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)

In their paper titled “Proposed Principles for International Bioethics Conferencing: Anti-Discriminatory, Global, and Inclusive,” Jecker et al. eloquently present essential principles for Internati...

Cho and Martinez-Martin (2023) provide a thoughtful analysis of the epistemological and ethical implications of digital twin (DT) technology in biomedical research. However, they overlook the profo...

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)

The article by Bowman-Smart et al. (2023) argues that there are inconsistencies in our ethical frameworks regarding the use of noninvasive prenatal testing (NIPT) and polygenic scores for identifyi...

The increasing integration of artificial intelligence (AI) in healthcare presents a host of ethical, legal, social, and political challenges involving various stakeholders. These challenges prompt various studies proposing frameworks and guidelines to tackle these issues, emphasizing distinct phases of AI development, deployment, and oversight. As a result, the notion of responsible AI has become widespread, incorporating ethical principles such as transparency, fairness, responsibility, and privacy. This paper explores the existing literature on AI use in healthcare to examine how it addresses, (...) defines, and discusses the concept of responsibility. We conducted a scoping review of literature related to AI responsibility in healthcare, searching databases and reference lists between January 2017 and January 2022 for terms related to “responsibility” and “AI in healthcare”, and their derivatives. Following screening, 136 articles were included. Data were grouped into four thematic categories: (1) the variety of terminology used to describe and address responsibility; (2) principles and concepts associated with responsibility; (3) stakeholders’ responsibilities in AI clinical development, use, and deployment; and (4) recommendations for addressing responsibility concerns. The results show the lack of a clear definition of AI responsibility in healthcare and highlight the importance of ensuring responsible development and implementation of AI in healthcare. Further research is necessary to clarify this notion to contribute to developing frameworks regarding the type of responsibility (ethical/moral/professional, legal, and causal) of various stakeholders involved in the AI lifecycle. (shrink)

Three new versions of Wason’s 2-4-6 rule discovery task incorporating error rates or feedback of uncertainty reduction, inspired by the error-statistical account in philosophy of science, were employed. In experiments 1 and 2, participants were instructed that some experimenter feedback would be erroneous. The results showed that performance was impaired when there was probabilistic error. In experiment 3, participants were given uncertainty reduction feedback as they generated different number triples and the negative effects of probabilistic error were not observed. These (...) findings are informative not only about rule discovery tasks in general but also about contexts of inference under uncertainty. (shrink)

Background Noninvasive prenatal testing (NIPT) provides important benefits yet raises ethical concerns. We surveyed Canadian pregnant women and their partners to explore their views regarding pressure to test and terminate a pregnancy, as well as other societal impacts that may result from the routinization of NIPT.Methods A questionnaire was offered (March 2015 to July 2016) to pregnant women and their partners at five healthcare facilities in four Canadian provinces.Results 882 pregnant women and 395 partners completed the survey. 64% of women (...) anticipated feeling no pressure to take the test if it were offered routinely, and 39% were not concerned about routinization leading to increased pressure to terminate a pregnancy of a fetus with Down Syndrome. Regarding other social concerns possibly resulting from routinization, pregnant women were most concerned regarding a reduction in resources available for people with Down Syndrome and their families and least concerned regarding a decrease in the population of people with Down Syndrome.Conclusions Our findings reflect the concerns expressed by pregnant women and their partners, both personal (pressure to test, pressure to terminate) and societal (e.g., regarding potential negative impact on people with disabilities and their families). Even if most women were not concerned about feeling pressured to test due to NIPT routinization, a large minority express concerns that should not be taken lightly. Moreover, a majority of respondents were concerned regarding pressure to terminate pregnancies due to NIPT routinization as well as regarding most societal impacts they were queried on, especially the possible future reduction in resources available for people with DS and their families. Canadian policy-makers should consider these potential negative ramifications of NIPT and ensure that appropriate social policies accompany its implementation. (shrink)

BackgroundThe clinical introduction of non-invasive prenatal testing for fetal aneuploidies is currently transforming the landscape of prenatal screening in many countries. Since it is noninvasive, safe and allows the early detection of abnormalities, NIPT expanded rapidly and the test is currently commercially available in most of the world. As NIPT is being introduced globally, its clinical implementation should consider various challenges, including the role of the surrounding social and cultural contexts. We conducted a qualitative study with healthcare professionals in Lebanon (...) and Quebec as case studies, to highlight the relevance of cultural contexts and to explore the concerns that should be taken into account for an ethical implementation of NIPT.MethodsWe conducted semi-structured interviews with 20 healthcare professionals (HCPs), 10 from each country, practicing in the field of prenatal screening and follow up diagnostic testing, including obstetricians and gynecologists, nurses, medical geneticists and, genetic counselors. We aimed to 1) explore HCPs’ perceptions and views regarding issues raised by NIPT and 2) to shed light on ways in which the introduction of the same technology (NIPT) in two different contexts (Lebanon and Quebec) raises common and different challenges that are influenced by the cultural norms and legal policies in place.ResultsWe identified challenges to the ethical implementation of NIPT. Some are common to both contexts, including financial/economic, social, and organizational/ educational challenges. Others are specific to each context. For example, challenges for Lebanon include abortion policy and financial profit, and in Quebec challenges include lobbying by Disability rights associations and geographical access to NIPT.ConclusionsOur findings highlight the need to consider specific issues related to various cultural contexts when developing frameworks that can guide an ethically sound implementation of NIPT. Further, they show that healthcare professional education and training remain paramount in order to provide NIPT counseling in a way that supports pregnant women and couples’ choice. (shrink)

Drawn on love, compassion and forgiveness, nonviolence is an inspirational value to humanity. From the historic movements led by Gandhi and then Martin Luther King Jr, to the recent Arab Spring in Egypt as also the impact of Anna Hazare's call for anti-corruption struggle further confirm the critical importance of non-violence as a cementing ideological force in present times.

When addressing the Muslim women question, one of the problematic issues is the centrality of a religious tradition or a political ideology as a primary subject of inquiry. Muslim women are seen as the embodiment of a singular tradition or ideology, as in the case of Turkey, where the contemporary headscarf-wearing women are represented as ‘Islamist’. In this project, I aim to problematise this stereotyping categorisation through ontological conceptualisations, inspired by the French thinker Gilles Deleuze. To implement the relational ontology (...) of Deleuze, I examine headscarf contestations in Turkey through interviews conducted in two women’s organisations in Turkey: Capital City Women’s Platform (Baskent Kadin Platformu) and Hazar. I argue that the world constantly ‘becomes’ through flows of relations between multiple elements; therefore, it is a multiplicity, an intensity and fractured. With this Deleuzian ontology in mind, I consider the quotidian physical, material and social resources of my interviews with the aim of elucidating relations between a female body and the commodities produced by multiple socio-economic and political factors in Turkey. Then I address a Deleuzian understanding of categorisations such as class, gender, race and ideology. These categorisations, for Deleuze, are aggregations of multiplicities and fluidities forming specific fixations according to a range of ascribed characteristics, such as income, education, employment or dress codes. In this regard, I conclude that the label ‘Islamist’ restrains the relational and multiple characters of headscarf practices within a unifying category by attributing certain features to particular embodiments and materials. (shrink)