Giorgio Agamben presents us with one of the most powerful and controversial criticisms of human rights. He contests conventional understandings of human rights as normative setbacks on sovereign power, and shows instead how these rights reinforce sovereignty by producing bare lives that are irredeemably exposed to violence. This essay aims to understand the distinctive aspects of Agamben's critique and assess his concluding call for a politics beyond human rights. It suggests that this call is necessitated by a counternarrative of Western (...) politics that ties human rights inextricably to the logic Agamben ascribes to biopolitical sovereignty. Within this stringent logic, any politics organized around human rights cannot help but reproduce sovereign violence. The essay questions this counternarrative in two ways: First, it shows how this counternarrative, which aims to unveil all the myths that sustain sovereignty, ends up repeating what it identifies as the distinctive mythologizing gesture: rendering the contingent necessary. Second, it turns to Agamben's notion of ‘potentiality’ to break the binding spell of his narrative of fated necessity and reclaim the contingent, equivocal and unpredictable effects of modern rights declarations and struggles. The essay concludes with a discussion of contemporary rights struggles of sans-papiers to illustrate the strengths and limits of Agamben's critique of human rights. (shrink)

In confrontation with the current events of his time, Max Scheler develops his idea of a “new Europe”, which is to emerge from the ruins of the First World War in confrontation with “capitalist England” and through the awakening of a new religiosity. From the 1920s onwards, the idea of unity under Catholicism is overcome and raised to a higher level to a global and cosmopolitan level. Scheler speaks of a “cosmopolitanism” that needs to be learned and will ultimately entail (...) a balancing process (Ausgleichsgeschehen). Scheler understands this Ausgleich and cosmopolitanism as an educational task (Bildungsaufgabe). According to Scheler, only in and through the education (Bildung) of persons towards this idea can national, cultural and religious one-sidedness be overcome. Scheler's new conception of knowledge and Bildung plays an essential role in this, culminating in the concept of the all-man (Allmensch), who, as a relative all-man, is to be both a model and a goal. (shrink)

Stark variations exist in U.S. immigration enforcement. These variations have persisted even during the COVID-19 pandemic, when special measures that should have constrained variations were in place. This Article argues that variations in discretionary enforcement decisions based on resistance to national policies, bias, illegal tactics, or arbitrariness are unjust and should be curtailed. The Article first distinguishes between transparent sources of variation in immigration law and variations that stem from non-transparent, discretionary determinations. Within the category of discretionary determinations, the Article (...) argues that there are just and unjust variations. It contends that unjust variations raise serious constitutional concerns, weaken preemption doctrine, and require us to reconceptualize the immigration federalism debate to account for cooperative and uncooperative behavior within the federal government itself. Finally, the Article offers solutions to help limit unjust variations. (shrink)

The paper explores the impact of the corona virus disease-19 pandemic on the Saudi higher education system. The research focuses on the relationship between digital learning in COVID-19 time, life satisfaction, and stress among female students. The study discusses measures, practices, defense mechanisms, and coping strategies to face challenges. Using an online survey based on psychological effects and its role in defense mechanisms and coping strategies, findings show that digital learning provides flexibility in terms of time and offers resources at (...) a lower cost compared to traditional learning. In addition, results show that the coping strategy perception is higher in obtaining a good score and succeeding than to get over the pandemic and recovering from the illness itself. Finally, results confirm that a positive attitude influences positively life satisfaction. (shrink)

The problem of evil and theodicy is one of the most important subjects in the field of Philosophy of Religion. The problem of evil is basically understood as the problem of incompatibility of the existence of God with evil. While the problem of evil is used to justify atheistic claims, theodicy has been developed to strengthen theistic claims. Mawlânâ D̲j̲alāl al-Dīn Rūmī (1207-1273), who is the important sufi thinker of Turkish-Islamic culture, is generally known for his mystical and literary works. (...) Although Mawlânâ 's philosophical views have not been studied sufficiently, it is seen that he presents his important ideas in the philosophical field, especially in the philosophy of religion, in a non-systematic and hidden way in his works. In this study, the problem of evil has been studied in the case of Mawlânâ, within the scope of the evil’s types and the problem of evil’s types in the literature. In addition, it has been examined whether Mawlânâ discussed the evil as a philosophical problem and contributed to the solution of the problem of evil. Then, one of the theodicy used by Mawlânâ, which is related to contrasts, has been called the theodicy of contrasts and has been explained and systematized. It is known that theodicy related to theme of contrast was developed before Mawlânâ. As a result, Although it cannot be said that Mevlânâ made an original contribution to the problem of evil with his theodicy of contrasts in terms of content, it can be said that he approached originally to this problem in terms of his metaphorical manner and expression style. (shrink)

İngilizler, Oryantalizm alanında önemli çalışmalar ortaya koymuşlardır. Geçmişte İngilizler ilk dönemlerinden itibaren İslamiyet hususunda bilgi birikimleri üst seviyelere ulaştığı halde, Şiîlik çalışmaları işin içine dâhil olduğunda daha geç tarihlere rast gelmiştir. İngilizlerin Şiilik alanında çalışmalarının hayata geçmesiyle ilginç hususiyetler kendini göstermiştir. Bilgi-siyaset, siyaset-bilgi denklemleri İngilizlerin Orta Doğu coğrafyasındaki etki ve icraatlarında değişmeyen hareket noktası olmuştur. Safevîler döneminden başlayarak, Dünya savaşları sürecinde saha hâkimiyetlerinin arka planında yüksek bilgi birikimi kendini göstermiştir. Ortadoğu bugün bile bu etkiden hala kurtulamamıştır. Çalışmamızın ana ekseni olan (...) İngiliz erken dönem Şiilik çalışmalarının genelinde göze çarpan hususları arz ettikten sonra bu alanda zirveye noktaya ulaşmış İngiliz Araştırmacı Thomas Herbert’i incelemeye çalıştık. Herbert, dönemin Şia düşüncesini, sokakta yaşayan hayatını ve bizzat kendi gözlemlerinden aktarması bakımından oldukça benzersizdir. Bize aktarmış olduğu bazı adetler ve davranışlar bugün mevcut olmaması bakımından tarihi belge niteliğindedir. (shrink)

The aim of the present study is to evaluate Sonja Foss’s Rhetorical Schema for the Evaluation of Visual Imagery as well as reflect upon several points for further consideration; and finally suggest a renewed triadic approach as a method for analyzing art-relevant visual imagery. The triadic approach to be discussed assumes three correlative layers: the intellectual knowledge, function of the artistic content as the visual representational component, and aesthetics as modality. This study will include the analysis of a print advertisement (...) that used an artwork as its content of visual rhetoric, and this will inform further discussions on the proposed approach. The contribution of this renewed triadic approached to the field of visual rhetoric has the advantage of expanding and possibly improving rhetorical analysis methods of visual imagery. (shrink)

The purpose of this study was to explain differences between employees who feel a sense of belonging and those who feel a sense of otherness in terms of their opinions about diversity works in their organizations. We conducted an empirical study to examine the perceptual differences between two independent groups of the study “who feel a sense of belonging” and “who feel a sense of otherness.” We collected data from 792 employees working for organizations in different sizes, industries, and capital (...) structures, which enriched the representativeness of the sample. The findings show that out-group members remain less satisfied with diversity works in their organizations based on four main issues such as “competence of diversity actors,” “embeddedness of diversity works in organizational policies/practices,” “diversity awareness in the HRM functions,” and “diversity-related employee satisfaction.” This paper makes two contributions. First, it contributes to the extant literature an understanding of the differences between those who remain indifferent to diversity works and those who care to see, speak, and hear about them. Second, with a few exceptions, extant studies on diversity works have been dominated by Western-centered research. Research is needed on countries with different macro-contextual conditions, such as different legal regulations, socio-political status, and history. For this study, survey data were collected from people who work in Turkey, a country which has limited legal measures and underdeveloped discourses for equality, diversity, and inclusion. The paper provides significant insights into leading diversity works in national settings with less developed supportive mechanisms for diversity. (shrink)

On December 7,1999, a divided Oklahoma Supreme Court held in Nealis v. Baird that a claim may be brought under Oklahoma's wrongful death statute on behalf of a nonviable fetus born alive. The decision represents a departure from the traditional notion that “viability”—the ability of a fetus to sustain life outside the womb with or without medical assistance—is the standard for wrongful death recovery. In replacing the “viability” standard with a “live birth” standard, the majority maintained that live birth is (...) the “unassailable point at which legal rights must be said to attach to the human person. “ By holding a nonviable fetus a legal “person” for the purpose of a wrongful death claim, the court's decision emphasizes the limited application of the United States Supreme Court's holding in Roe v. Wade that a fetus is not a person for the purposes of the Fourteenth Amendment. (shrink)

This study examines the relationships among intrinsic and extrinsic religious orientations, locus of control and depression levels of 430 Turkish Muslim university students. The results show that some locus of control dimensions are related to participants’ religious orientations, but depression has no significant impact on intrinsic or extrinsic religiousness. Hierarchical Regression Analyses were conducted for predicting the intrinsic and extrinsic religious orientations of different gender. Belief in chance and belief in fate contribute to male and female participants’ intrinsic religious orientations. (...) Meaninglessness of effortfulness was crucial only for women's intrinsic religiosity. Higher belief in meaninglessness of effortfulness was related to lower intrinsic religiosity scores for women. Among the locus of control variables, only belief in fate contributed to extrinsic religious orientations in both men and women. Belief in an unjust world positively contributed only to male extrinsic religious orientations. Women had higher intrinsic religiosity scores. (shrink)

Name der Zeitschrift: Byzantinische Zeitschrift Jahrgang: 107 Heft: 2 Seiten: 785-810.

This article aims to examine the racialized forms of violence enacted by contemporary border regimes by rethinking border deaths as “forced disappearances." Although “forced disappearance” is often associated with military dictatorships, I extend it to border control policies that push migrants beyond the pale of the law, make it difficult to find out about their fates or whereabouts, and render their lives disposable. In thinking about border deaths as forced disappearances, I move beyond the strictly juridical meaning of this term (...) and foreground its phenomenological resonances to inquire into the conditions of appearance and disappearance, including the social structures, normative orders, and representational frameworks that make and unmake one’s relations to the world and other living beings. To undertake such an inquiry, I engage with Frantz Fanon's works and examine how borders establish racialized partitions among both the living and the dead. The analysis highlights how certain elements of colonialism—spatial compartmentalization, racial immobilization, routinized violence, legalized lawlessness—reappear within border governance. It also points to the crucial role that law plays in legitimizing racialized state violence in border control. (shrink)

This article provides a new interpretation of Hannah Arendt’s critical analysis of the ‘perplexities of the Rights of Man’ by drawing attention to its overlooked methodological orientations, especially its ‘aporetic’ nature. Arendt’s critique is aporetic as it centres on the paradoxes of human rights and analyses them by putting into practice a mode of inquiry that she associates with Socrates. The article challenges the conventional understanding of aporia as a paralysing impasse and suggests that aporetic thinking can create possibilities of (...) rethinking key concepts especially in times of crises. To make this point, I respond to Jacques Rancière’s criticism that the paradoxes introduced by Arendt paralyse thinking and doom human rights to an inevitable destiny of failure. I argue that, precisely because of its aporetic nature, Arendt’s critique attends to possibilities of rethinking and reinventing human rights, as can be seen in her articulation of ‘a right to have rights’. (shrink)

Māzarī al-Tamimī (d. 536/1141) was one of the last jurists who lived in North Africa before the fall of al-Andalus. He is the author of Izāḥ al-Mahsūl, which is considered to be an important turning point in the formation of the uṣūl al-fiqh structure of Mālikī jurisprudence. The lack of studies on the uṣūl al-fiqh of al-Māzarī, who had considerable knowledge in the fields of ḥadīth, fiqh, theology, medicine, and fatwā, made this study necessary. This study examines al-Māzarī's understanding of (...) uṣūl through his work Izāḥ al-Mahsūl in the field of uṣūl al-fiqh. Izāḥ al-Mahsūl is al-Māzarī's commentary on the Shāfiʿī scholar al-Juwaynī's (d. 478/1085) al-Burhan fi uṣūl al-fiqh on uṣūl al-fiqh. The commentary on al-Juwaynī's al-Burhān is one of the fundamental texts of Shāfiʿī usūl al-fiqh. In his commentary on this important work, al-Māzarī followed his teacher al-Juwaynī's subject classification and systematization and applied the method of the mutakallim in writing uṣūl al-fiqh. Although it bears similarities with his teacher's work, this commentary, even in its incomplete form, is an independent work with the opinions and evaluations it includes. Al-Māzarī did not hesitate to oppose his teacher in the work and put forward his own method of ijtihād. Izāḥ al-Mahsūl, which is the subject of this study, is an important example of the influence of Shāfiʿī uṣūl al-fiqh on Mālikī uṣūl al-fiqh in terms of method and content. With this work, the Mālikī uṣūl al-fiqh literature and texts were modelled after Izāḥ al-Mahsūl. This work, which was a source for post-Māzarī Mālikī jurists, is also the subject of this study because it contains the traces of the Shāfiʿī-Mālikī interaction in Islamic jurisprudence. Within the scope of the study, the principles that stand out in al-Māzari's understanding of uṣūl al-fiqh in his work Izāḥ al-Mahsūl were tried to be identified. In this way, it is aimed to reveal on which issues the Mālikī uṣūl al-fiqh is based. It is impossible for al-Māzarī's understanding of uṣūl al-fiqh cannot to be influenced by the intellectual and political environment in which he grew up. With this in mind, we have tried to briefly touch upon al-Māzarī's life, his teachers, his works, and the intellectual and political atmosphere of the Maghreb region during his lifetime. We have tried to understand the impact of all the details of his life on al-Māzarī's scholarly life and his uṣūlism in particular. In addition, determining the prominent elements of al-Māzarī's understanding of uṣūl is also important in terms of understanding the jurisprudential structure in the Maghreb region and illuminating the region in terms of Islamic legal history. This study aims to present al-Māzarī's understanding of uṣūl in terms of its basic features. Thus, it aims to shed light on al-Māzarī's contribution to the Mālikī understanding of uṣūl al-fiqh and its literature. The document analysis method, one of the qualitative research methods, was used in the study. In this context, the textual analysis was applied by comparing al-Māzarī's views with those of his teacher al-Juwaynī, by whom he was influenced. (shrink)

Ikhtisâr refers to the process of compilation a work by summarizing short and concise information or a large volume of work through abbreviation. It is intended to facilitate reading, learning and memorization, or to eliminate difficult parts in a book written in the form of Ikhtisâr. The compilation of concise works that fulfilled their purpose has become widespread over time and transformed into a tradition and also concise works have been compiled in fiqh as in other disciplines of sciences. In (...) particular, the work entitled Ghayâ fi’l-Ikhtisâr by Abu Shudjâ al-Isfahânî (d. after 500/1107), which is one of the concise works written in the Shafi'î madhhab, constitutes an important part of this tradition. In this study, primarily, the concise works written in the field of usûl/ancestor and furû/descendant in the Shafi’î madhhab were identified and given in chronological order, right after that, Ghayâ fi’l-Ikhtisâr and Ahmad bin Omar al-Shatirî’s (d. 1360/1941) work entitled Al-Yaqut al-Nafis were examined in terms of the ikhtisâr method. The comparative method was employed in order to determine the common and different aspects of these two works, which are among the basic sources of the Shafi'î madhhab, in terms of content and method. In this context, primarily, basic information regarding Ghayâ fi’l-Ikhtisâr and Al-Yaqut al-Nafis was presented, and right after that the classificcations and information in both works were compared and evaluated in terms of style. In this respect, it was determined that some of the topics in one of the aforementioned works are not included in the other work, and that there are certain differences between them in terms of the arrangement of the topics and the way they are explained. Based on this, in Ghayâ fi’l-Ikhtisâr the topics are dealt with in a brief manner and jurisprudential rulings are presented without giving much space to their evidences. In Al-Yaqut al-Nafis, on the other hand, each topic is dealt with in a detailed manner, and the elements, conditions and provisions related to the topics are mentioned as sub-headings. In particular, issues related to fiqh other than worship are explained with examples. Nevertheless, as in Ghayâ fi’l-Ikhtisâr the evidences of fiqh provisions are not included much. The topics in both works are arranged according to the Shafi'î fiqh methodology. (shrink)

The issue of morality is a universal phenomenon that is spoken and discussed above religions. There are moral values that every society accepts depending on their sociological and psychological conditions. From the first moment Islam came to the Arab society, it began to organize and renew the moral values of the society. As a model of the regulated and renewed moral values, The Prophet is shown. In this context, the moral consequences of the confusion in the Islamic society after the (...) death of the Prophet and the criticisms of the sufis who emerged as a reaction to the corruption in the society occur. Although the fields of fiqh and kalam discuss different issues in their formation processes, a particular section on morality does not appear to exist in the fields of fiqh and kalam. The sufis criticize the neglection of the field of morality in Islamic disciplines, and highlight the need of elimination of this deficiency. Sufis who lived in the early period claim that the solution that would fill this gap and help Islamic thought reach perfection is sufism. In order to justify this claim, they produce works attempting to prove that sufism is an independent discipline like kalam and fiqh. In this process, sufism transforms from a practical and ascetic understanding into a discipline that produces knowledge like other religious disciplines. (shrink)

On December 7,1999, a divided Oklahoma Supreme Court held in Nealis v. Baird that a claim may be brought under Oklahoma's wrongful death statute on behalf of a nonviable fetus born alive. The decision represents a departure from the traditional notion that “viability”—the ability of a fetus to sustain life outside the womb with or without medical assistance—is the standard for wrongful death recovery. In replacing the “viability” standard with a “live birth” standard, the majority maintained that live birth is (...) the “unassailable point at which legal rights must be said to attach to the human person. “ By holding a nonviable fetus a legal “person” for the purpose of a wrongful death claim, the court's decision emphasizes the limited application of the United States Supreme Court's holding in Roe v. Wade that a fetus is not a person for the purposes of the Fourteenth Amendment. (shrink)

In this study, Consistency and Balance Model (CBM) is proposed and introduced. In the context of the model, the importance of consistency is emphasized in morality just like in Philosophy. Therefore, CBM gives the reason prominence in morality to ensure the consistency and according to CBM the emotion, the intuition and the conscience in addition to the reason, are also important. In order to see the principles determined by the reason in human behaviors, two kinds of classification are developed for (...) the virtues that is defined as the middle of excess and defect. The first of them is the triple classification of virtues that draws attention to the false existence of virtues and determines the opposite of virtues as forming dichotomy. The latter is the tetrad classification, which is based on the duality of two means that propose to consider the virtues together. The Contrast is considered as the central concept in the first classification and the integration is considered as the central concept in the second classification. Then it is offered that the virtues may be evaluated consistently in the social, global and theological contexts. However, the ideal morality with objective qualities and the real morality with subjective qualities are produced in order to reach the universal morality that is determined by the reason, then the consistency and the integration are proposed for them. Similarly, consistency and integration are proposed in the dualities of principle-virtue, abstract-concrete, intention-outcome, universality-locality, objectivity-subjectivity throughout the study. Finally, it is pointed out that the reasonableness of applying consistency in morality has exceptions.Summary: Philosophy is the logical, systematic and consistent thinking that focuses on specific questions and topics to reach the reality. When this basic tendency of philosophy is applied to morality, logical, systematic and consistent actions are expected to emerge. Accordingly, a new model called as Consistency and Balance Model (CBM) is proposed and introduced in this article. By this model, the importance of consistency is emphasized in morality just like in philosophy. Therefore, CBM gives the reason prominence in morality to ensure thought, expression and behavior consistency. According to CBM the human emotion, the divine intuition and the solid conscience in addition to reason are required to determine the virtues. CBM, which is a synthesis of the good intention and the reason, aims to constitute the sensible and good actions. According to CBM, which has a holistic structure, if a person can adopt the virtue as a principle and reflect the virtue in all of his behaviors during his whole life, he can be defined as consistently virtuous.CBM defines the good with the concepts of consistency and balance. According to CBM, the good is the mean of excess and defect. In this respect, CBM is based on Aristotle’s mean idea. However, CBM aims to develop it with new content. Two important questions arise during the identification of the evil: 1. Is it bad that nothing happens? 2. Is it bad that something is wrong? The point of defect represents the absence and the point of excess represents the fallacy in the entity. Both of them are bad in morality. The middle of them is the virtue. In order to see the principles determined by the reason in human behaviors, two kinds of classification are developed for the virtues which are defined as the middle of excess and defect. The first is the triple classification of virtues that draws attention to the false existence of virtues and determines the opposite of virtues as forming dichotomy. The triple classification, which forms a dichotomy as an empty pattern that can be applied to all virtues, is determined as over virtue-virtous-virtueless. According to CBM the opposite of the mean is always clearly the point of defect and implicitly the point of excess. Therefore, it is important to determine extremes of virtues. The point of defect can be briefly denoted as virtueless. The point of excess can be denoted as in fact virtueless, pretending as virtuous, masked virtue and over virtue. The latter is the tetrad classification, which is based on the duality of two means. In this classification, it is possible to produce new and better virtues by considering two virtues together. The Contrast is considered as the central concept in the first classification and the integration is considered as the central concept in the second classification.The principle is seen as a guarantee for the consistency in philosophy. CBM points out that a similar situation should be in ethics. According to Kant, the invisible internal principles of the actions are more important than the actions themselves to determine the moral value. The principle does not vary according to the individual and the condition, on the contrary, the individual is shaped by the principle and all individuals benefit equally from the outcome of the principle. Thus, the abuse of the rights of individuals with arbitrary treatments and double standards are prevented. In this democratic environment formed by the principle not only the owner of the power, but all right holders can get their rights. In this respect, the adherence to the principle is the guarantee of the rights and the freedom by establishing a balance between the rule and the freedom.Aristotle’s virtue and Kant’s principle are discussed in a holistic manner in this study. Thus, it is aimed that the principles in the human mind and the virtues in human actions are consistent in themselves and ultimately the union of the principles and the virtues can be ensured. Besides, the concepts of the ideal morality and the real morality are introduced in this article. The ideal morality takes place on the objective basis of the good and the truth, which is absolute, universally and unarguably accepted by everyone. The ideal morality with its objective qualities can be seen as the target that people know and want to achieve. The real morality is the morality that is shaped in the people or society in all its positive and negative aspects, which also includes the subjectivity of them as their own realities. The real morality with subjective qualities is the morality that occurs in life. CBM aims at the integrity and the consistency between the ideal morality and the real morality to reach the universal morality. In this article, the virtues are divided into two parts as material and spiritual. Then it is offered that the virtues may be evaluated consistently in the principal, individual, social, global and theological contexts. In this context, on the one hand it is aimed that the principal, individual, social, global and theological virtues are consistent within themselves and on the other hand they all are consistent within each other. In this classification the principal and theological morality have objective qualities and the individual and social morality have subjective qualities. CBM aims at an objectivity that incorporates subjectivity within the consistency and integrity of the principal, individual, social, global and theological morality. CBM aims to achieve the ultimate morality by integrating the starting point as the principal morality and the end point as the theological morality and to make them clear in the individual and social morality. As a result, CBM confirms the mean found by reason, by the revelation given by God. In other words, the morality that God has already there and always presents and the morality that the human mind finds here and now coincide. The consistency and integration are also proposed in the dualities of principle-virtue, abstract-concrete, intention-outcome, universality-locality, objectivity-subjectivity in the article. However, consistency, which is the central concept of the article, can form the basis for possible criticisms. But, it can be foreseen that the possible criticisms oriented to CBM would come from an extreme consistency perception that detaches the concept of consistency from reality without careful consideration. For this reason it should be kept in mind that it is wrong to expect excessive consistency in human behavior and to accept the ideal morality as absolute by neglecting the real morality. Finally, it is pointed out that the reasonableness of applying the consistency in morality has exceptions. (shrink)

In this study, we will analyze the three major theories concerning the relationship between God and the universe: origination (ḥudūth), emanation (ṣudūr), manifestation (ẓuhūr or tajallī). The theory of origination was developed in the history of Kalam. The majority of the theologians (Mutakallimūn) aimed to offer a concept of God and His relation to the universe based on the origination theory. On the other hand, the Muslim philosophers, mostly Ibn Sīnā, suggested the theory of emanation to provide a causal explanation (...) of the universe as well as God’s relation to it. The theory of manifestation emerged in the philosophical Sufism. Ibn ‘Arabī posited the concept of manifestation as an explanation of God’s connection with the universe. Based on their cosmological views, each field also aimed to offer their proof of God’s existence. The theologians argued that the universe was temporally originated (muḥdath) and therefore necessitates an originator (muḥdith) upon their premise that everything originated needs an originator. On the other hand, the philosophers attempted to address the premise of "from one comes only one" explaining how the multiplicity comes from the Absolute One (God). Considering God as the ultimate source of existence, they proposed a hierarchical order in the universe and explained it through their theory of emanation. The Sufi thinkers explained the relationship with the theory of manifestation, which is also known as the appearance of the Absolute Being or the revealing of the Absolute Being. In this study, we will primarily focus on these three theories and examine their differences and similarities as well as their significance in the formation of the cosmic existence in the Islamic thought. (shrink)

A genealogy of the relationship between Islam and knowledge focusing on the Muslim West and, in particular, Algeria explains the current chaos within Muslim societies. The West, on its side, has difficulties understanding a cultural tradition which differs from its own. Islam did develop an aptitude for knowledge that put into play ‘different intellectual modalities, among which were dialectic argument, intuition and controversy’. However, ‘the accession to knowledge is shown by assent’. A long tradition of debate and controversy drew to (...) a close and was abandoned in favour of the exercise of authoritative and absolute power. Intellectual life in the region suffered notably from the successive departures of the elite, at the end of the Ottoman Empire, at the onset of the colonial period and upon independence. Colonialism founded a new system born of different traditions and entailed the breaking up of traditional scholastic institutions. After Independence, fewer and fewer interlocutors were capable of undertaking a reasoned critique of the West. ‘Mistrust with regard to the West’ translated into a ‘refusal even of controversy’. It is a vicious circle that can be broken only through a minimum of democracy. (shrink)

Tahâvî (v. 321/ 933), hicrî üçüncü asrın sonları ile dördüncü asrın başlarında yaşamış Hanefî fakihidir. Tahâvî’nin daha çok muhaddis olarak tanınmasına rağmen hadis ve fıkha derin vukufiyeti, her iki alana da temas eden hadis-sahâbî kavlî münasebetini onun üzerinden incelemeyi daha anlamlı kılmaktadır. Müctehid fakihlerin hüküm istinbâtında başvurduğu sahâbî kavlî, Hz. Peygamber’e dayanması bakımından semâ/tevkif ihtimali bulunan bir delildir. Bu sebeple sahâbî kavlini sünnet birlikte değerlendirmenin lüzumu ortaya çıkmaktadır. Ayrıca Tahâvî’nin sahâbî kavli ile sünnet arasında net bir ayırım yapmaması, Hanefî usûlünün (...) teşekkül süreci açısından önemlidir. Tahâvî, ictihad usûlü anlayışında sahâbî kavline deliller hiyerarşisinde Kur’an, sünnet ve icmâdan sonra yer vermektedir. Eserlerindeki tercihleri dikkate alındığında Tahâvî, sahâbî kavlini tevkife hamlettiği yerlerde sünnet olarak değerlendirmektedir. Hatta sahâbî kavli ve uygulamasının icmâa dönüştüğü durumda sünneti neshedebilecek mertebede gördüğü anlaşılmaktadır. Tahâvî ictihadî olan, re’y ve te’vil ifade eden sahâbî kavlini ise mutlak delil almayıp bu durumdaki sahâbî kavli karşısında kıyasa gitmektedir. Tahâvî’nin sünnete ve sahâbî kavline bakışı birlikte değerlendirildiğinde dönemin hadis anlayışı gereği, sünnetin çerçevesini sahâbe ve tâbiûn kavillerini dahil ederek geniş kapsamda ele aldığı anlaşılmaktadır. Erken dönem Hanefî usûlünde sahâbî kavli hakkında Tahâvî’nin görüşlerinin incelendiği araştırmada metin incelemesi ve analizi yöntemi kullanılmış; Tahâvî’ye ait eserler ile erken dönem Hanefî usûl-i fıkıh eserleri mukâyeseli olarak ele alınmıştır. (shrink)

Beylikler devri Türk-İslam ciltleri hem tezyînatları hem de üzerlerindeki dini içerikli ibareler, dua ve mücellid mühürleri vasıtasıyla cilt sanatı araştırmacılarının yayınlarına konu olmuştur. Ancak ciltlerdeki dua ifadelerini müstakil olarak konu edinen yayın sayısı oldukça azdır. Türk-İslam ciltlerinin gerek kapak yüzeyinde gerekse kapak içlerinde dua içerikli ibarelere rastlamak mümkündür. Makalenin konusu, Beylikler devrinde üretilen Türk-İslam ciltlerinin deri kaplı kapak içlerinde yer alan el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) yazısı, bu yazının yer aldığı desen kompozisyonu ve yazının analizidir. Makaledeki amaç, şimdiye kadar cilt (...) literatüründe müstakil olarak ele alınmamış el-İzzü’d-Dâim ve’l-İkbâl yazılı cilt kapak içi tezyînatı hakkında tespit edilebilen örneklerin detaylı desen ve yazı analizleriyle bilimsel birikim oluşturabilmek ve aynı ya da benzer ibarenin yer aldığı diğer İslam sanat eserlerini tespit ederek bu dua ibaresinin ciltlerdeki kullanım amacını ve kullanıldığı dönemleri belirlemeye çalışmaktır. Cilt sanatı literatürü ve yazma eser kütüphanelerinde yaptığımız araştırmalar neticesinde, Beylikler dönemine ait ciltlerin altı tanesinin kapak içinde el-İzzü’d-Dâim ve’l-İkbâl ibaresi tespit edilmiştir. Bu tespitlerin sayısı, yapılacak yeni araştırmalarla artabilecektir. Tespit edilen yazma eserler; Amasya YEK: 217, İnebey YEK Hüseyin Çelebi: 481 ve Ulu Cami: 318, Kastamonu YEK: 2856 ve 3435 ve Süleymaniye YEK Fatih: 5004’tür. Ciltlerin kapak, sertâb ve mikleb yüzeylerindeki tezyînatları, Beylikler dönemi cilt sanatı üslûbunu yansıtan süslemelerdir. Ciltlerin teknik ve tezyînatları, -mevcut olanların- istinsâh kayıtları incelendiğinde üç örneğin (Amasya YEK: 217, Kastamonu YEK: 2856 ve 3435) 14. yüzyıl tarihli olduğu ya da tarihlendirildiği, üç örneğin (İnebey YEK Hüseyin Çelebi: 481 ve Ulu Cami: 318, Süleymaniye YEK Fatih: 5004) ise 15. yüzyıl tarihli olduğu ya da tarihlendirildiği görülmektedir. Ciltlerin kapak içi deseni, bitkisel ve rûmî motiflerle bezeli tam zemin geometrik bir tasarıma sahiptir. Geometrik desenin içerisindeki altıgen paftalarda el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) yazısı yer almaktadır. İbarenin, cilt kapak içlerine tek satırda (İnebey YEK Ulu Cami: 318, Kastamonu YEK: 3435) ve çift satırda -½ oranında ters simetrik- (Amasya YEK: 217, İnebey YEK Hüseyin Çelebi: 481, Kastamonu YEK: 2856, Süleymaniye YEK Fatih: 5004) olmak üzere iki türde yazıldığı tespit edilmiştir. Her iki tasarımda da sülüs yazı çeşidi tercih edilmiştir. İnebey YEK Hüseyin Çelebi: 481 envanter numaralı 15. yüzyıla ait cildin kapak içinde ise diğer örneklerden farklı olarak yazı paftalarının bazılarında mücellit kitabesi bulunmaktadır. Kitabede, “Amel-i Mücellid Haydar b. Turbegî” yazılıdır. Kapak içi tezyînatının aynı olması nedeniyle, Kastamonu YEK: 2856 ve Süleymaniye YEK Fatih: 5004 envanter numaralı ciltlerin de Haydar b. Turbegî adlı mücellidin eseri olma ihtimali vardır. Ciltlerin kapak içlerinin tümü, çeşitli tonlarda kahverengi sahtiyanla kaplıdır. Derilerin gözenek türü bunu ispat eder niteliktedir. Süsleme tekniği, tüm kapak içlerinde soğuk baskı tekniğidir. Bu teknik adını, uygulanması esnasında altının kullanılmamasından almaktadır. Soğuk baskı tekniğinde, desenin deriye genellikle sıcak pres uygulaması yapılarak aktarıldığı bilinmektedir. Uygulamada yüzeyinde motif veya desenin yer aldığı kalıp, çivi ve diğer ciltçilik aletleri kullanılmaktadır. Çalışma kapsamındaki ciltlerde kapak içi deseninin kalıpla uygulandığı, deri üzerindeki desenin kesintili çizgilerden anlaşılmaktadır. Kapak içi tezyînâtını oluşturan desenin simetrik bir parçası, kalıba işlenmiş ve kalıp deri üzerine simetrik bir şekilde, boşluk bırakılmadan basılmıştır. Yapılan incelemelerden anlaşıldığı kadarıyla kalıbın basıldığı deri, kapak içine yapıştırıldıktan sonra kapak kenarlarından cilt ebadına uygun şekilde kesilmiş olmalıdır. Kalıbın bazı örneklerde hatalı basıldığı da görülmektedir. Bu da desenin devamlılığını kısmen bozmuştur. Soğuk baskı tekniğinde, desenin deriye genellikle sıcak pres uygulaması yapılarak aktarıldığı bilinmektedir. Desenin deri renginden daha açık olması, uygulamanın ısıyla yapılmış olduğunu doğrulamaktadır. Ciltlerin kapak yüzeylerinin kullanıma bağlı olarak yıprandığı ve bu nedenle desenlerin deforme olduğu tespit edilmiştir. Ancak kapak içleri böyle bir yıpranmaya maruz kalmadıkları için korunarak günümüze ulaşmıştır. el-İzzü’d-Dâim ve’l-İkbâl (العزّ الدّائم والإقبال) ibaresi Arapça bir terkip olup “sonsuz güç ve yüksek mevki” anlamına gelmektedir. Terkip; güç, kudret ve ihtişam anlamına gelen العزّ ve ferah, parlak ve yüksek mevki anlamındaki الإقبال kelimelerinden oluşmaktadır. İbare dua, temenni vb. maksatlarla kullanılmış olmalıdır. Çalışma kapsamındaki ciltler ve diğer İslam sanatı örneklerinden anlaşıldığı kadarıyla İslam sanat eserleri üzerinde el-İzzü’d-Dâim ve’l-İkbâl ibaresine 12. yüzyıldan 15. yüzyıla kadar geniş bir dönemde yer verilmiştir. (shrink)