Despite some promising steps in the right direction, organizational analysis has yet to exploit fully the theoretical and empirical possibilities inherent in the writings of Pierre Bourdieu. While certain concepts associated with his thought, such as field and capital, are already widely known in the organizational literature, the specific ways in which these terms are being used provide ample evidence that the full significance of his relational mode of thought has yet to be sufficiently apprehended. Moreover, the almost complete inattention (...) to habitus, the third of Bourdieu’s major concepts, without which the concepts of field and capital (at least as he deployed them) make no sense, further attests to the misappropriation of his ideas and to the lack of appreciation of their potential usefulness. It is our aim in this paper, by contrast, to set forth a more informed and comprehensive account of what a relational – and, in particular, a Bourdieu-inspired – agenda for organizational research might look like. Accordingly, we examine the implications of his theoretical framework for interorganizational relations, as well as for organizations themselves analyzed as fields. The primary advantage of such an approach, we argue, is the central place accorded therein to the social conditions under which inter- and intraorganizational power relations are produced, reproduced, and contested. (shrink)

Ijtihad is the mujtahid's putting forward all his efforts on a fiqh issue within the framework of methodological principles. Fatwa, on the other hand, are the explanations made regarding the questions asked in fiqh issues. Therefore, although there are similarities between fatwa and ijtihad in terms of declaring a fiqh knowledge, there are also some differences that distinguish both scientific activities from each other. Because of this difference, not every ijtihad qualifies as a fatwa that a Muslim can apply in (...) his life. A jurist who does not have the qualifications for ijtihad has to pay attention to when giving a fatwa by making use of the classical period ijtihad. The most important thing to consider when benefiting from the ijtihads that have been put forward is to correctly distinguish between the ijtihads that are historical and those that will always be used. In the fiqh books, there are many issues that can be described as historical ijtihad, in the context of their own time and conditions. Since it is not possible to present all such ijtihads within the framework of an article, in this study, the subject is discussed within the framework of ijtihads selected from fiqh books. From international relations to family law, there are many historically qualified ijtihads in the fields of fiqh, especially in the field of transactions. Today, international relations are quite different. It is of great importance to redefine the world and present fiqh rules accordingly. In the changing social structure, a new perspective is needed in the determination of the muruet. In the process of women's social position and participation in social life, great changes have been experienced all over the world and women have started to take part in many areas of life. In terms of the minimum age limit for marriage, it has become natural to marry at an older age than in the past. It has become almost impossible to act with the approach that those who have the same belief will obtain citizenship without other terms and conditions. It has become necessary to consider the views of jurists regarding the rights of non-Muslim citizens from a new perspective in the globalizing world structure. The implementation of views that give authority to private property owners regarding mineral ownership may be harmful to the security of the state and the public interest. There has been a need to look again at the legal provisions regarding the treasures under the ground in terms of public interest. In the article, it is stated why the ijtihads on the aforementioned issues have a historical character and in which framework the issue should be handled today. (shrink)

This work of ours is about the servant's display of behavior such as ruminating while fulfilling his responsibility to Allah. Since the verse related to our subject is in the Surah Hucurat, an evaluation will be made within the framework of this verse. During this evaluation, verses with similar characteristics that we think may be relevant will also be included. In addition, it will not only touch on the historical dimension of the issue, but also draw attention to what kind (...) of attitudes are exhibited today. Indeed, such behavior It continues in the same way in later periods as it did in the period of the Prophet. The person sent to the world for a test is responsible for fulfilling some obligations in this context. This is not a choice but a necessity. This is because man's being rewarded in the hereafter and living a more peaceful life in this world depend on this. Therefore, it is in his favor to fulfill his duty of servitude. For this reason, it is not morally correct to try to make others feel grateful for the behavior he fulfilled in accordance with the divine command. Because Allah is never in need of a servant's worship. There will always be people who will serve Him. It is the human being that is in need. Since everything he owns is at Allah's discretion, he needs Allah's help and support throughout his life, and even more so in the hereafter. The main goal of our study is to reveal opinions about how people should behave while fulfilling their servitude responsibility. In this context, the position of the creator and the issue of where the servant should stand against it will be explained. While the creator is at the highest position, man is only one of the things that he created. Of course, being given responsibility, unlike other beings, has increased the value of man in the sight of Allah. But this value is valid as long as he fulfills his servitude responsibility. Otherwise, he will descend to a lower level than all creatures. No matter how valuable a person is, he has to be aware of how helpless he is in front of his creator and that he is always in need of him. If he is not aware of this, the worship and good behavior he will perform will have no value in the sight of Allah. Because he could not behave in the way He wanted against the being he was responsible for. If he does this on purpose, of course, the price will be higher. The belief part of the issue is of greater importance. As a matter of fact, a person who appreciates Allah properly and knows His power well will need to determine his attitudes accordingly. In this context, knowing what the attributes of Allah mean and what the dimensions of these attributes are reflected in the servants will make the subject more understandable. Because the way to know Allah is to know His attributes. Another relevant issue is to show the necessary respect to the messengers sent by Allah, both in their lives and in the context of the knowledge they left behind. In this context, it will be necessary in our opinion to act with the knowledge that the hadiths that have reached us authentically are interpretations of the Qur'an. Because they are not people acting on their own, but chosen people who fulfill their duties according to Allah's orders. Therefore, disrespect to them will be considered as disrespect to God. It is seen that the Bedouins acted unconsciously on this issue that we are focusing on. These people who are new Muslims or claim to be Muslims. They had an extreme attitude towards the Prophet. This event did not occur once, but several times in similar ways. As we have just mentioned, their behavior will actually be considered disrespectful to Allah. It is known that they act with purely worldly motives. Because, instead of receiving good news, prayer and advice for the hereafter, they have revealed that they are after worldly interests in material terms. Verses on the subject have been revealed to set an example for people who will follow this attitude and show the same behavior in the future. In response to their behavior. It is admirable that the Prophet kept his calm and behaved tolerantly instead of responding to them in kind. Muslims living in later periods will also need to be more careful not to be exposed to the warning in the verse. (shrink)

From the mid-1960s through much of the 1980s, Durkheim's contributions to historical-comparative sociology were decidedly marginalized; the title of one of Charles Tilly's essays, "Useless Durkheim," conveys this prevailing sensibility with perfect clarity. Here, by contrast, I draw upon writings from Durkheim's later "religious" period to show how Durkheim has special relevance today for debates in the historical-comparative field. I examine how his substantive writings shed light on current discussions regarding civil society; how his analytical insights help to show how (...) action within civil society as well as other historical contexts is channelled by cultural, social-structural, and social-psychological configurations (plus transformative human agency); and how his ontological commitment to a "relational social realism" contributes to ongoing attempts to rethink the foundations of historical-comparative investigation. (shrink)

I pursue three aims in this article: (1) a contextualization of Jeffrey Alexander’s cultural sociology within the broader trajectory of his intellectual development; (2) a sketch of the key ideas of his approach to cultural analysis against the backdrop of contemporary debates regarding culture and social structure; and (3) an appreciation and critical assessment of Alexander’s program.

The well-known perception of war-hungry Muslims who had the Qur’an on the one hand and sword on the other offering a choice of either accepting Islam or losing one’s head has easily been created in the literature by the Orientalist scholars. Today the stress on the Jihad controversy by mass media in Europe and America is important and needs to be corrected. That jihad has usually been translated by the Western media as “holy war” is a greatly misunderstood principle in (...) Islam. There is no term in Arabic which means, “holy war”. War is not “holy” in Islam. I would like to divide this study into two parts: In the first part, the issue of conquest and its religious, ideological and theoretical references will be dealt with in reference to basic Islamic sources and the previous Islamic state’s practices. In particular, what are the limits of warfare and the position of civilians in the wars and wartimes according to the Islamic law will be looked for. In the second part, as a typical Islamic state, to what extend Ottoman conquests in the Balkans followed and practiced the legal way that opened up by Islamic law will be analyzed according to the available chronicles. (shrink)

The purpose of this study is to shed light on a period of time in Ottoman history when conversion policies and practices, influenced by the changes of times and, resulted in unprecedented socio-political directions. In order to do that, some conversion cases from the Ottoman society in Salonica will be presented. Conversion to Islam is of central importance in explaining the rise of empire and its formation in many scholarly studies. It was usually presented as an official policy of Ottoman (...) administration throughout the centuries. The devshirme system and Sufi preaching were considered to be the major instruments of mass conversion to Islam.On the contrary, I propose to look at the conver- sion issue in the nineteenth century context from a different angle. (shrink)

The principles underpinning Islam's ethical framework applied to routine clinical scenarios remain insufficiently understood by many clinicians, thereby unfortunately permitting the delivery of culturally insensitive healthcare. This paper summarises the foundations of the Islamic ethical theory, elucidating the principles and methodology employed by the Muslim jurist in deriving rulings in the field of medical ethics. The four-principles approach, as espoused by Beauchamp and Childress, is also interpreted through the prism of Islamic ethical theory. Each of the four principles is investigated (...) in turn, looking in particular at the extent to which each is rooted in the Islamic paradigm. This will provide an important insight into Islamic medical ethics, enabling the clinician to have a better informed discussion with the Muslim patient. It will also allow for a higher degree of concordance in consultations and consequently optimise culturally sensitive healthcare delivery. (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)

The meta-problem is 'the problem of explaining why we think that there is a problem of consciousness' (Chalmers, 2018, p. 6). This presupposes that we think there is a problem in the first place. We challenge the breadth of this 'we', arguing that there is already sufficient empirical evidence to cast doubt on the claim. We then add to this body of evidence, presenting the results of a new cross-cultural study extending the work of Sytsma and Machery (2010).

The divine command meta-ethics (hereafter, DCM) promote non-naturalist realism about the ontological status of moral properties while depending on this ontological status on a such-and-such divine being’s moral roles derived from some relevant divine characteristics. As DCM typically contends, our moral discourse depends on God’s commands and prohibitions to the effect that an action A is morally right if and only if God commands A. Robert M. Adams (1979, 1987a) offers a modification that explicates the dependency relation between a loving (...) God’s commands and moral properties on metaphysical grounds to the effect that some action A is morally right if and only if it is not logically but metaphysically necessary for a loving God to command A. In this paper, I discuss whether Adams’ modification stands for a cogent account of DCM in a few respects. Firstly, Adams fails to provide robust reasons for grounding moral realism so that his commitment to the reality of moral properties merely expresses a theoretically unwarranted assumption hinging on a presumptive case in our moral discourse. Particularly, his assumption on the pervasiveness of strongly held moral beliefs is unwarranted and it inherits a vague notion of certainty. Secondly, Adams' response to the Euthyphro dilemma does not satisfactorily sort out the concerns accompanying this dilemma, mainly because his response relies on a vague notion of divine love that allegedly necessitates God commanding morally permissible acts while this notion cannot be trivially reducible into a moral aspect. (shrink)

Robert M. Adams (1979, 1987a, 1987b) defends a modified variant of the divine command theory (hereafter MDCT) to the effect that he proposes a moral argument for God’s existence driven in the form of practical reasoning with respect to rational moral agents’ beliefs in the adequacy of MDCT. For Adams, one’s commitment to MDCT as the most adequate theory legitimately provides her a practical reason for why she ought to believe in God’s existence which MDCT implies. In this paper, I (...) criticize the viability of Adams’ moral argument considering its argumentative structure and strategy. Adams’ strategy behind his moral argument, i.e. mediating theistic beliefs with deontic ones, seeks out a non-decisive medium that might be used to ubiquitously generate equally plausible arguments for/against God’s existence based on distinct sorts of allegedly adequate theories of some subject matter. Thus, his argument does not seem to distinctively ground God’s existence in comparison with a myriad of practical arguments which might follow the same argumentative strategy on the same practical grounds. More significantly, there seems to be coherent no way for Adams to disambiguate his argument on theoretical grounds. (shrink)

Mustafa Dikec reveals the aesthetic premises that underlie Hannah Arendt, Jean-Luc Nancy and Jacques Ranciere's political thinking, and demonstrates how their politics depend on the construction and apprehension of worlds through spatial forms and distributions. Exploring these dimensions of the political, he argues that politics is about how perceive and relate to the world. Space is a form of appearance and a mode of actuality, and the disruption of such forms and modes is the sublime element in politics.

Sosyal medya, insanları alış veriş alışkanlıklarından yatırım kararlarına kadar birçok ticari niyetleri üzerinde yüksek etki düzeyi olduğu güncel birçok çalışmada araştırılmaya başlanmıştır ve bu ilişki ortaya konmuştur. Bu ilişki üzerine inşa edilerek geliştirilen güncel analiz yöntemleri yatırım araçlarının gelecek değerlerini tahmin ederek yatırım kararları almada bir destek mekanizması olarak kullanılması çok cazip bir konudur. Bu sebeple bu ilişki yatırımcı ve analistlerden akademisyenlere kadar güncel bir ilgi konusu olmuştur. Bu çalışmanın amacı da sosyal medya ile yatırım kararları arasındaki ilişkiyi metinsel ve (...) finansal analiz aracılığı ile görmeye çalışmaktır. Bu çalışmada Twitter üzerinden metin madenciliği ile veri çekilmiş ve sentiment(duygu) analizi ile yorumların olumlu ya da olumsuz olma durumu incelenmiştir. Sentiment analizinden elde edilen sayısal değerler ile güncel ve küresel bir yatırım aracı olan Bitcoin fiyatları arasındaki ilişkinin varlığını sorgulamak adına Granger Nedensellik analizi gibi finansal analizler kullanılmıştır. (shrink)

Science has been dazzlingly successful in explaining nature. Scientific advances also have led to certain undesirable, though unintended, side effects, one of which is alienation from the spiritual. Revelation comes from the Divine. But what is the status of authenticity of a particular piece claimed to be revelation? What is its historical validity and current state of preservation? This essay proposes to develop a list of rational criteria, in consultation with all stakeholders, for addressing the subject. The aim is to (...) bring objectivity into this discourse by placing it more on the turf of reason rather than basing it on considerations of faith and prior allegiance. (shrink)

The mole and Avogadro’s number are two important concepts of science that provide a link between the properties of individual atoms or molecules and the properties of bulk matter. It is clear that an early theorist of the idea of these two concepts was Avogadro. However, the research literature shows that there is a controversy about the subjects of when and by whom the mole concept was first introduced into science and when and by whom Avogadro’s number was first calculated. (...) Based on this point, the following five matters are taken into consideration in this paper. First, in order to base the subject matter on a strong ground, the historical development of understanding the particulate nature of matter is presented. Second, in 1811, Amedeo Avogadro built the theoretical foundations of the mole concept and the number 6.022 × 1023 mol−1. Third, in 1865, Johann Josef Loschmidt first estimated the number of molecules in a cubic centimetre of a gas under normal conditions as 1.83 × 1018. Fourth, in 1881, August Horstmann first introduced the concept of gram-molecular weight in the sense of today’s mole concept into chemistry and, in 1900, Wilhelm Ostwald first used the term mole instead of the term ‘gram-molecular weight’. Lastly, in 1889, Károly Than first determined the gram-molecular volume of gases under normal conditions as 22,330 cm3. Accordingly, the first value for Avogadro’s number in science history should be 4.09 × 1022 molecules/gram-molecular weight, which is calculated by multiplying Loschmidt’s 1.83 × 1018 molecules/cm3 by Than’s 22,330 cm3/gram-molecular weight. Hence, Avogadro is the originator of the ideas of the mole and the number 6.022 × 1023 mol−1, Horstmann first introduced the mole concept into science/chemistry, and Loschmidt and Than are the scientists who first calculated Avogadro’s number. However, in the science research literature, it is widely expressed that the mole concept was first introduced into chemistry by Ostwald in 1900 and that Avogadro’s number was first calculated by Jean Baptiste Perrin in 1908. As a result, in this study, it is particularly emphasised that Horstmann first introduced the mole concept into science/chemistry and the first value of Avogadro’s number in the history of science was 4.09 × 1022 molecules/gram-molecular weight and Loschmidt and Than together first calculated this number. (shrink)

The recent revival of the theme of hospitality in the humanities and social sciences reflects a shared concern with issues of belonging, identity and placement that arises out of the experience of globalized social life. In this context, migration — or spatial dislocation and relocation — is often equated with demands for hospitality. There is a need to engage more carefully with the ‘proximities’ that prompt acts of hospitality and inhospitality; to attend more closely to their spatial and temporal dimensions. (...) Is the stranger or the Other primarily one who is recognisably ‘out of place’? Or is there more to being estranged than moving from one territory to another? This brings us to the question of human finitude, and to the possibility of encounters with others that do not simply only occur in time or space, but are themselves generative of new times and spaces. (shrink)

Reason and revelation are two important guides for humanity. People can find the right path only thanks to these two guides. Fatānah is the peak of functional intelligence, which is a special attribute given to prophets. At the same time, this attribute is the ability and competence to use reason in the best way. Needless to say, this attribute comes along with great values and privileges. This prophetic attribute not only reflects the human aspect of the prophets but also points (...) to a qualification through which they receive revelation. Through this feature, prophets, on the one hand, try to understand revelation and apply it. On the other hand, they solve the problems in their community by practicing ijtihād in cases where revelation has not come. This creates a great power that makes them superior to others. As it is known, everyone’s mental faculties are different. Although people are given intelligence according to their degree, they are not given the attribute of fatānah. At this point, reason means the power of understanding, comprehension, thinking, and reasoning. Fatanāhis a superintelligence through which prophets can see events from multiple perspectives and analyze them in depth. We shall briefly mention the fatanāh of the Prophets Muhammad and Abraham as examples. The Prophet Muhammad fought for tawḥīd (God’s unity) in his polytheistic society. In order to transform the society in question, he reformed them by acting with reason, logic, and reasoning with the support of revelation. At the end of this struggle, he successfully transformed his community into a religious, theistic, and moral society in 23 years. He was the authority to solve the people's problems in both Mecca and Medina. He successfully found solutions to peoples’ problems. His success has been explained by the attribute of fatanāh, along with divine support. When we look at the life of Prophet Abraham, who is considered to be the ancestor of the prophets, the attribute of fatānahis clearly seen in his prophecy. That is to say, in his discussions with his father Āzar, Prophet Abraham wanted him to think that "idols are inanimate objects that do not harm or benefit anyone and have no function in creation." The best example of his superintelligence is that he broke the idols in the idol household with an axe and hung the axe around the neck of the big idol. On this occasion, he made idol-worshippers use their intellect. The subject of this article is to emphasize the importance of this attribute found in the prophets, along with the support of revelation, as an example for people. To better explain the subject, the paper also examines the intellect-revelation relationship and intellect-superintellect relationship. (shrink)

Yüzyıllardan beri Türk ve İslâm dünyasının fikir ve edebiyat çevrelerinde işlene gelmiş önemli konulardan biri de tasavvuf konusudur. Bu konuda verilen eserlerden biri de Erzincan, Kemaliye (Eğin) doğumlu mutasavvıf, şair Mustafa Fevzi Efendi (1871-1924) tarafından manzum biçimde yazılan Risâle-i Miratüş-Şühûd fî-Meseleti Vahdetil-Vücûd adlı eserdir. Bu eserde, şeriat, tarikat, hakikat ve marifetin ne olduğu ele alınmıştır. Gerçek ve Hak dostları ile yalancı ve sahtekâr taklitçilerin özellikleri anlatılmaktadır.

In this article, I will discuss how neoliberalism affects subjects and what friendship looks like in the neoliberal world we live in. I will show that one of the most important consequences of neoliberal intervention on the subject is the severe damage to the bonds of friendship. In the neoliberal world, we live constantly in a competitive environment dominated by temporary relationships. Friendships seem to be valuable only to gain advantages and to be ahead of others. Those who have more (...) influential ‘friends’ are more likely to get what they want. The concept of friendship, then, has to do with a meaning that involves calculating what one must contribute to obtain. In this article, I will try to explore how neoliberalism invests in the subject and how friendship is treated in the neoliberal world. I will ask how ‘true friendship’ can help us improve our lives by turning to the ways in which friendship shows up in the social relations in which we live. (shrink)

Sosyal varlıklar olan insanlar, tarih boyunca birbirleri ile alışveriş yapma ihtiyacı hissetmişlerdir. Bu alışverişler, genellikle satış akdi yoluyla gerçekleştirilmiştir. Satış akitlerinin kurulmasında en yaygın görülen yöntem ise pazarlık usulü ile gerçekleştirilen müsâveme yöntemidir. İnsanlar satış akdini kurarken, akdin unsurları üzerinde pazarlık yaparak bir anlaşmaya varmışlardır. İslâm hukuku bu yöntemin sınırlarını belirlemiştir. İnsanların birbirlerinin haklarını ihlal etmeden pazarlık yapabilmelerini sağlayacak düzenlemeler getirmiştir. Ayrıntıları başta örf olmak üzere farklı delillerle düzenlense de, insanların satış akdini kurarken bu sınırlara dikkat etmesi gerektiği, doğrudan doğruya (...) naslar ile emredilmiştir. Bu durum hem şahsi zararların hem de toplumsal zararların önüne geçilmesi açısından büyük önem arz etmiştir. Bu kapsamda getirilen bazı sınırlamalar şu şekildedir: Satılmış olan bir malın devredilmeden bir başkasına satılmaması, fiyat yükseltmek amacıyla üçüncü kişinin pazarlığına dahil olunmaması gerektiği ve tarafların pazarlık aşamasının sonu geldiği, anlaşma meyillerinin oluştuğu durumda üçüncü kişinin pazarlığa dahil olmaması gerektiği belirtilmiştir. Bu sınırlamalardan, tarafların anlaşma meyillerinin ortaya çıkmış olduğu durumda üçüncü kişinin taraflardan birinin aleyhine pazarlığa dahil olması konusu çalışmamızda ele alınmıştır. Bu husus İslâm hukuk literatüründe sevm ale’s-sevm olarak nitelendirilmiştir. Türkçe literatürde genellikle pazarlık üzerine pazarlık olarak çevrilmiştir. Çalışmada sevm ale’s-sevm kavramına genellikle yer verilmiş olmakla birlikte, Türkçe olarak ifade edilmesi gerektiğinde pazarlık üzerine pazarlık kavramı kullanılmıştır. Taraflar pazarlığa yönelik ifadelerini akdin kurucu unsuru olan irade beyanı ile birbirlerine iletmektedirler. Dolayısıyla bu çalışmada öncelikle irade beyanına yönelik açıklamalar yapılmıştır. Pazarlığa yönelik bu irade beyanlarının icâb niteliğinde mi yoksa icâba davet niteliğinde mi olduğu hususunda açıklamalara yer verilmiştir. Bu açıklamaların ardından müsâveme yöntemi tanımlanmış ve genel olarak bu yönteme ilişkin bilgi verilmiştir. Müsâveme yöntemi ile oluşturulan akitler ile bu yönteme benzer yöntemlerin farkları hususunda açıklamalar yapılmıştır. Pazarlık yapılırken dikkat edilmesi gereken hususlara değinilmiş ve pazarlık üzerine pazarlık yapmanın yasak olduğu ifade edilmiştir. Akit kurulurken hangi aşamada pazarlığa dahil olmanın bu yasak kapsamında sayılacağı ve hangi aşamadaki müdahalenin yasak kapsamına dahil olmayacağı belirtilmiştir. Bu yasağın neden gerekli olduğu konusunda yapılmış olan açıklamalara yer verilmiştir. Sevm ale’s-sevmin söz konusu olduğu akitlerin genel olarak diyaneten haram kabul edildiği bununla birlikte kazaen bu akitlerin geçerli olduğu ifade edilmiştir. Bu yasağın kapsamına sadece müslümanların değil aynı zamanda müslüman olmayan vatandaşların ve müste’menlerin de dahil olduğu ifade edilmiştir. Buna göre müslüman olmayan bir vatandaş veya müste’men aleyhine böyle bir pazarlığa dahil olmanın hukuka uygun kabul edilmeyeceği açıklanmıştır. Sevm ale’s-sevmin yalnızca satış akdi açısından değil, aynı zamanda kıyas yoluyla diğer akitler bakımından da geçerli olacağı belirtilmiştir. Bu açıklamalarda Hanefî mezhebinin görüşü esas alınmış olmakla birlikte diğer mezheplerin görüşlerine de yer verilmiştir. Makale genel itibariyle Hanefî mezhebi odağında diğer mezheplerin görüşlerine de yer verilen bir yöntemle oluşturulmuştur. Tüm bu görüşlerin ardından mer’î hukukta bu yasağın uygulanıp uygulanmadığı hususunda açıklamalar yapılmıştır. (shrink)

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

It can be said that Westerners have always seen Muslims and Islam as an obstacle to their own existence. They constantly see themselves as superior and try to belittle those who are not like them. The prejudice created by this point of view has prevented them from seeing Islamic civilization. Although many scientists and thinkers have tried to evaluate this accumulation by being influenced by Islamic thought, governments and people have always viewed the issue as such an opposition. This hatred (...) increased even more when Muslims began to conquer the countries of Western (Christian) societies through conquests. The aim of the "Orientalism Research Centers", which was established with the support of the Vienna Church Council, was to make this struggle more systematic by recognizing the Easterners/Muslims instead of understanding them in all their aspects and through the weak sides they could find. Thus, Westerners wanted to place in the Muslim mind The notion they were superior in every field, that Muslims had always been reactionary and that they had to be corrected. In the modern era, the idea that religion is contrary to science and progress and is the source of all conflicts has prevailed in the West. For this reason, it is aimed to create a human and society free from religion and religious.. In the modern era, a secular society experiment was made, people could not be happy. When it comes to the post-modern period, people, whose spiritual and belief aspects were neglected, showed a tendency to turn to religion again with the longing for this. Western governments, politicians and global capitals have resorted to all kinds of remedies to prevent this tendency towards Islam. The construction of Islamophobia has been a concrete proof of this pursuit. The fact that the perpetrators of the September 11 events in the USA and the terrorist attacks in many other western states which is following them, consist of Muslims, has been the pillar of the construction of “Islamophobia” in the West. Capital appetites of global capitals and ancient hostilities have opened the door to direct intervention in Muslim countries with “Islamophobia”. Thanks to Islamophobia, this intervention has been accepted as legitimate in both Western and many Eastern societies. In this study, it is focused on how the “Islamophobia” built into a pragmatic tool is transformed. It has been emphasized that Islamophobia is a legitimate basis for the West to control the energy and oil resources of the Middle East, which has whetted the appetite of the USA. At this point, it has been seen that the West and the USA have achieved their goals to a large extent. However, it was emphasized that in the intervened societies, problems such as poverty, terrorist incidents, ethnic and sectarian divisions, and the masses being forced to migrate could not be solved in the recent past. In this study, an analysis has been made by dealing with a qualitative method, why Westerners behave like this and what they aim with it. (shrink)

Osmanlının son dönemleri ve Cumhuriyetin ilk yıllarında değişik eğitim kurumlarında kelam ilmi dersleri veren Arapkirli Hüseyin Avni, Mâtürîdî gelenekten gelmesine rağmen Eş’ari geleneğin önemli bir kolu olan felsefî-kelamın da son dönem önemli temsilcilerindendir. Bu çalışmada Hüseyin Avni’nin bilgi anlayışı, kendi eserleri temel alınarak ortaya konulmaya çalışılmıştır.Hüseyin Avni, yapılan birçok bilgi tanımını eleştirmiştir. Mâtürîdî’ye ait olan tanımın güzel bir tanım olduğunu vurgulamıştır. Kendisi ise bilgi ile ilgili bir tanım denemesi yapmamıştır. Daha ziyade felsefe kelam tartışmalarının ve birbirlerine karşı reddiyelerin gündeme getirildiği (...) tehâfüt geleneğine benzer bir bilgi tasnifi yapmaktadır.Bilginin kaynakları konusunda kelam geleneğine tam bir bağlılıkla bilginin kaynaklarının üç olduğunu belirtir. Bunların duyular, haber ve akıl olduğunu söyler. Bu kaynakların her birinin ayrı alanla ilgili bilgiler getirdiğini ve bu bilgilerin güvenilebilir kesin bilgiler olduğunu söyler. Duyuları tek tek ele alan Hüseyin Avni, kelamcıların kabul ettiği beş dış duyunun yanında İslam Filozoflarının kabul ettiği beş iç duyuya da yer vererek felsefî kelamın izlerini yansıtmaktadır. Haber konusuna özellikle de doğru haber konusuna değinerek resulün haberi ile daha ziyade hadisleri kastettiğini görmekteyiz. İlhamın sübjektif oluşu dolayısıyla kelamda delil olamayacağını belirtirken akıl hususunda hem kelamcıların hem de filozofların kabullerine yer vermektedir. (shrink)

The attempt in this article is to reflect on the notion of hospitality, building on Derrida's engagement with the notion. In doing so, I visit some of the debates on cosmopolitanism, a term which, I believe, is sometimes used overenthusiastically, neglecting the negative implications it might carry. Besides, I observe the same uncritical stance towards the reception of Kant's notion of `universal hospitality', developed in his famous piece on `Perpetual Peace', a text that has been at the core of the (...) recent debates on cosmopolitanism. I revisit Kant's text to discuss the implications of his project. I distinguish between `the other' and `the stranger', and try to develop a politics and ethics of hospitality due to the stranger. I conclude with some implications of `not being home'. (shrink)

The attempt in this article is to reflect on the notion of hospitality, building on Derrida's engagement with the notion. In doing so, I visit some of the debates on cosmopolitanism, a term which, I believe, is sometimes used overenthusiastically, neglecting the negative implications it might carry. Besides, I observe the same uncritical stance towards the reception of Kant's notion of `universal hospitality', developed in his famous piece on `Perpetual Peace', a text that has been at the core of the (...) recent debates on cosmopolitanism. I revisit Kant's text to discuss the implications of his project. I distinguish between `the other' and `the stranger', and try to develop a politics and ethics of hospitality due to the stranger. I conclude with some implications of `not being home'. (shrink)

The effectiveness of a compliance management framework can be guaranteed only if the framework is based on sound conceptual and formal foundations. In particular, the formal language used in the CMF is able to expressively represent the specifications of normative requirements that impose constraints on various activities of a business process. However, if the language used lacks expressiveness and the modelling constructs proposed in the CMF are not able to properly represent different types of norms, it can significantly impede the (...) reliability of the compliance results produced by the CMF. This paper investigates whether existing CMFs are able to provide reasoning and modeling support for various types of normative requirements by evaluating the conceptual foundations of the modeling constructs that existing CMFs use to represent a specific type of norm. The evaluation results portray somewhat a bleak picture of the state-of-the-affairs when it comes to represent norms as none of the existing CMFs is able to provide a comprehensive reasoning and modeling support. Also, it points to the shortcomings of the CMFs and emphasises exigent need of new modeling languages with sound theoretical and formal foundations for representing legal norms. (shrink)

The American Journal of Bioethics, Volume 12, Issue 1, Page 13-15, January 2012.

Public discussions of ethical issues related to the biotechnology industry tend to treat "biotechnology" as a single, undifferentiated technology. Similarly, the pros and cons associated with this entire sector tend to get lumped together, such that individuals and groups often situate themselves as either "pro-" or "anti-" biotechnology as a whole. But different biotechnologies and their particular application context pose very different challenges for ethical corporate decision-making. Even within a single product category, different specialty products can pose strikingly different ethical (...) challenges. In this paper, we focus on the single over-arching category of "genetic testing" and compare tests for disease susceptibility and drug response. We highlight the diversity of ethical challenges - grouped under the broad categories of "truth in advertising" and "protecting intellectual property" - raised by the commercialization and marketing of these technologies. By examining social and technical differences between genetic tests, and the associated corporate ethics challenges posed by their commercialization, our intent is to contribute to the nascent business ethics literature examining issues raised by the development and marketing of genetic tests. (shrink)