to the student hierarchy described in the article, it is understood that the Ḥanafī sect maintained its existence in this region for a while. In Andalusia, the views of the sect from the 8th to the 13th centuries known, recognized and followed by experts and the public. Because this sect was not official, its books were not in demand. For this reason, the basic works belonging to the sect were not reproduced.It is not true that the Ḥanafī sect never came to Andalusia or did not stay for a long time. ʿAbdallāh b. Farrūkh, who studied at Abū Ḥanīfa for 5 years, introduced Ḥanafī sect in Andalusia. Then his students continued this teaching. In this study, the life, mastery and students of ʿAbdallāh b. Farrūkh, who made important contributions for the first time in teaching Ḥanafīsm's to Andalusia, have been brought together. This information is summarized in terms of Ḥanafīsm's entry into Andalusia, the reasons for acceptance in social life and the duration of the sect in the region. (shrink)

İslam hukuk doktrininde bir fiilin veya sözün hükmünü belirleme noktasında kasıt esas alınır. Kasıt; hukuki işlemlerden elde edilmek istenen neticedir. Bununla birlikte mükellefin söz veya fiillerinin kasıt sonucu meydana gelmesi halinde söz ve fiillerine hüküm bağlanır. Bu takdirde bir akdin esasını onunla elde edilmek istenen hukuki neticeye yöneltilmiş olan tarafların kastı teşkil eder. İslam dini mükelleflerden bir davranışı ortaya koyduğu zaman bunun bilinçli olarak yapılmasını ve o işe kalben yönelmesini istemiştir. Dini emir ve yasakların tamamı bir maksadı gerçekleştirmek için vazedilmiştir. (...) Şari’in emir ve yasaklardaki maksadı da ya kulların maslahatını temin etmek yada onlardan bir mefsedeti gidermektir. Mükelleften istenen de bu maksat doğrultusunda hareket etmesi ve Şari’in maksadından başka bir şeyi kastetmemesidir. Hukuki tasarrufların geçerli olması noktasında bütün mezheplerin kasta önem verdikleri görülmektedir. (shrink)

Each narration or text, as it informs about an event, situation or person in history, has a history that sheds light on both its formation and how it arrived to us. The illumination of this history is at least as important as the content analysis of the information. For this reason, it is necessary both to examine whether the source in which the information is given has survived to the present day as it was created by the author without being (...) exposed to any external intervention, and to analyze the narration in terms of reliability and indication within the integrity of the isnād-text. In that case, when the word “text criticism” is mentioned, an understanding of a specific criticism should come to mind, which includes both critical edition (scholarly editing) of the first source and the critique of the narration by making sound research in terms of isnād and literary criticism (naqd al-isnād wa-l-matn). Due to reasons such as the inability to follow a standard method, the limited number of the copies and/or the distance of the copies from the author in terms of history and commercial concerns, many classical works published with relative verification contain such errors require a re-examination. One of these works is Ibn Hibbān’s (d. 354/965) book al-Majrūhīn. In his work al-Majrūhīn, Ibn Hibbān divided the narrators into two groups according to their reliability and collected the ones that he determined as weak according to his opinion. In this work, he placed Abū Ḥanīfa (d. 150/767) at the top of the list. First, he denounced Abū Ḥanīfa with the following expressions: Sahib al-ra’y, child of slaves, bicker, hypocrite, had little knowledge of hadith, a Murji’ī propagandist, a narrator who was blamed by imams. Then he tried to justify these claims by about thirty narrations from various salaf scholars. These narratives are completely different from the largely intellecutal discussions and criticisms of scholars such as al-Awza'i (d. 157/774), Ibn Abī Laylā (d. 148/765) and Ibn Abī Shayba (d. 235/849) on Abu Ḥanīfa and his school. The narrations compiled by Ibn Hibbān are display insulting and polemical narrations against Abu Ḥanīfa’s personality and reliability. In terms of being a source for later periods, it is important to examine and criticize these narratives in terms of the narration techniques. The al-jarḥ wa-l-taʿdīl is important part of the hadith science. al-Mejrūhīn, one of the leading works of this science is remarkable in many respects. According to this narration Abū Ḥanīfa Nuʿmān b. S̱ābit b. Zūtā b. Māh’ın (öl. 150/767) said, "If a man worships this mule to get closer to Allah, I see no harm in it." According to our analysis, there are the following determinations about the narrators in the chain of this narrative. Ibn Abī Mushir is unknown (majhūl), the narrator who is written as “Mahfūz b. Abī Savba” but his correct name is “Tawba” is matrūk. Ahmad b. al-Walīd al-Mahramī al-Karkhī is weak, and Yahyā b. Hamza, source person, is qadari who narrates from people with munkar al-hadith; but is also considered as a thiḳa narrator. As for Sa‘īd b. Abd al-Azīz, he has nothing to do with the reception and transmission of the narrative. In addition, there is also a break in the chain. First of all, what is expected from a basic work such as al-Majrūhīn, whose subject and purpose is purely a narrator analysis, is that the report in it should be acceptable, at least in terms of isnād. When the narrative in question, which is also included in earlier sources such as al-Fesewī (d. 277/890), is evaluated in terms of both the isnād and the text, one realizes the transformation of an expression circulating in the form of gossip against Abu Ḥanīfa in Damascus around the subject of ʾirjāʾ. ʾIrjāʾ was at the forefront of the heated debates in the second half of the second century into semā form in terms of isnād and text, besides, the word النعل/clog is transformed into البغل/mule. Apart from the weak points of the chain, Sa‘īd b. Abd al-Azīz, who has nothing to do with the reception and transmission of the narrative, has also been turned into the narrator/source of the report with the samā expression. Regardless of the purpose and the criteria of the narration technically, during the conversation with Sa‘īd, Yahyā b. Hamza’s sincere friend and teacher, a special speech in which a common report attributed to Abu Ḥanīfa was expressed, was transformed into Yahyâ’s samā‘ in the form of jazm. As a result, the word “shoe” or “clog” has evolved into mule. It would be a reductionist and over optimistic approach to assume that all this may have resulted from tashīf and tahrīf of the copyists. The narration we discussed is a typical example in terms of showing the effect of the conflict of ideas between Ahl al-Hadīth and Ahl ar-Ra’y on the narrations. Of course, this shoud be not regarded as the only example. (shrink)

Carl Schmitt, yirminci yüzyılın en ihtilaflı düşünürlerinden biridir. Politik olana dair görüşleri başta olmak üzere hukuk, tarih ve edebiyat gibi alanlarda ürettiği fikirlerle büyük önemi haizdir. Politik tavır alışlarından dolayı çoğu yazar tarafından tepki gösterilen bir isim olsa da kimi mühim araştırmacının, çağdaş politik krizlere çözüm bulma gayeleriyle Schmitt’e başvurması, onu sıklıkla gündeme gelen bir isim hâline getirmiştir. Böylelikle düşünür, dünya genelinde ve Türkiye özelinde hukuk ve politika eksenli tartışmaların daha iyi anlaşılması için değerlendirilir olmuştur. Felsefeciler, hukukçular ve siyaset bilimciler (...) olarak üç ana hatta tasnif edilebilecek araştırmacılar, bilhassa 2000 sonrası dönemde Schmitt çalışmalarına yoğunlaşmıştır. Yoğunlaşan akademik çalışmaların ivmesi Türkiye’de de bir moment oluşturmuş ve Türkçe literatürün sahip olduğu materyal giderek genişlemiştir. Bu bağlamda düşünüre ve görüşlerine yönelik kitaplar, kitap bölümleri, makaleler, tezler ve benzeri doküman kaleme alınmış; yine kitaplar ve makaleler gibi dokümanların da çevirileri yapılmıştır. İşbu bibliyografya çalışması, mevzubahis Schmitt eğiliminin neticesinde üretilen akademik çalışmalara odaklanıp ilerleyen süreçte yapılacak yeni çalışmalara bir literatür taraması olarak yardımcı olma gayesi gütmektedir. (shrink)

Using intelligent software agents in the world of e-commerce may give rise to many difficulties especially with regard to the validity of agent-based contracts and the attribution of liability for the actions of such agents. This paper thus critically examines the main approaches that have been advanced to deal with software agents, and proposes the gradual approach as a way of overcoming the difficulties of such agents by adopting different standards of responsibility depending whether the action is done autonomously by (...) an unattended software, or whether it is done automatically by an attended software. Throughout this paper, it is argued that the introduction of “one size” regulation without sufficient consideration of the nature of software agents or the environments in which they communicate might lead to a divorce between the legal theory and technological practice. It is also concluded that it is incorrect to deal with software agents as if they were either legal persons or nothing without in any way accounting for the fact that there are various kinds of such agents endowed with different levels of autonomy, mobility, intelligence, and sophistication. However, this paper is not intended to provide the final answer to all problematic questions posed by the emergence of intelligent software agents, but is designed to provide some kind of temporary relief until such agents reach a more reliable and autonomous level whereby law begins to regard them, rather than their users, as the source of the relevant action. (shrink)