In this article, Roberto Esposito lays out the genealogical pathways linking the three major concepts around which his most recent work has wound its way: community, immunity, and biopolitics. Although immunity is necessary to the preservation of our life, when driven beyond a certain threshold it forces life into a sort of cage where not only our freedom gets lost but also the very meaning of our existence – that opening of existence outside itself that takes the name of communitas. (...) A hermeneutics informed by immunity can allow the category of community to regain a new political significance, without ending up in a substantialist metaphysics. This task is dictated by the urgent need for an affirmative biopolitics – a horizon of meaning – in which life would no longer be the object but somehow the subject of politics. But what sort of shape would this take? Where would we trace its symptoms? And with what objectives? A preliminary answer focuses on breaking the vise grip between public and private that threatens to crush the common, by seeking instead to expand the space of the common, in the fight, for example, against the planned privatization of water and the battle over energy sources. (shrink)

The work of contemporary Italian thinkers, what Roberto Esposito refers to as Italian Theory, is attracting increasing attention around the world. This book explores the reasons for its growing popularity, its distinguishing traits, and why people are turning to these authors for answers to real-world issues and problems. The approach he takes, in line with the keen historical consciousness of Italian thinkers themselves, is a historical one. He offers insights into the great "unphilosophical" philosophers of life—poets, painters, politicians and revolutionaries, (...) film-makers and literary critics—who have made Italian thought, from its beginnings, an "impure" thought. People like Machiavelli, Croce, Gentile, and Gramsci were all compelled to fulfill important political roles in the societies of their times. No wonder they felt that the abstract vocabulary and concepts of pure philosophy were inadequate to express themselves. Similarly, artists such as Dante, Leonardo Da Vinci, Leopardi, or Pasolini all had to turn to other disciplines outside philosophy in order to discuss and grapple with the messy, constantly changing realities of their lives. For this very reason, says Esposito, because Italian thinkers have always been deeply engaged with the concrete reality of life and because they have looked for the answers of today in the origins of their own historical roots, Italian theory is a "living thought." Hence the relevance or actuality that it holds for us today. Continuing in this tradition, the work of Roberto Esposito is distinguished by its interdisciplinary breadth. In this book, he passes effortlessly from literary criticism to art history, through political history and philosophy, in an expository style that welcomes non-philosophers to engage in the most pressing problems of our times. As in all his works, Esposito is inclusive rather than exclusive; in being so, he celebrates the affirmative potency of life. (shrink)

As long as we care about suffering in the world, says political philosopher Simona Forti, we are compelled to inquire into the question of evil. But is the concept of "evil" still useful in a postmodern landscape where absolute values have been leveled and relativized by a historicist perspective? Given our current unwillingness to judge others, what signposts remain to guide our ethical behavior? Surveying the nineteenth- and twentieth-century Western philosophical debates on evil, Forti concludes that it is time to (...) leave behind what she calls "the Dostoevsky paradigm": the dualistic vision of an omnipotent monster pitted against absolute, helpless victims. No longer capable of grasping the normalization of evil in today's world—whose structures of power have been transformed—this paradigm has exhausted its explanatory force. In its place, Forti offers a different genealogy of the relationship between evil and power, one that finally calls into question power's recurrent link to transgression. At the center of contemporary evil she posits the passive attitude towards rule-following, the need for normalcy, and the desire for obedience nurtured by our contemporary mass democracies. In our times, she contends, evil must be explored in tandem with our stubborn desire to stay alive at all costs as much as with our deep need for recognition: the new modern absolutes. A courageous book, _New Demons_ extends an original, inspiring call to ethical living in a biopolitical age. (shrink)

This is an important, if flawed, book. Important, first, because there is a great need for philosophical reflection on the topics of prestige, honor, and reputation. These things are real, even if...

Black Feminist Sociology offers new writings by established and emerging scholars working in a Black feminist tradition. The book centers Black feminist sociology within the sociology canon and widens is to feature Black feminist sociologists both outside the U.S. and the academy. Inspired by a BFS lens, the essays are critical, personal, political and oriented toward social justice. Key themes include the origins of Black feminist sociology, expositions of BFS orientations to research that extend disciplinary norms, and contradictions of the (...) pleasures and costs of such an approach both academically and personally. Authors explore their own sociological legacy of intellectual development to raise critical questions of intellectual thought and self-reflexivity. The book highlights the dynamism of BFS so future generations of scholars can expand upon and beyond the book's key themes. (shrink)

Research on the U.S. women’s movement has documented the difficulties of cross-racial work between White women and women of racial/ethnic minorities. Less understood is how racial/ethnic minorities do cross-racial work among themselves to construct a collective identity of “women of color” that encourages solidarity across race, class, and other statuses. Drawing on research from the reproductive justice movement, I examine how women of color organizations that strive for intersectional praxis negotiate sameness and difference. I identify two different logics at work (...) within women of color organizations: the first relies on a presumption of “same difference” that emphasizes similar experiences of gender and race oppression; the second accords greater recognition to the “difference-in-sameness” that structures constituents’ lived experiences. While the former can reproduce precisely those forms of silencing and exclusion that women of color organizations seek to challenge, the second remains a ongoing process. The article concludes that women of color organizations must strive continuously to actively negotiate, rather than assume, commonality if they are to avoid reproducing various forms of marginalization and inequality. (shrink)

The globalizations of capital markets in the last 20 years has led to a historic degree of financial integration in the world. It is clear, however, that globalization is not conducive to a complete homogeneity of financial markets and institutions. Among others, one element of diversity is the importance of the impact of corruption in emerging countries. Corruption decreases the credibility of financial institutions and markets. Scandals and unethical behavior in financial institutions erode confidence in such firms. Relying on neoinstitutional (...) literature, this article focuses on the link between corruption and organizational isomorphism in financial institutions in emerging countries. Therefore, our aim is to examine the institutional reasons for corruption in financial institutions in emerging countries. Our structural equation model is based on empirical research in financial institutions in emerging countries. A questionnaire was administrated to 70 top executives of financial institutions in 18 different emerging countries. (shrink)

Despite the growing interest in examining the role of religious beliefs as a guide towards environmental conscious actions, there is still a lack of research informed by an analysis of divine messages. This deficiency includes the extent to which ethics for environmental responsibility are promoted within textual divine messages; types of environmental themes promoted within the text of divine messages; and implications of such religious environmental ethics for business practice. The present study attempts to fill this gap by conducting a (...) thorough content analysis of environmental themes within the divine message of Muslims focusing on their related ethical aspects and business implications. The analysis has revealed 675 verses in 84 chapters throughout all 30 parts of the Qur’an, with environmental content relating to the core components of the natural world, i.e. human beings, water, air, land, plants, animals, and other natural resources. This environmental content and its related ethics are grounded on the belief that humans are vicegerents of God on the earth and their behaviours and actions are motivated by earthly and heavenly rewards. Implications of these findings for different sectors/businesses are also highlighted. (shrink)

This paper seeks to retrace human nature and transcending the vision of humanity, by identifying, describing and analyzing the Hahnemannian principles and their relevance to anthropology of transcendent philosophy. Using the qualitative data from Hahnemann’s works with special reference to his Organon we found that Hahnemann’s principles are, unquestionably, a philosophical system in its own right. The primary goal of his philosophy, however is not solely speculative, indeed it is a medical philosophy written in brief aphoristic style, aimed more of (...) guidelines at curing suffering human beings, rather than winning adherents to its speculative creed. The main concern of Hahnemann with regard to his medical philosophy is actually the question of suffering human well-being. The answer to this question will provide an indication of the relevant of Hahnemannian principles to anthropology of transcendent philosophy. Thus Hahnemann’s principles cannot be properly understood apart from some grasp of his conception of human nature and philosophy as a whole. Nonetheless his ideas are against the new emergence mainstream thought pattern of modern Europe which in turn spread all over the globe. (shrink)

Research exploring how students develop their perspectives on religious moderation through reading and understanding the Qur’an is underexplored. This study aims to investigate students’ religious literacy tenet as a process of constructing meaning about religious moderation from the verses of the Qur’an. The participants involved were three students with an excellent ability to read the Qur’an and who had a great interest in the study of the Qur’an. The data were collected through the process of reading the verses of the (...) Qur’an and its textual and contextual translation. The results of this study indicate that students with high translation amendments tend to have more ability to interpret the verses of the Qur’an widely as a form of verbalisation of thoughts.Contribution: This study provides clarification on student interactions, the interpretation process and the construction of the meaning of the verses of the Qur’an. Furthermore, the results of this study encourage lecturers to reconstruct the process of learning to read the Qur’an at the university level. (shrink)

Depuis les années 1980, l’histoire de la médecine a connu un très fort renouvellement de ses approches, de ses objets et de sa mise en récit. L’histoire des femmes, du genre et des sexualités, en plein essor depuis ces mêmes années, a contribué de manière non négligeable à ce renouvellement en s’emparant de sources médicales délaissées par l’histoire de la médecine traditionnelle. En effet, durablement imprégnées par l’héritage positiviste du xixe siècle, l’histoire de la médecine et plus lar...

Les études sur le corps du siècle des Lumières se sont longtemps appuyées sur les traités de médecine, reprenant ainsi les représentations médicales plutôt que celles des malades. Les écrits ordinaires, parmi lesquels on peut compter les consultations épistolaires, permettent toutefois d’appréhender les perceptions corporelles des femmes du xviiie siècle. Ces lettres, envoyées par les malades à leur médecin, forment de véritables biographies médicales et constituent des sources d’une grande richesse pour explorer les écritures féminines du corps. On peut ainsi (...) mettre en évidence des manières spécifiques d’écrire le corps au féminin tout en soulignant les points communs avec les écritures masculines. (shrink)

Les études sur le corps du siècle des Lumières se sont longtemps appuyées sur les traités de médecine, reprenant ainsi les représentations médicales plutôt que celles des malades. Les écrits ordinaires, parmi lesquels on peut compter les consultations épistolaires, permettent toutefois d’appréhender les perceptions corporelles des femmes du xviiie siècle. Ces lettres, envoyées par les malades à leur médecin, forment de véritables biographies médicales et constituent des sources d’une grande richesse pour explorer les écritures féminines du corps. On peut ainsi (...) mettre en évidence des manières spécifiques d’écrire le corps au féminin tout en soulignant les points communs avec les écritures masculines. (shrink)

One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to (...) each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems. (shrink)

Marie-Geneviève Thiroux d’Arconville (1720-1805), aujourd’hui méconnue, a pourtant laissé des œuvres scientifiques et littéraires appréciées en son temps. Rien ne destinait cette femme de la noblesse financière et parlementaire, souffrant d’une éducation négligée et mariée à l’âge de 14 ans, à se passionner pour des domaines aussi variés que la physique, la chimie, la médecine, la botanique, la littérature, la morale, les langues ou encore l’histoire. C’est ce parcours atypique et ses motivat...

Contrary to the general and common idea that Islam etymologically means submission, surrendering, servitude or even slavery, this paper tries to prove just the opposite, that Islam is a protest, an opposition and a revolution. The term Aslama, in fact, is ambiguous. It means to surrender to God, not to yield to any other power. It implies a double act : first, a rejection of all non-Transcendental yokes; and second, an acceptance of the Transcendental Power. Islam, by this function, is (...) a double act of negation and affirmation. This double act is expressed in the utterance “I witness that there is no god except the God.”. (shrink)

What and how to teach religious moderation at the undergraduate level still concerns academics. This study aims to explore the perceptions of lecturers and students about the objectives, content, and strategies used in learning religious moderation. This study uses a multiple-case exploratory design with a qualitative approach. Data were collected through interviews with eight lecturers and 15 students from public and Islamic universities in Indonesia. Data analysis in this study used conventional content analysis methods with an inductive coding process. The (...) first two authors analysed data, and their agreement was calculated using Cohen’s kappa of 0.90. As a result, participants said that the ultimate goal of learning moderation in religion is to teach students about aligning views on religion and non-religion. The content that needs to be taught early and as a firm root of religious moderation is the internal harmony of religious communities. Finally, the development of campus culture can be an alternative model to internalise the values of religious moderation. Contribution: Overall, this research helps us to understand what kind of religious moderation learning we want to introduce in Indonesian universities. (shrink)

Objective: Gait adaptation to environmental challenges is fundamental for independent and safe community ambulation. The possibility of precisely studying gait modulation using standardized protocols of gait analysis closely resembling everyday life scenarios is still an unmet need.Methods: We have developed a fully-immersive virtual reality environment where subjects have to adjust their walking pattern to avoid collision with a virtual agent crossing their gait trajectory. We collected kinematic data of 12 healthy young subjects walking in real world and in the VR (...) environment, both with and without the VA perturbation. The VR environment closely resembled the RW scenario of the gait laboratory. To ensure standardization of the obstacle presentation the starting time speed and trajectory of the VA were defined using the kinematics of the participant as detected online during each walking trial.Results: We did not observe kinematic differences between walking in RW and VR/A-, suggesting that our VR environment per se might not induce significant changes in the locomotor pattern. When facing the VA all subjects consistently reduced stride length and velocity while increasing stride duration. Trunk inclination and mediolateral trajectory deviation also facilitated avoidance of the obstacle.Conclusions: This proof-of-concept study shows that our VR/A+ paradigm effectively induced a timely gait modulation in a standardized immersive and realistic scenario. This protocol could be a powerful research tool to study gait modulation and its derangements in relation to aging and clinical conditions. (shrink)

Being the largest Muslim country in the world, the conversation of Islam in Indonesian social media has grown to the distinctive opposite poles of belief among the Islamic communities. This study presents the discussions of theological selections among the application users, as evident from their contesting schools of thought. This study identifies the data by content analysis. It presents the information with the digital ethnography design by analyzing and interpreting data from online sources to identify themes, patterns, and trends. The (...) results show that social media greatly influences socio-religious development as religious organizations have responded to their participation in social media. The community then experienced social changes that prioritized relevant options in understanding religion according to their natural or developed preference, thus potentially creating an echo chamber. Some towering figures rise by the mobs with different proposals and will color the selection of Islamic ideology and views now and then. (shrink)

Dal 1980 sappiamo che Hasan Hanafi (1935-2021) aveva un progetto di vita che ha descritto come un triangolo. Il lato più lungo del triangolo è costituito dai suoi studi sull’eredità islamica e, in particolare, sul _ʿIlm usūl al-fiqh, La scienza dei fondamenti della giurisprudenza_. Un altro lato è costruito dalla sua analisi e critica del patrimonio occidentale. Il terzo lato riguarda la vera “realtà”, e per H. Hanafi la realtà è il Corano. L’articolo esamina il suo libro dedicato (...) a questo tema: fu il suo ultimo libro. Since 1980 we knew that Hasan Hanafi (1935-2021) had a lifelong project that he described as a triangle. The longest side of the triangle is made by his studies on the Islamic heritage and, in particular, on the _ʿIlm usūl al-fiqh, The science of the fundamentals of source law_. Another side is built by his analysis and criticism of the Western Heritage. The third side concerns true “reality”, and for H. Hanafi reality is the Koran. The article examines his book devoted to this issue: it was his last book. (shrink)

In the perspective of Hasan Hanafi, the renewal of Islamic thought in the Arab world must produce a new concept of theology and present a cultural revolution. A new theology must be developed through a progressive life perspective rooted in liberation and social justice. It is intended to free Arab–Islamic society from regression and fragmentation, producing a society that is just, prosperous, and civilized. The renewal of Islamic thought must be progressive to ensure it can produce a cultural revolution (...) that can create a populistic social and ideological structure in Arab life, thereby ensuring that the faithful are intelligent, modern, and have a high level of social solidarity. This study is guided by the theory of cultural intensification, which emphasizes that the relations between individuals and society are rooted in sociological, psychological, and theological challenges, and holds that social and divine laws are intended to promote a personal/collective emotional involvement in social life. The analysis emphasizes the relationship between Hasan Hanafi, as an individual, with general Arab society, with a focus on his understanding of social challenges, the psychological condition of Arab society, and classical theology. This study indicates that the Arab–Islamic world requires a new theology, one that is anthropocentric, populistic, and transformative, which remains grounded and oriented towards the realization of prosperity and social justice. Cultural revolution, meanwhile, offers a liberational ideology for the subjugated as well as legitimization for every social struggle. It also holds that no entity that exists on its own, without any humanitarian context, has meaning; there is only a correlational truth connecting objective reality and universal human values. As such, new theology—in conjunction with cultural revolution—can radically transform the orientation of Arab–Islamic thought from static, passive, and traditional to progressive and oppositional. In doing so, it can offer liberation and social justice.Contribution: This article provides intelectual framework to dissect Hasan Hanafi’s new theological ideas by using cultural perspective, particularly cultural intensification theory, as well as work praxis in effort to build democratic, egalitarian, just, equality before the law, and uphold human rights of Muslim society. (shrink)

This book is based on four backgrounds: (1) the diversity of definitions of philosophy, (2) statements by several thingkers about the death/ending of philosophy, (3) the existence of Hassan Hanafi's writings about the definition, life and death of philosophy, and (4) the limitations of specific studies on philosophy according to Hanafi. On that basis, this book examines philosophy according to Hanafi, by revealing and reviewing his definition of philosophy and his views on when philosophy lives and when (...) philosophy dies. In general, this is metaphilosophical study of Hanafi's philosophy by disclosuring it descriptively and analytically on the one side, and by reviewing it falsificatively, interpretatively and axiologically on the other side. This metaphilosophical study of Hanafi philosophy found several things. First, Hanafi's definition of philosophy is still diverse and needs to be reanalyzed, so it cannot overcome the problem of the diversity of definitions of philosophy. Second, Hanafi's statement about those who kill philosophy and turn on it is inconsistent and falsifiable. Third, philosophy can still live in conditions that are considered to kill it. Fourth, although it has several weaknesses, Hanafi's philosophy is useful in particular for Muslims and researchers about Islam, Arab nations and researchers about Arab, and societies that face internal and external traditions; and also worthwhile in general for philosophy and practitioners of philosophy. Fifth, Hanafi's philosophy can overcome the problem of ongoing discourse about the death/ending of philosophy, because his philosophy can actually bring philosophy to life. (shrink)

This paper examines Hanafi’s concept of Occidentalism in the epistemological approach. It aims to investigate the character, study source, research method,validity, and objectives of Occidentalism. The paper findings demonstrate that Occidentalism is a science which aims to dismantle the myth of Western superiority and, in turn, to build an equal civilization. The study root of Occidentalism is the formation, structure, and fate of the European consciousness. The formation comprises the exposed and unexposed sources of the European consciousness. The structure (...) en compasses the ideologies of nationalism, Zionism, Nazism, Facism, and racialism. Fate relies on the model of the relationship between the East and the West. Afterward, Hanafi employs two research methods: historical-dialectical and phenomenology. Lastly, science can be recognized as Occidentalism if it has a five fold standard: there is the dialectic of the East and the West, positioning European consciousness as the study object, self-liberation as the spirit to liberate the East from Western hegemony, dismantling the myth of cosmopolite culture, and the accomplishment of an equal civilization. (shrink)

Dans ce livre riche et foisonnant, Nahema Hanafi articule les questionnements de traditions historiographiques diverses. À la jonction entre histoire des savoirs et des pratiques de santé et histoire des femmes et du genre, son étude mobilise les études sur les écrits du for privé, l’histoire de la famille et de la parenté ou celle des élites. L’auteure construit une polyphonie à partir du dépouillement de quelque 3000 lettres écrites par une vingtaine de femmes des élites socio-économiques...

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

The subject of general utterances (al-lafdh al-āmm) being certain or presumptive in their usage as an indication to all their members is controversial amongst the methodists. Ḥanafī methodists suggest that the indication of general utterances to all of their members as certain and unless they are specified with a certain evidence, they can’t be specified with a presumptive evidence. Like the ḥanafī methodists, the ẓāhirī methodists also suggest that the general utterance is certain indicant for all of its members and (...) can be specified only with another evidence in the same rank. The main difference between the two groups focuses on whether al-khabar al-wāhid (single prophetic narration) is a certain or a presumptive evidence in terms of certitude. According to ḥanafīs, al-khabar al-wāhid is a presumptive evidence and unless the general utterances in Qur’ān are specified initially with another certain evidence, they can’t be specified with al-khabar al-wāhid. However, al-khabar al-wāhid is a certain evidence according to ẓāhirīs and it can specify general utterances in Qur’ān. In this study, the comparison of the views of the methodists of two schools regarding the indication of general utterances in Quran and their specification (takhsīs) with al-akhbar al-wāhid is made and their influence on Islamic Law regulations is studied afterwards. In this study, the two sect’s approaches are compared over the provision of reading al-Fatehah during prayer, the number of milk sucking to establish the kinship, the rights of women divorced with bain talaq and the execution of the death penalty in the Harem region.Summary: The purpose of this study is to try to demonstrate that an assertion in the Ph.D. thesis, The History and Doctrine of Ẓāhirī Madhhab, completed by Amr Osman in 2010 is incorrect. It can be summarized that in his study, Amr Osman claims that the affiliation of the schools to ahl-al-hadith and ahl-al-ra’y in conventional classification is wrong. According to him, contrary to what is known, the School of Ẓāhiriyya is closer to School of Ḥanafiyya rather than schools coming out of ahl-al-hadith. In this study, one of the arguments that he relied on to support his claim is studied in order to prove that his claim was inaccurate. Osman claims that ẓāhirīs are closer to ḥanifīs, based on the view that in both schools the general utterances embrace all of their members in their usage and they are a certain indicant to all of their members. At this stage, although the views of both schools are common, the ḥanifīs don’t accept the idea that the general statements of Qur’ān can be established with al-khabar-al-wāhid, those which they acknowledge as presumptive as of certitude. However, according to the ẓāhirīs, the certitude of al-khabar al-wāhid is as precise as the narrated report, so it can specify the general statements of Qur’ān which are in equal power. The related dispute between the schools has been reflected on many Islamic law regulations. Some of them are:1. Ḥanafīs state that the correct Quranic prayer may be performed by reading any or a few verses of the Qur’ān in prayer, which is a practice based on the verse “Read what you can read from the Qur’ān now”. On the other hand, the ẓāhirīs have established the related order based on the report “There is no prayer without reading Umm Al-Quran (Surah al-Fatehah)” and it is obligatory (fardh) to read Surah al-Fatehah in prayers.2. Because that the terms milk-mother and milk sister are in general form in the verse “It is forbidden to you to marry these people...Your milk-mothers who nursed you, your milk-sisters who nursed you” the ḥanafīs clarify that it is sufficient for a child to breastfeed only one time in order to form a milk-kinship. They do not act in accordance with the solitary report (al-khabar-al-wāhids) which indicate that the milk kinship specifying the verse shall only be formed with at least three or five breastfeeding. However, one of the ẓāhirīs, Dāwūd al-Ẓāhirī, has specified the verse with the report indicating that the kinship shall not be formed with less than three breastfeeding by the child, and Ibn Ḥazm has specified it with Salim hadith which indicates that the kinship shall be formed with five breastfeeding.3. According to ḥanafīs, there is an alimony and inhabiting right of the widow woman to be procured by the husband within the period of delay who divorced her either with irreversible divorce (talāq al-bāin) or reversible divorce (talāq al-ric‘ī) according to the generalization of the verse “Give shelter to them (the women you have divorced) in some part of your household within your capacity.” They did not act with the report of Fātima binti Qays, who specified the generalization of the verse. On the other hand, the ẓāhirīs recognize the abovementioned rights only for the women who got divorced with irreversible divorce or the ones who are pregnant, specifying the verse with the report indicating that His Holiness the Prophet does not grant alimony and inhabiting to the woman who was divorced with reversible divorce.4. According to ḥanafīs, the criminal who committed a crime that would require a death penalty and took refuge in the Harem region could not be executed while in Ḥarem, according to the common statement of the verse, “Whoever enters there, will be safe.” Dāwūd al-Ẓāhirī, one of the ẓāhirīs has specified the verse with the report indicating that His Holiness the Prophet has authorized the execution of the sentence to Ibn Khattal in Ḥarem on the day of the conquering of Mecca and he states that the death sentence can be executed wherever the criminal is caught, even if it is inside the Harem. Ibn Ḥazm shares the same view with ḥanafīs regarding the provision of this issue. However, the reason for his opinion stems from the fact that the report about Ibn Khattal was an event specific to that day. As it is seen, even though the ḥanefīs and ẓāhirīs share the same opinion about the general utterances being a certain indicant to all their members, they have disagreements upon the argument about the general utterances of Quran being specified by al-khabar al-wāhid and many Islamic Law regulations have been issued by these schools based on such disagreements. According to us, in the final analysis, Amr Osman’s claim must be met with caution. (shrink)

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

The work named Fusûlü'l-İmadî, which belongs to Ebü'l-Feth Zeynüddîn el-İmadî, the grandson of Burhaneddin el-Mergînânî, the owner of the famous Hidaye, which includes the subjects of Fürû-i Fiqh and the law of trial, has been one of the main works that has been applied by influencing many mufti, kadi and jurists, especially the Ottoman sheikhs. The work is also important in terms of being a source for many fatawa and fürû-i fiqh works. The fact that the work written in the (...) Fergana region is one of the main sources referenced both in the Ottoman geography and in other Muslim geographies also shows that the work is valuable. In this study, by pointing out the importance and value of the work, it was tried to determine the contribution of the work to the Ottoman period fetâvâ mecmuas and Hanafi fiqh literature. In the study, the life of Ebü'l-Feth Zeynüddîn el-İmadî was mentioned, and his work Fusûlü'l-İmadî was examined in detail. The contribution of the Ottoman Fetvâhâne, which uses Fusûlü'l-İmadî as a source, to some of the fetâva works, which are accepted as one of the most respected fetâva journals, is discussed and some quotations from the work are included with their examples. In addition, the contribution of the work to the Hanafi fiqh literature was examined on the basis of some fürû-i fiqh works of the Ottoman period and the work called Mir'ât-ı Mecelle. Thus, by pointing out the importance of Fusûlü'l-İmadî and his contribution to the literature of fiqh and fatwa, this work was drawn attention to new studies. (shrink)