Majalla al-Aḥkam al-‘Adliyyah, which is the first example of codification based on Islamic law, has been the subject of criticism from different angles in terms of its preparation and content. The main reasons for criticism are following the casuistic method, being limited to the Hanafi sect, and therefore, the regulations on some issues not meeting the needs of the period, and the lack and excesses that do not comply with the content of the civil law. The commentator of the Majalla, (...) ‘Ali Ḥaydar Efendi, also criticized Majalla from different angles. In this study, it was aimed to identify, describe, and classify Ali Ḥaydar Efendi's critics of the Majalla, and -with some exceptions- no evaluation was made about the criticism of the commentator. Ali Ḥaydar Efendi, the author of the most comprehensive and famous commentary of the Majalla, Dureru'l-hukkâm, criticized the Majalla both in terms of law technique and content, justified his criticisms, and offered alternative suggestions regarding the issues he criticized. Although Ali Ḥaydar Efendi criticized an item for only one reason, he criticized some items from more than one point of view. In the article, each of the criticisms of Ali Ḥaydar Efendi on the Majalla’s items is discussed under a separate heading, and the items criticized from more than one point of view are discussed under a separate heading and exemplified as much as possible. His criticisms of the Majalla in terms of law technique are as follows: The statements of the items are prone to making wrong judgments, not of a general nature, the concepts are not used appropriately, both the concepts and the items are not compatible with each other and with the fiqh books, having some missing, unnecessary or incorrect statements in the items, and the lack of records in the statements. Among the criticisms made in terms of content, first of all, the fact that the provision contained in the article is contrary to the ruling in the fiqh books or the view of the sect should be mentioned. Some of the criticisms in terms of content are related to the preferences made while preparing the Majalla. In this context, it has been the subject of criticism that some of the preferred views are not suitable for the needs of the period or the preferred view in the madhhab, conflicting between preferences from time to time, and not making a choice in some controversial issues. The existence of provisions that do not comply with the requirements of the time, and the asl-far' incompatibility is another reason for criticism. In such criticisms, the suitability of the content of the law with the madhhab books in various aspects has been tried to be revealed, and inappropriate aspects have been criticized. However, ‘Ali Ḥaydar Efendi also pointed out that the text of the law should be prepared by making use of the provisions of different madhhabs, since it does not meet the needs of the time, although it is in accordance with the provisions of the madhhab. ‘Ali Ḥaydar Efendi also criticized the Majalla in terms of missing some issues or not being regulated sufficiently, and included provisions regarding the qarḍ contract and crimes against animals, which were not dealt with even though they should have been included in the Majalla. However, he never touched upon the subjects of consumption and ribā, which were not dealt with in the Majalla, although they should have been. ‘Ali Ḥaydar Efendi said that there is a deficiency in the items dealing with subjects such as luqata and hacr, since some conditions regarding these issues are not included. ‘Ali Ḥaydar Efendi also criticizes the Majalla in terms of the contradiction between the provisions contained in the items; the lack of unity in language, style and terminology among the items; and unnecessary repetitions both between the items and within the items. ‘Ali Ḥaydar Efendi, who did not make any criticism about the repetitions due to the fact that the Majalla was prepared with the casuistic method, justified or criticized the other repetitions and offered suggestions to avoid such repetitions. Also, according to him, there are deliberate repetitions in the Majalla. In addition, he also criticized the Majalla from a systematic point of view, such as the incompatibility of the title and content, the arrangement of similar subjects in different chapters/items/paragraphs, or the handling of different subjects in the same chapter/item/paragraph. Another criticism of ‘Ali Ḥaydar Efendi about the Majalla is about definitions. He criticizes the definitions made as not being collectively exhaustive, mutually exclusive and not being in the definition technique such as the tautology, but also on the grounds that it is not comprehensive, contrary to the method followed in other definitions made in the Majalla, and not being included in the fiqh books. (shrink)

The intra-school controversies in Hanafī school are remarkable. These controversies pose a risk for legal safety and stability and creates difficulties for muqallīd Hanafī judges and muftīs. In the historical process, different types of literature such as mukhtaṣar and fatwa (legal opinion) books, and applications such as aṣṣaḥ-ı aqvāl and maʻrūdhāt, emerged to solve this problem. One of the last example of these applications is the codification movement. The subject of this study is the relationship between the Majalla al-Aḥkām al-ʿAdliyyah, (...) which is the first product of codification based on fiqh (Islamic jurisprudence), and the intra-school preference. In order to describe this relationship, it is briefly emphasized that one of the aims of codification of Majalla is to satisfy the need for intra-school preference. The function and content of Majallaʼs necessary reasons, (asbāb al-mūjiba) was analyzed in terms of intra-school preference. The interventions on the preferences of the Majalla Commission are also emphasized. The Majalla is a text of the intra-school preference. The analysis of its content in relation to intra-school preference is very important. Therefore, in order to reveal what kind of method is used in intra-school preferences and to determine different aspects of intra-school preference in the Majalla, the chapter about ‘sale’ (Kitāb al-Buyūʿ) of the Majalla are examined.Summary: The intra-school controversies in Hanafī School, which is quite important in terms of freedom of ijtihād (independent legal judgment) and legal wealth, possible to threaten legal safety and stability. These controversies also make difficult for judges to reach a judgment or fatwa in controversial affairs. For this reason, determination of the rājiḥ (preferred opinion) in controversial issues in the school, is a need that must be eliminated.The intra-school preference can be described as "to determine the superior, preponderant of different opinion or narrations about a specific issue in the school". In the historical process different types of literature such as mukhtaṣar and fatwa books, and different applications such as asaḥḥ-ı aqvāl and maʻrūzāt, emerged to meet this need. One of the applications aimed to meet this need is the codifications in the last period of the Ottoman State.The relationship between the Majalla al-Ahkam al-Adliyyah, which is the first example of codification based on fiqh (Islamic jurisprudence), and the intra-school preference; and in this context, while preparing the Majalla how a method was followed in the intra-school preference; at what rate be obeyed the rājiḥ (preferred) opinion; articles contrary to the rājiḥ (preferred) opinion in Majalla and their reasons; whether legal arrangements have been made in all controversial issues; at what rate be met the need of determination of rājiḥ (preferred) opinion are the issues that need to be examined.One of the main reasons for the need for a law text such as Majalla al-Ahkam al-Adliyyah is the multitude of the intra-school controversies in Hanafī School. Therefore, the goal of Majalla is to prepare a code that contains rājiḥ opinion.When Majallaʼs necessary reasons, i.e. asbāb al-mūjiba, are examined in terms of the intra-school preference, it is seen that there are two basic functions of necessary reasons. The first of them is, emphasizing that the code is prepared substantially in accordance with the râjih opinion in the school. In fact, that this issue in the asbāb al-mūjiba of the first ten books of Majalla is expressly stated. The other function of the asbāb al-mūjiba is to justify that why rājiḥ opinion are not be confirmed in some article. In the necessary reasons it is stated that twelve articles are prepared in the direction of unrâcih (unpreferable) opinion. Considering that Majalla is formed of 1851 article, it will be better understood that how the rājiḥ opinions are effective in Majalla's content. Essentially, the conditions of the period also make it necessary. The preference of the non-preferred opinion of Züfer (d. 158/775) in 692nd article of Kitāb al-Ḥavala, caused the reaction of some circles mainly Şeyhülislam Hasan Fehmi Efendi (d.1298/1881) and for this reason Ahmet Cevdet Pasa (d.1895) was dismissed from the ministry of Divan al-Ahkâm al-Adliyyah and the chairman of the Majalla Commission.When the asbāb al-mūjibas of contrary articles to rājiḥ opinions are examined, it is seen that maṣlaḥa and customs are determinative in these preferences. It is also seen that the preferences of some jurists are also mentioned as a reason of preference. The most widespread preference’s reason in Hanafī sources is in congruity with the texts. On the contrary, it is noteworthy that, besides the interdiction of extravagant (safih), it is not operated as a preference’s reason in Majalla.Some preferences of the Majalla Commission were intervened by other institutions. The chapters prepared by the commission were examined both by Majlis-i Wukalā and Mashihat, and these chapters were subject to some revisions at this time. Here, two articles prepared on the basis of the non-preferred opinion were intervened by Majlis-i Wukalā. The first of these is 216th article that written in the direction of opinion of Mashāyikh Balkh, which argues that it is permissible to sell separately ḥaqq al-murūr (the right of passage) and ḥaqq al-shirb (water right), the second is the 611th article which regulates the liability to damage of ajīr al-mushtarak (joint salaried employee).When the content of Kitāb al-Buyū, the first and the most voluminous book of Majalla, is examined in terms of the intra-school preference, it is seen that the rājiḥ opinions in the school are generally taken as basis. It is stated that in the asbāb al-mūjiba of the Kitāb al-Buyūʿ the four issues are prepared basing on the non-preferred opinion and these preferences are justified with custom and maṣlaḥa. However, the contrary articles to the rājiḥ opinion in the Kitāb al-Buyūʿ are not limited to these. According to our research, in addition to these, three articles were prepared with the preference of non-preferred opinion. These are the 118th article regarding that the bayʻ bi-l-wafā is permissible in chattels, 165th article on the definition of al-ghabn al-faḥiş (lesion), and the 309th article concerning the provision of the khiyār al-sharṭ (right of cancellation). These three articles show that the regulations contrary to the rājiḥ opinion in Majalla are not just those explained in the asbāb al-mūjiba and this situation is contrary to the method that is followed when preparing the Majalla.In some controversial issues in the Hanafi School, authorized jurists to preference (asḥāb al-tarjīh) disagreed over which opinion is rājiḥ. It wasn’t explained that how a method would be followed in Majalla when the legal arrangements were made in these matters. When these issues are examined, it can be said that the preferences of the majority, the providing of convenience and the preference by some jurists are effective.Preferences in Majalla have not been occurred only among the sharʻī (related to Islamic Law) provisions. In addition, the definitions and the inscription in the definitions are also the subject of preference. In this context, the preferences related to the definition of the sales contract, the suspended contract (al-ʻaqd al-maqqūf) and the al-ghabn al-faḥiş in Kitāb al-Buyūʿ can be mentioned as an example.Some controversial issues in the Hanafi School are not regulated in Majalla. When considering the multiplicity of controversial issues and therefore the difficulty of making legal arrangements to cover all of them, this situation is natural. Moreover, some of these issues may not have been regulated in Majalla because they are not frequent and necessary. However, it is not possible to explain all the controversial issues that have not been regulated for these reasons. Because some of the controversial issues that have not been legislated are basic, relatively important issues and they are included in the mukhtaṣars. This indicates that when preparing the Majalla, instead of making preference on some controversial issues, the method of non-regulation of these matters is adopted. It can be said that this method is applied as a way of creating law text which is clear of controversy. Thus, the determining of the rājiḥ opinion in these matters has been left to the judges. This situation is not suitable to meet the need of determining the rājiḥ opinion, which is the goal of Majalla. But it is the result of the difficulty of making a law that encompasses all legal issues. (shrink)

Ethics and morality, fundamental concepts in human society, are expected to be upheld by individuals and effectively taught by teachers to new generations. This study delves into the perceptions of preservice teachers regarding ethics and good within the framework of an ethics and morality course in education. It also explores the ethical and unethical behaviors these teachers most commonly encounter in their school experiences. Utilizing a qualitative case study methodology, the research provides an in-depth analysis of ethics, the concept of (...) good, ethical and unethical behaviors within the Turkish context. Through thematic analysis of data collected over various weeks, the findings reveal that participants perceive ethics as actions, individuals, and ideas that embody values such as justice, respect, and honesty. Their decision-making is influenced by diverse ethical filters aligned with normative ethical theories. For instance, an act is deemed ethical if it does not limit freedom and harm others, conforms to societal norms, benefits others, adheres to laws and rules, instills a sense of righteousness, and stems from good intentions. Furthermore, the study identifies six key qualities defining the concept of good: evoking happiness, being beneficial, proper, pure, preferred, and encompassing both moral and ethical dimensions. The experiences of ethical and unethical acts among participants predominantly relate to themes of inequality versus justice, harshness versus love, ineffective versus effective teaching, inconsistency versus role model behaviors, undesired versus desired relationships with school stakeholders, and the breach versus balance between professional and private life. Overall, this research highlights significant aspects of how preservice teachers perceive the concepts of ethics and good along with unethical behaviors, offering valuable insights for teacher education. (shrink)

Küresel güç mücadelesinde ağırlık merkezinin son yıllarda Asya-Pasifik’e kaymasıyla birlikte, 21. yüzyılın yükselen iki gücü olan Çin Halk Cumhuriyeti (ÇHC) ile Hindistan arasındaki rekabet de önemli ölçüde arttı. Hindistan’ın 1947’de İngiltere’den bağımsızlığını kazanması ile Çin’in Komünist bir Halk Cumhuriyeti olarak 1949’da kurulmasından günümüze dek aralarında süregelen sınır anlaşmazlıkları, iki ülke arasındaki ilişkiyi belirleyen en önemli konuların başında gelmektedir. İki ülkenin de geçmişinde Batı’nın aşağılayıcı müdahalelerine maruz kalmış olmasının yanında bu dönemde uluslararası siyasete hâkim olan iki kutupluluğun dünya barışına hizmet etmeyeceğine (...) olan ortak inançları dünya barışı için alternatif bir oluşum olan Bağlantısızlık Hareketine katılmalarını sağladı. Dolayısıyla bu iki neden ve her iki ülkenin de ulus-devlet oluşumunun erken aşamalarında olması, kuruluşlarının ilk on yılında birbirlerine karşı idealist yaklaşımlar benimsemelerini sağladı. Ancak çok geçmeden her iki ülkenin de materyal kapasitelerini arttırmasıyla birlikte çatışmaya başlayan ulusal çıkarları, Asya idealizminin altını oymaya başladı. Netice itibariyle 1962 gibi erken bir dönemde sıcak çatışmaya girerek Asya idealizmini bir kenara bırakıp ulus devlet realizmini benimsemiş oldular. Bu bağlamda, bu çalışma 21. yüzyılın yükselen iki gücü arasındaki en sorunlu alanlardan biri olan sınır anlaşmazlıklarının süreç içerisindeki evrimini ve bunun iki ülkenin dış politika vizyonlarının değişimleri üzerindeki etkisini ortaya koymaya çalışmaktadır. Bu analizde neoklasik realizm teorik bir çerçeve olarak rehberlik ederken ÇHC ve Hindistan arasındaki sınır sorunlarının yerel, bölgesel ve küresel yönlerini ve bunların iki ülkenin dış politikası üzerindeki etkilerini anlamak için süreç izleme yöntemi kullanılacaktır. (shrink)

Ibn al-ʻArabī, 1165-1240.; Fuṣūṣ al-ḥikam; criticism and interpretation; Islamic philosophy; early works to 1800.

Arabic was among the sciences that were widely taught along with religious sciences for reasons such as the fact that the basic sources of religion were in Arabic, the need to teach the language to non-Arabs in parallel with the expansion of borders, the spread of errors (lahn) in the language, Arabic being the dominant language in official correspondence and its use as a language of science. To ensure a better understanding of religious texts, to present the lessons clearly and (...) comprehensibly, to be a qualified preacher and orator, to bring evidence and justify ideas, and to be successful in debate and jadal also required a good command of Arabic. These reasons and needs paved the way for the formation and teaching of nahw as a branch of science; its teaching took place in places such as bādiye (desert), kuttāb, houses, masjids, mosques, bookstores, libraries, government offices, and madrasas. This study deals with the teaching of Arabic from the perspective of madrasas and focuses on the teaching of literary sciences in general, and the teaching of grammar in particular, by focusing on the Nizāmiyyah and Mustansiriyyah Madrasas. The aim of this study is to reveal that the Arabic language was taught in these madrasas both as preparation and support for religious sciences and as a separate field. In this context, the study aims to reveal in which centers the Arabic language was taught before the establishment of madrasas and how it continued. Nizāmiyyah Madrasas are the general name of the madrasas founded in Baghdad, the first of which was in Nîsâbûr, in 449-450/1057-1058 by the Great Seljuk vizier Nizāmulmulk (d. 485/1092). And the Mustansiriyya Madrasah was built between 625/1227-28 and 631/1233-34 by Abu Ca‘far Mansûr Mustansır-Billah (623-640/1212-1242), one of the caliphs of the Abbasid State (750-1258). In these madrasas, especially in the Nizāmiyyah Madrasas, religious sciences (such as Shāfi’ī jurisprudence, hadīth, Qur’ān and tafsīr), and among these, especially the sciences of fiqh (furu', usūl, ferā'īz, madhhab, and hilāf) were taught. Although in these madrasas did not have an independent nahw chair or a department devoted to nahw, it is understood from the sources that courses on nahw were given due to the need for it. However, it is understood from the sources that nahw was also taught in these madrasas. In fact, the endowment of the Baghdad Nizāmiyyah Madrasah clearly states that a teacher of grammar (nahw) will be hired for the teaching of grammar, and moreover, there are considerable scholars of grammar among the mudarris working here. It is also understood from the biographies of the students who studied in madrasas that the science of nahw was taught. However, it should be noted that these madrasas did not have an independent nahw chair or a department for nahw. Since the research focuses on a historical issue, it was handled with the technique of analyzing written documents. Accordingly, the data were obtained primarily from the main sources related to the period/madrasas; current research was also utilized, especially in the interpretation, comparison, inference, and justification of claims. (shrink)

The epistemic basic structure of a society consists of those institutions that have the greatest impact on individuals’ opportunity to obtain knowledge on questions they have an interest in as citizens, individuals, and public officials. It plays a central role in the production and dissemination of knowledge and in ensuring that people have the capability to assimilate this knowledge. It includes institutions of science and education, the media, search engines, libraries, museums, think tanks, and various government agencies. This article identifies (...) two demands of justice that apply specifically to the institutions that belong to it. First, the epistemic basic structure should serve all citizens fairly and reliably. It should provide them with the opportunity to acquire knowledge they need for their deliberations about the common good, their individual good, and how to pursue them. Second, the epistemic basic structure should produce and disseminate the knowledge that various experts and public officials need to successfully pursue justice and citizens need to effectively exercise their rights. After arguing for these duties, I discuss what policies follow from them and respond to the worry that these duties have illiberal implications. (shrink)

Education is a phenomenon that has existed from the early times of human beings, but it has recently become a scientific discipline. Until recently, there were no separate fields such as education, religious education, moral and value education. Therefore, their separation from each other as scientific disciplines is also a new phenomenon. In fact, in the historical process, education has a religious and moral character in itself, and these two have not seen independent from each other. Here religion has provided (...) meaningful goals and objectives to education, while morality constitutes one of the important aims of this education. Besides, the religious and moral character of education has also been significant in order to accrue a positive and balanced personality. For this reason, it is of great importance to understand how the modern concepts of education, religious education, and moral education have been dealt with in traditional education or in historical processes. Hārith al-Muhāsibī (d. 243/857), among the founding names of Ahl as-Sunnah theology and Sufism, was one of the early scholars who emphasized that the heart, mind (‘akl) and soul (nafs), forming the dynamic structure and the source for human’s positive and negative actions, should be educated in a certain measure and equilibrium, and who presented various concepts and terms in this direction. It seems that Muhāsibī refers to different concepts concerning the humans’ change and transformation, his education and training. In this respect, our study aims to deal with the concepts Muhāsibī used within education, religion and moral education in today’s terms and to reveal in which meanings he used these terms. It is also hoped that considering the concepts of education in the traditional and classical concept will make it easier to understand the current content of education, the changes and specialism it has experienced. The concepts that Muhāsibī dealt with on education, especially on decency (adab/ta’dīb), have a religious and moral theme in accordance with the general understanding of the period. Among the main concepts that Muhasibi includes are educating/teaching (ta‘līm/ta‘allum), instruction/teaching (dars/tadrīs), decency, purification (tathīr, ıslāh and tasfiya), and mucāhada. It seems that he doesn’t deal with the concepts such as tarbiyah, tahzīb, tazkiya and riyāzat at all or very little. Among them, Muhāsibī was especially interested in decency/adab, as it was handled in the context of Sufism, with a religious/moral view and mostly in the way of educating the soul. In addition, it is observed that other concepts are handled with a similar perspective. (shrink)

Concepts, such as death, life and spirit cannot be known in their quintessential nature, but can be defined in accordance with their effects. In fact, those who think within the mode of pragmatism and Cartesian logic have ignored the metaphysical aspects of these terms. According to Islam, the entity that moves the body is named the soul. And the aliment of the soul is air. Cessation of breathing means leaving of the soul from the body. Those who agree on the (...) diagnosis of brain death may not able to agree unanimously on the rules that lay down such diagnosis. That is to say, there are a heap of suspicions regarding the diagnosis of brain death, and these suspicions are on the increase. In fact, Islamic jurisprudence does not put provisions, decisions on suspicious grounds. By virtue of these facts, it can be asserted that brain death is not absolute death according to Islamic sources; for in the patients diagnosed with brain death the soul still has not abandoned the body. Therefore, these patients suffer in every operation performed on them. (shrink)

The teaching of ethics in teacher education programs is crucial for fostering the moral and ethical development of prospective teachers and shaping them into ethical role models for future students. This study, employing qualitative case study research, gathered data from undergraduates in teacher education programs to explore the best approaches for ethics education. It found that combining digital and case-based pedagogical methods, fostering an open-minded attitude among lecturers, and implementing a blend of Socratic and active learning techniques leads to the (...) most favorable outcomes. Additionally, continuous formative assessment throughout the academic year is essential. To cultivate a teaching workforce with strong ethical and moral values, undergraduate courses in ethics and morality should be thought-provoking, integrating real-life cases with a mix of digital and tangible resources. The ethics course lecturer should not only serve as a role model and exhibit a caring disposition but also use effective teaching methodologies. The paper details key themes and categories for successful ethics instruction and offers specific recommendations. (shrink)

The political scientist and former Bavarian Minister of Culture Hans Maier has created a historically profound, theologically educated, literarily and musically highly sensitive, politically mature body of work, with which he has inscribed himself in the (intellectual) history of the Federal Republic. This book is the first to contain contributions by renowned scholars and politicians on the rich work and impact of the Catholic scholar and politician Hans Maier. It thematises and appreciates in detail his view of German history and (...) the traditions of political thought, his critique of political language, political theology, totalitarianism and political religions, but also his contributions on Catholicism and modernity, his writings on literature and music, and finally his influence as an academic teacher, public intellectual and politician. With contributions by Udo Bermbach, Thomas Brose, Ahmet Cavuldak, Horst Dreier, Hermann-Josef Große Kracht, Jens Hacke, Oliver Hidalgo, Hans Günter Hockerts, Patrick Horst, Horst Möller, Heinrich Oberreuter, Henning Ottmann, Mark Edward Ruff, Hans Otto Seitschek, Michael Stolleis, Bernhard Vogel, Peter Graf von Kielmansegg, Theo Waigel and Markus Zimmermann. (shrink)

When the Mamluk Sultan Qalawun (1279-1290) moves to Syria with her army to fight the Mongols, martial law is declared in Egypt. Kalavun's son as heir Salih Ali in Egypt, published to Zaynaddin Ketboğa a tazkire that dated April-1281 containing the martial law decisions. Tezkire talks about the duties and responsibilities of administrators in the context of state-security-service. These decisions are important state affairs in the flow of daily life such as the judiciary, law, justice, security, transportation, service, trade, land, (...) fair tax system, control of civil servants and state affairs. In addition, the healthy living conditions of the detainees, It also includes issues such as meeting the needs of the detainees such as churches and baths. Tazkire decisions aiming to ensure the flow of daily life in Egypt during wartime without causing a possible instability are always valid state policies aiming at state order and social welfare. In our article, we will talk about this tezkire, which was narrated as a full text by İbnü'l-Furât (d. 1405) and Kalkaşendî (d. 1418). (shrink)

Abdurrahman Aliy, Felsefenin Tanrısı: Felsefi Teolojiye Giriş [The God of Philosophy: An Introduction to Philosophical Theology], 129 pp.

In the dictionary, kināya, which means “to say a word and to mean a second meaning with that word”, means “to use a word both in its true meaning and in a second meaning other than this meaning“ as the Arabic rhetoric term. The conceptualization process of kināya as a sub-title of the ilm al-bayān started in the second century hijrī and took its present form in the seventh century hijrī with Abū Yaʿqūb al-Sakkākī (d. 626/1229) and in the eighth (...) century with Khaṭīb al-Qazwīnī (d. 739/1338). The authors of modern Arabic rhetoric, based on the methodological approaches of these two authors in their definitions and classifications of kināya, sometimes adopted the same approach as they were, and sometimes made some additions and criticisms by making original evaluations. For example, Qazvinî's لفظ أريد به لازم معناه مع جواز إرادة معناه حينئذ “(Original) meaning can be meant, but the necessary meaning is the word that is meant by it.” While some contemporary authors have taken the definition of kināya with the same words, some have added the phenomenon of clue to this definition. There is a similar situation in the classification of kināya, and while some authors have taken the categorization made by Sakkākī without making any changes, some authors have made various additions to this division. In the modern period covering the last century, many books have been written on Arabic rhetoric, and some of these books have come to the fore in Arab countries and our country. In this study, in the context of the subject of kināya, twelve of the Arabic rhetoric books written in the modern period were selected and the definitions and classifications of kināya in these books were examined. The aim of this study is to bring together and compare various perspectives on kināya in contemporary Arabic rhetoric books and to identify different approaches to the subject. (shrink)

The challenges facing the life-worlds of political societies in the Islamic world require a radical shift of perspective that can improve our understanding of the contemporary situation of human rights politics. Not only the classical formulation of secularism, which aims at liberating the public sphere from domination of ‘the sacred’, but also the political-theological approach, which addresses the problems of modernity within the context of a disguised and refurbished dominance of ‘the transcendence’, suffer from and share a basic insufficiency in (...) handling human rights issues. According to these approaches, the basic issue stems from a realignment in relations between logics of the sovereign and the sacred or a redefinition of the position of state against religion. In this article, my object is shifting the scope of discussion concerning the rights beyond this logic of sovereignty by adopting an approach which provides a political ground for discussing the intermingling of religion in the life-world. From my point of view, the first step that should be taken to deepen our understanding of the argument of freedom is to unveil the nature of the sacred within the framework of a power network that longs for control over the whole lives of individuals constituting the society. In this regard, by going beyond the concepts such as fanaticism, fundamentalism or terrorism provided by ‘state mentality’, the significance of lifestyle politics for ‘rights talk’ will become more evident. From this point of view, the detection and critique of a zone of ‘weak citizenship’ constructed through restrictions stemming from the values and norms arising from the perceptions of particular communities organized through family, tradition and justice are essential. Such a critique will pave the way for a radical politicization of lifestyles by way of criteria of the demands for equal respect and dignity. (shrink)

This book theorizes and applies critical communication pedagogy in mediated contexts, including social justice-oriented approaches, to the use of both traditional and new media in the classroom.

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book with this (...) name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

In this article, I develop a novel version of the multiverse theory of sets called hierarchical pluralism by introducing the notion of “degrees of intentionality” of theories. The presented view is articulated for the purpose of reconciling epistemological realism and the multiverse theory of sets so as to preserve a considerable amount of epistemic objectivity when working with the multiverse theory. I give some arguments in favor of a hierarchical picture of the multiverse in which theories or models are thought (...) to be ordered with respect to their plausibility as a manifestation of endorsing the idea that some set theories are more plausible than others. The proposed multiverse account settles the pluralist’s dilemma, the dichotomy that there is a trade-off between the richness of mathematical ontology and the objectivity of mathematical truth. The view also extends and serves as an alternative position to Balaguer’s intention-based Platonism, from which he claims that a certain version of mathematical pluralism follows. (shrink)

One of the most important issues that distinguishes the Baghdādī branch of the Muʿtazila from the Baṣran branch is their view on ʿAlī b. Abī Ṭālib (d. 40/661). Basra branch accepts the order of virtue of the first four caliphs as their order of coming to office, while the Baghdad branch considers the first three caliphs legitimate, but considers Ali more virtuous than them. The Baghdādī Muʿtazilīs who outspokenly defended this idea were Abū Jaʿfar al-Iskāfī (d. 240/854), Abū al-Qāsim al-Kaʿbī (...) (d. 319/931) and Ibn Abī al-Ḥadīd (d. 656/1258). Among them, Ibn Abī al-Ḥadīd was renowned as “the greatest scholar of the Muʿtazila” and was considered one of the last representatives of this school. He ardently defended ʿAlī's superiority in his commentary on Nahj al-Balāgha, the famous collection of Ali’s sermons, letters and wisdom sayings. In his defense, he rebutted some criticisms about ʿAlī’s political decisions from his school’s point of view. Many items of Ibn Abī al-Ḥadīd’s rebuttal are worthy of analysis in terms of their content, style and approach. This article aims to present a detailed account of Ibn Abī al-Ḥadīd’s aforementioned refutations. In addition to the descriptive method, the interpretative method was also employed in the article. Although Ibn Abī al-Ḥadīd did not consider Ali's infallibility necessary (wājib), unlike Imamiyya, he accepted it. Therefore, he responded to the criticisms directed at Ali, starting from the point of Ali's innocence. According to Ibn Abī al-Ḥadīd: (a) After the death of the Prophet, ʿAlī insisted on becoming the new leader of the Muslim community. He did not act hastily to assume the caliphate because he was not expecting any opposition to that. However, when the events took a different turn, he did not escalate the situation, rather accepted the status quo. (b) ʿAlī also did the right thing by participating in ʿUmar b. Al-Khaṭṭāb’s (d. 23/644) electoral shūrā. This was an opportunity for him to become the next caliph, and reinstitute a system in accordance with the Qurʿānic principles and sunna of the Prophet. (c) It was also not an error when ʿAlī decided to stay in Medina during the events of ʿUthmān’s murder (d. 35/656). He played an active role in dissuading the rebels from their attempt to kill ʿUthmān, but he was in no position to know that his activity would be used against him later by the Umayyads who accused ʿAlī of being complicit in ʿUthmāns’s murder. (d) ʿAlī took the caliphate after ʿUthmān because of his popularity among the people. In this way, he managed to prevent an unqualified person to occupy the seat of the caliphate. (e) When the Battle of Camel broke out, those who demanded justice and opposed ʿAlī were in error. (f) When ʿAlī became the new caliph, his decision to remove Muʿāwīya (d. 60/680) from the governorship of Syria was correct. This is because Muʿāwīya would have refused to accept ʿAlī’s leadership even had he stayed in office as a governor. ʿAlī understood that the conflict would end only through fighting, so he did not lose time in marching against Muʿāwīya. (g) During the battle he abided by the sharīʿa and allowed the Syrian army to access water. (h) It was not ʿAlī, but those defectors in his army who obliged him to end the fighting through arbitration. (i) When ʿAlī agreed to sign the Ṣiffīn ceasefire agreement and did not use his title amīr al-muʾminīn, he followed the Prophet's example since the latter also refrained from using his title during the Ḥudaybiyya agreement. (j) ʿAlī also cannot be blamed for those among his supporters, such as the poet al-Najāshī, who defected and joined the ranks of Muʿāwīya. The motivations for the defectors were either to attain worldly gains or to escape from punishment for the crimes which they had committed. (k) When Muʿāwīya managed to conquer Egypt, ʿAlī’s governors of the province, Qays b. Saʿd (d. 60/680) or Muḥammad b. Abī Bakr (d. 38/658), did nothing for which they could be blamed. (l) And finally, ʿAlī never had guards to protect him because he was never afraid of being assassinated. Although Ibn Abī al-Ḥadīd took Ali's innocence as a basis while presenting these views, he did not make inconsistent comments in general and did not say things contrary to historical facts. Therefore, it is necessary to acknowledge historical value of his views in question. (shrink)