In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī argues that the two terms ṭalab and irāda are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, a real mode or an (...) initiating mode. The former denotes a real seeking or willing within the essence of an actor, whereas the latter simply seeks to initiate the meaning of seeking or willing. Accordingly, an initiating ṭalab may be distinct from a real irāda, and a real ṭalab may be distinct from an initiating irāda, without undermining the position that ṭalab and irāda are conceptually identical. Analysis of al-Khurāsānī’s arguments, and some criticisms of it by later modern and contemporary scholars of uṣūl al-fiqh, will aim to broaden our understanding of the category of inshāʾ in Arabic, hitherto analysed through the lens of J. L. Austin’s notion of performatives. More generally, the paper takes the treatment of this linguistic issue as an example affirming the continued importance of modern and contemporary uṣūl al-fiqh for engaging with Arabic philosophy of language and argument. (shrink)

In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī (d. 1911) argues that the two terms ṭalab (seeking) and irāda (willing) are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, (...) a real (ḥaqīqī) mode or an initiating mode (inshāʾī). The former denotes a real seeking or willing within the essence of an actor, whereas the latter simply seeks to initiate the meaning of seeking or willing. Accordingly, an initiating ṭalab may be distinct from a real irāda, and a real ṭalab may be distinct from an initiating irāda, without undermining the position that ṭalab and irāda are conceptually identical. Analysis of al-Khurāsānī’s arguments, and some criticisms of it by later modern and contemporary scholars of uṣūl al-fiqh, will aim to broaden our understanding of the category of inshāʾ in Arabic, hitherto analysed through the lens of J. L. Austin’s notion of performatives. More generally, the paper takes the treatment of this linguistic issue as an example affirming the continued importance of modern and contemporary uṣūl al-fiqh for engaging with Arabic philosophy of language and argument. (shrink)

Ṣadr al-Sharīʿa al-Thānī al-Maḥbūbī (d. 747/1346) was the last major Māturīdī theologian of Transoxania. As he left no work of rational theology (kalām) proper, one of the chief sources of his theological thought is his book on legal theory, al-Tawḍīḥ fī ḥall ghawāmiḍ al-Tanqīḥ. Because the work served as a prominent reference for both legal theory and rational theol­ogy, an extensive commentary tradition on it emerged as it was transmitted from Transoxania to South Asia, Anatolia, and the Arab world. A (...) distinctive subfield of this commentary tradition consisted of glosses devoted exclusively to one specific section of al-Tawḍīḥ. Revolving around the nature of good and evil, and intimately linked to the question of human free will, this part of Ṣadr al-Sharīʿa’s text came to be treated as a separate work, commonly referred to as al-Muqaddimāt al-arbaʿ (“The four pro­legomena”). Due to its role as a highly sophisticated refutation of late Ashʿarī doctrine on human volition, al-Muqaddimāt al-arbaʿ eventually developed into a prime source for later Māturīdī scholars in their discussion of human volition and related topics. (shrink)

The issue of wiping over socks is part of the more general issue of wiping over leather socks (khuffayn) for ablution (wuḍū’). Washing feet or wiping over them is a debate whose sides bases their claims on the verses of the Qur’an and supports these claims with narrations. When performing ablution, if shoes or socks are on the feet, whether one can wipe over them without taking these off and the qualities that these clothes should have is a debate based (...) on hadith narrations. Most Muslims except for the Ja’farite are of the opinion that either washing the feet or wiping over a khuff or similar clothing that was put on while a person already had ablution can be done during ablution, while the Ja’farite think that wiping over bare feet is enough but wiping over khuff is not. There is a consensus that shoes, boots, buskins and other leather footwear qualify as khuff. However, there is disagreement over whether clothing from materials like cotton, linen, wool, and felt -usually referred to as socks- qualify as khuff. For this reason, some Muslims of the world wipe over socks while others do not. There are contemporary fatwas (legal opinion) that are supportive of either of the positions. However, there are those who treat this issue beyond choosing a side in an ijtihad (process of juristic legal reasoning) and some who wipe on socks are censured strongly. In this research based on an examination of the fiqh heritage, the goal is to contribute to making this issue better understood and its fiqh ruling clearer.Summary: The sixth verse of Surah Ma’idah in the Qur’an clearly states that wuḍū’ requires washing the face, arms up until elbows, and wiping over the head. However, when it comes to the fourth element of wuḍū’, the feet, there has been disagreement about whether it should be wiped or washed. Arabic grammar rules and narrations have been interpreted in ways that support both views; in general Sunni sects, Zaydis, and Kharijites argue the feet should be washed while Shia Ja’farites are in favor of wiping over bare feet. There have also been efforts among faqihs (jurists) to reconcile washing and wiping; washing slightly; choosing the better one between the two; washing when not covered, wiping when covered; washing if there is dirt, wiping if it is clean; viewing at least wiping as fard (obligatory), washing as a Sunna (recommended) that includes the fard as a way to unify the two approaches have also been proposed.According to widely accepted narrations, the prophet and his companions washed their feet when performing wuḍū’ and once they put on their shoes having had wuḍū’, the next time they only wiped over the shoes without taking them off. In less commonly accepted narrations, which some hadith authorities regard as authentic, the Prophet is said to have wiped over his socks. In narration sources, it has been narrated that about fifteen faqih companions, among them ʿUmar b. al-Khaṭṭāb, ʿAlī b. Abī Ṭālib, ʿAbdallāh Ibn Masʿūd, ʿAbdallāh b. ʿAbbās, ʿAbdallāh b. ʿUmar, saw wiping over socks as appropriate. However, there are no narrations about the companions disapproving of wiping over socks. Among those who approved of wiping over socks are tābiʿūn (successors) faqihs like Saʿīd b. D̲j̲ubayr, Saʿīd b. al-Musayyab, Ibrāhīm al-Nakhaʿī, ʿAṭāʾ b. Abī Rabāḥ, al-Ḥasan al-Baṣrī ve al-Aʿmash, and Mujtahid Imams like Zufar, Sufyan al-Thawri, al-Ḥasan b. Ṣāliḥ, Ibn al-Mubārak, Abū Yūsuf, Muḥammad al-Shaybānī, Aḥmad b. Ḥanbal, Isḥāq b. Rāhawayh. Considering their most prominent positions, we can say that Ḥanafis and Shafis allow wiping over socks that are thick and opaque, Hanbalis allow it over socks that cover the foot even if thin, while Mālikīs do not allow wiping over socks at all.As far as it is understood from narrations from the Prophet’s time, due to both climate conditions and weaving possibilities, socks were used only rarely. Also, footwear like shoes or slippers made of leather were very hard to find and narrations suggest that prayers were performed at houses and the masjids over soil base on either bare foot or with shoes. For these reasons, the issue of wiping over socks did not arise at the time and at later periods different opinions on the issue led to disagreements. When carpets were placed on the ground at later periods, performing the prayer with shoes was abandoned and a second layer of shoes (khuff) was placed inside the shoes as khuff. Since removing the shoes would invalidate wuḍū’ performed over that shoe, those who wanted to avoid the difficulty of having to wash their feet each time they needed wuḍū’ have instead wiped over this second layer once they put them on after performing wuḍū’.Ḥanafīs and Shāfiʿīs, who tend to approach the issue of wiping over socks with hesitation and make this conditional on some strict rules, emphasize that the socks to be wiped over should be similar to shoes in terms of thickness, based on the idea that it is certain that the Prophet has wiped over shoes made of leather but his wiping over socks is weaker and that the qualities of those socks are not clear. Among the thickness criteria expressed for the socks are being waterproof, the ability to walk for at least a league with it, and its ability to hold on to feet without being tied at the wrists. Due to these criteria, which have been developed to protect the wuḍū’ and whose boundaries are not well specified, especially among Ḥanafis the idea that wiping over socks is not allowed has gained popularity. As opposed to this, in circles dominated by Ḥanbalīs opinions allowing wiping over any type of socks have been expressed.At times when the Prophet had his shoes on and did not want to take off his shoes, he used to wipe over the shoes. The equivalent of this act today is to wipe over socks since prayer with shoes on is not common any more. While nowadays wiping over socks is an ease for everybody when performing wuḍū’, it is something that is especially needed under certain circumstances. Cold weather and the lack of drying possibilities for the feet leading catching cold and illness, socks that are put on when feet are wet leading to bad smell and fungus on feet, the hardship of elevating the feet high enough to the sink and of changing socks on one foot when there are no special wuḍū’ places, the fact that at societies distant from Islamic culture it is seen against the etiquette to wash feet in the sink are among the reasons why this need arises. Because most of the time we are not in a position to determine the circumstances of our work and travels at modern times, it can be said that today this need is more than it was in the past.Some scholars of today use a precautionary principle and argue that the Qur’an commands to wash the feet, and the only narration powerful enough to make an exception to this rule is about masts made of leather, and extending this to include socks would go against the precaution principle and some other principles of uṣūl al-fiqh (Islamic legal theory). However, some other scholars who use the ease in religion principle argue that the permission to wipe over masts also include wiping over socks and that they are of the same nature, that there are authentic narrations that show wiping over socks are allowed and that one can even talk of an ijmāʿ (consensus) among the companions on this issue, and that seeking additional qualities socks on which one is to wipe over, such as thickness, ability to walk with it, its ability to hold on to the feet, being waterproof, have no merit in the sharīʿa. Jamaleddīn Qāsimī, who wrote a special research book on the topic, and scholars like Abū l-Aʿlā Mawdūdī, Yūsuf al-Qaradāwī, ʿAbd al-ʿAzīz b. Bāz, Ibn al Uthaymeen think that one can wipe over daily socks that do not show the skin beneath it, while scholars predominantly of the Ḥanafi opinion hold that one cannot wipe over the thin daily socks. (shrink)

Due to the current shifting regional paradigms in the Middle East brought on by the series of popular uprisings known as the Arab Spring, this article focuses on the issue of minority rights within modern Islamic theorizing. Evaluating the writings of Islamic intellectuals such as Tariq Ramadan, Abdullah Ahmed An-Na’im and Rashid Al-Ghannushi, the article finds that there are indeed constructs available within modern Islamic theorizing that can help resolve current minority problems within Arab societies, albeit with the (...) addition of human rights discourse on citizenship and multiculturalism. Noting that minority–majority relations are a global problem, as seen through case studies of the United States and Europe, human rights discourse, cultural relativism and religion are explored, concluding that Islamic theorizing is a blend of the three. Turning to usul al fiqh, it is concluded that traditional Islamic approaches to minority rights fail to incorporate anything but religious minorities and those religious minorities are second-class citizens under shariah interpretation. The rise of the Ottoman millet system eventually helped shape the collective identity for minority groups, but it still placed sole emphasis on religious minorities and treated all minorities as unequal subjects under the sultanate. Building on the constructs of modern Islamic theorizing and expanding to include the concepts of multiculturalism and territorial citizenship, this article asserts that for minority–majority struggle to be solved, modernist Islamic theorists must transcend the traditional Islamic minority paradigm and instead promulgate citizenship as a basis for equality in society, applying new ijtihad for a fresh, integrative interpretation of minorities within Islam and the civil state. (shrink)

The concepts of ḥaqīqah (literal meaning) and majāz (figurative mea-ning), which are central to the Arabic science of balagah (rhetoric), play a crucial role in the interpretation and understanding of the Qur'an. These terms have been examined in various disciplines such as language, Islamic jurisprudence (uṣūl al-fiqh), and theology (kalām), and over time, scholars have developed distinct interpretations of these concepts. One of the key debates in early Islamic thought revolves around whether certain Qur'anic verses—those whose apparent meanings (...) defy rational explanation—should be understood literally or figuratively. An important example of this debate is found in Surah al-Baqarah (2/74), where the verse describes "stones that roll down from fear of God." The notion of stones moving due to fear of God raised significant theological and ontological discussions among scholars from the earliest periods of Islam. This article aims to explore the various approaches taken by early Islamic exegetes and theologians concerning Su-rah al-Baqarah 2/74, examining how this verse has been interpreted both linguistically and theologically. The study will analyze the figurative interp-retation of Muʿtazilah theologians such as Jāhiz and Abu ʿAlī al- Jubbāī, who based their views on theories of nature (tabī‘ah), as well as the literalist app-roaches of classical exegetes such as Tabarī, Māturīdī, and Bāqillānī. Additio-nally, the work of linguists like Ibn Jinnī, who utilized the literary technique of metonymy (majaz mursal), and Bāqillānī focus on implied metaphor (isti'ārah makniyyah), will be critically examined to understand how these interpreta-tive strategies reflect broader linguistic theories. By contextualizing these interpretations, this study seeks to shed light on how the perception of ḥaqīqah and majāz evolved in early Arabic rhetoric and how these concepts influenced Qur'anic exegesis. Moreover, the broader implications of these debates for Islamic thought in fields such as theology, law, and the science of language will be analyzed, demonstrating the intricate role of language in shaping Qur'anic interpretation. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

This study includes an analytical study of the term "Qiyās al-Adna” among the Scholars of Uṣūl al-Fiqh. It is known that the Qiyās is divided into the following types: an analogy of higher order (Qiyās al-Awla), an analogy of an equivalent order (Qiyās al-Musawi), an analogy of a lower order (Qiyās al-Adna). However, Qiyās al-Adna raised issues and objections among some scholars, in past and present; hence, there is an urgent need to present a comprehensive study that shows the (...) meaning of Qiyās al-Adna for those who advocate it, discusses the objections and issues that have been raised about it, and clarifies its connection to other Qiyās types. Moreover, the study will concern the applied side of Qiyās al-Adna by explaining how jurists used it. The researcher used the analytical method and referred to the most important, ancient and modern Uṣūl al-Fiqh sources and references. The study concluded with results, the most prominent of which is that the Qiyās al-Adna has two meaning: the first is that in which the original case is more deserving of legal ruling than the new or parallel case, so the new case is considered as a lower order, and the second is that the effective cause in the new case is weaker than in the original case. Among the results of the study is that the objections directed to the Qiyās al-Adna are weak, and that it is not limited to the presumptive Qiyās on the most correct opinion, also, that the jurists used the term Qiyās al-Adna in the second meaning, which says that the lower order is in its effective cause, not the legal ruling. (shrink)

al-Zarkashī, an ethnic Turk, is an important hadith, fiqh and commentary scholar who lived during the Mamlūks period. He was taught by some of the leading scholars of his era, such as Alā al-Dīn Mughultay (d. 762/1360), Imād al-Dīn Ibn Kashīr (d. 774/1372) ve Jamal al-Dīn al-Asnawī (d. 772/1370), and he grew up under their mentorship. Nevertheless, his only well-known student is Birmāvī (d. 831/1428). Almost half of his works have been related to fiqh and methodology of fiqh, and he (...) has also written some important works in the field of hadith. Among these, especially al-Tadhkira, al-Nukat alā Ibn al-Salāh, al-Nukat alā al-Umda fī al-Ahkām ve al-Icāba are worthy of mention. The work named al-Tadhkira, which we built our work upon, is the first known work to have been preserved in the field. Due to his being a first in his field, he was vastly studied as to how he evaluated the narrations and what kind of procedure he followed. In this work of his, not only the criticism but also the application of the text criticism adds to the importance of the work. Then, on the basis of this work, scholars such as al-Sakhāwī and al-Aclūnī made complementary works on the same subject. Summary: It is inevitable for a person to be shaped by the society he lives in. During the time when al-Zarkashī lived, Egypt was under the rule of the Mamlūks. The history of Mamlūks is examined under two periods: 1. Bahrī or Turkish Mamlūks (745 / 1344 - 794-1391) 2. Burjī or Circassian Mamlūks (784 / 1382 - 923 / 1517) period. Our author lives in both periods. About forty years of his life was in the period of Bahrī and the rest was in the period of Burjī. In both periods, the state did not have a full political authority in the country, but this was not the case in education and training. In fact, on the contrary to the political situation, scientific activities have accelerated by the arrival of many scholars to the land of Mamlūk because of the Mongol invasions coming from the east and the Crusades from the west. The increase of scientific activity was caused not only by the coming of the scholars but also by the support given by the Mamlūk sultans. In fact, they built many new madrasas in addition to the resurrection of the old ones. In addition to madrasas during the Mamlūks period, mosque, hāngāh, ribat and zāwiya are also among the educational places.Hadith, fiqh and Tafsir scholar al-Zarkashī is originally Turkish. He was born in Cairo at 745 under the conditions mentioned above. His family learned of gold and silverworking because of their subsequent settlement to Egypt, and they made their living with this craft. A person who performs this is called Zarkash in Arabic. Muhammad ibn Bahādır, who learned and did this job, was known as al-Zarkashī. al-Zarkashī, known for his love of science since childhood, was trained hadith by Alā al-Dīn Mughultay (d. 762/1360) and Imād al-Dīn Ibn Kashīr (d. 774/1372) in Damascus, and fiqh by al-Asnawī (d. 772/1370). Among his beneficiaries are distinguished personalities such as al-Subkī (d. 756/1355), al-Azraī (d. 783/1381) and al-Bulqīnī (d. 824/1421). The most remarkable of his student is al-Birmāvī (d. 831/1428).It is known that he wrote about fifty works in hadith, tafsir, fiqh, methodology of fiqh and other fields. Especially among these works al-Burhān fī ʻUlūm al-Qur’ān, al-Tadhkira, al-Ijāba, al-Bahr al-Muhīt fî Usūl al-Fiqh ve al-Mansūr fī al-Qawāid is worth mentioning. Studies on al-Burhān and al-Bahr were carried out at the level of Master and PhD.al-Zarkashī did not hesitate to criticize any person for whom he had found his mistake. For example, even though he has a great love for him, and even because of this love, he has been given the name of al-Minhāj, the criticism of al-Nawawī is the clearest indication of the value given to science. Not just him, critics of scholars such as al-Hākim al-Naysābūrī and Ibn ʻAbd al-Barr who are recognized as authority in hadith can also be considered in this framework.The work named al-Tadhkira which we have studied in our work is of importance in that it shows the accumulation of knowledge in the field of hadith. In order to compose this work, it is necessary to have enough information in this field since the riwāyas must be criticized in terms of isnād and text. To compose his work, al-Zarkashī has benefited from about a hundred and forty works related to hadith, tafsir, al-siyar, history, tabakāt, commentary, jarh - taʻdīl, ilal and maghāzī. The use of such works is an effort to reach all sources and right information as much as possible. Some of these sources are basic hadith books such as al-Bukhārī (d. 256/870) al-Sahīh, Muslim (d. 261/875) al- Sahīh, Abū Dāʾūd (d. 275/889) al-Sunan, al-Tirmidhī (d. 279/892) al-Sunan, al-Nasā’ī (d. 303/915) al-Sunan, Ibn Mādja (d. 273/887) al-Sunan, Mālik ibn Anas (d. 179/795) al-Muwatta, Ahmad ibn Hanbal (d. 241/855) al-Musnad, al-Dārimī (d. 255/869) al-Sunan, ʻAbd al-Razzāq al-Sanʻānī (d. 211/826-27) al-Musannaf, Ibn Abī Shayba (d. 235/849) al-Musannaf, Ibn Rāhwayh (d. 238/853) al-Musnad, al- Bazzār (d. 292/905) al-Musnad, Abu Yaʻlā el-Mawsilī (d. 307/919) al-Musnad, Ibn Hibbān (d. 354/965) al-Sahīh, al-Tabarānī (d. 360/971) al-Muʻjam al-Awsat and al-Muʻjam al-Kabīr, al-Hākim al-Naysābūrī (d. 405/1014) al-Mustadrak.al-Zarkashī divided the riwāyas he had studied into eight subjects. These are judgments, wisdom, zuhd, medicine, virtue, prayer, story, words and riwāyas circulating in language. He shares the information he obtains from sources about him after mentioning the riwāyas he will examine. For example, it is mentioned that there is not a hadith which is transmitted as a hadith, it is a word of a sahāba, tābiun or a person. He transferred on the riwāyas the sources mentioned in the sources, but also stated that he did not participate in some information as the place came.The author has evaluated the narrators of the riwāyas from the point of jarh and taʻdīl. He did not only evaluate riwāyas in terms of isnād, but also text criticism. This activity is a distinctive feature of his work.al-Zarkashī gave information about the misrepresentation of the name of the narrators. He also explained the strange words that are difficult to understand in the text. It is a manifestation of his knowledge in the fiqh area that some of the riwāyas that are considered weak are expressed in some sects. The author described some errors about the riwāyas. For example, he stated that a riwāya that is said to be marfūʻ is a mavkūf. al-Zarkashī also included verses, hadiths and poems about the riwāya that he had studied while writing his work or he defended it by saying that it is not the case of a riwāya that is said to be fictitious.Perhaps it is the weakest point of al-Zarkashī’s work not to give any information about some riwāya, only to mention their isnāds. He also found some riwāyas that did not have a reliable isnāds and stated that their meanings are correct. This knowledge has become an enlightening characteristic for later generations.This work has a great significance in showing that the majority of the riwāyas that spread among the people are not hadiths. As a matter of fact, 73% of the riwāyas examined in the work are weak or irrelevant riwāyas. This work of al-Zarkashī is unique. The existence of such a work has not been determined before him. This work constituted the basis of the works written by scholars such as al-Sakhāwī and al-Aclūnī in the same subject after him. (shrink)

This is an era when the Islamic World is making a range of attempts to redefine itself and to grapple with the challenges of modernity. Many schools of thought have emerged which seek to position modern Islam within the context of a rapidly changing contemporary world. Exploring and defining the relationship between religion and knowledge, Ismail Rafi Al-Faruqi, a distinguished 20th century Arab-American scholar of Islam, formulated ideas which have made substantial contributions to the Islam-and-modernity discourse. His review of (...) the interaction between Islam and knowledge examines the philosophy behind this relationship, and the ways in which Islam can relate to our understanding of science, the arts, architecture, technology and other knowledge-based fields of enquiry. This book includes contributions from Seyyed Hossein Nasr, John Esposito, Charles Fletcher and others, and will prove an essential reference point for scholars of Islam and students of philosophy and comparative religion. (shrink)

This is an era when the Islamic World is making a range of attempts to redefine itself and to grapple with the challenges of modernity. Many schools of thought have emerged which seek to position modern Islam within the context of a rapidly changing contemporary world. Exploring and defining the relationship between religion and knowledge, Ismail Rafi Al-Faruqi, a distinguished 20th century Arab-American scholar of Islam, formulated ideas which have made substantial contributions to the Islam-and-modernity discourse. His review of (...) the interaction between Islam and knowledge examines the philosophy behind this relationship, and the ways in which Islam can relate to our understanding of science, the arts, architecture, technology and other knowledge-based fields of enquiry. This book includes contributions from Seyyed Hossein Nasr, John Esposito, Charles Fletcher and others, and will prove an essential reference point for scholars of Islam and students of philosophy and comparative religion. (shrink)

In the fiqhī doctrine, the issue of nafy al-madārik does not find a place for itself with this very nomenclature, and in the classical approach, it is often referred to by different names, but we have found it appropriate to use this term in order to make the subject more understandable and to lead to a more practical use of the expression rather than a sentence. One of the main reasons why we find the subject worthy of research is that (...) there are almost no independent and original studies on it. Another reason was to determine the relationship between the two, since those who frequently and openly do not give it a chance examine it under the title of istishāb. In the process, our multidisciplinary reading tendency led us to realize how similar some of the terminological expressions that appear in modern logic are. In Islamic legal methodology, the method of “absence of evidence/nafy al-madārik”, which plays an important role in the knowledge of basic methods for experts who will deduce religious rulings from the relevant sources, is mostly discussed together with the evidence of istishāb and not analyzed in a separate context. In the absence of evidence that would constitute the ruling on any subject, jurists have mentioned this method, which states that there is no ruling because there is no evidence. The issue of the absence of evidence, which is usually analyzed by the Hanafīs under the heading of fasid evidence, was occasionally used by other jurists. If the absence of evidence does not result in the absence of the ruling, the scholars have resorted to the evidence of istishāb, which is the opinion that the ruling continues to exist. However, as we have mentioned, the mixed treatment of both methods has led to the problem of where they should be positioned in the hierarchical evidence platform and how they should be perceived. The fact that a sixth prayer was not commanded upon the necessity of the existence of the five daily prayers is one of the main examples of the method of nafy. Accordingly, it is possible to rule that the sixth prayer does not exist in the absence of any evidence showing that the legislator did not impose a new one on top of the five rak'ahs and vice versa. In terms of its scope, the issue of the absence of evidence is not only used in classical fiqh. In fact, the breadth of this subject should not be limited to Islamic sciences. In fact, the method of absence of evidence also guides the modern understanding of science. The method in question, which is mostly expressed as the absence of evidence, is rejected by a considerable number of popular acceptance. Science, so to speak, does not see the absence of evidence as a correct approach. A famous and striking example of the absence of evidence is as follows: “There is no evidence for the existence of aliens on Earth, therefore there are no aliens, or aliens do not exist, based on the lack of evidence for this”.In this study, first of all, the elements constituting the phrase “absence of evidence” are analyzed. The method of absence of evidence is discussed together with its debates and parties in terms of the meaning formed as a result of the examination. Its relationship with istishāb has been analyzed in terms of its relevance. In doing so, we have also included whether it is sufficient for the person who claims that the ruling does not exist due to the absence of the relevant evidence to prove his claim in a mere way. While trying to reveal all these, we have also tried to address how correct it is for the person who claims that there is no evidence for the relevant ruling in the method of absence of evidence to make a decision based solely on this. In addition, we have discussed the issue of absence of evidence together with some issues of various disciplines such as kalam and logic due to its relevance. As a result of the discussions, we tried to show that the method of nafy and istishab are not the same thing. Following these, some evaluations were made about the theory of nafys. Among these evaluations, there are some interpretations that are close to the Hanafīs' stance on this issue and some determinations about the fallacy of nafy in terms of the science of logic. As a result, an independent study on nafy al-madārīq has been presented to you, the reader, based on a logical approach to it. However, this attempt will not completely fill the gap in the literature on the subject. We hope that this study will serve as an opportunity for further research to fill the aforementioned gap, and that the subject will reach a wider audience. (shrink)

Positive Psychology Interventions as an Opportunity in Arab Countries to Promoting Well-being AbstractIn this perspective paper, we emphasize the importance of further research on culturally-sensitive positive psychology interventions in the Arab region. We argue that these interventions are needed in the region because they not only reduce mental health problems but also promote well-being and flourishing. To achieve this, we shed light on the cultural elements of the Arab region and how the concept of well-being differs from that of Western (...) culture. We review the research conducted in Arabia, briefly evaluate the quality of this research and list some adapted measurements. We furthermore propose guidelines and recommendations for future evidence-based positive psychology interventions research to align with the national culture in various sectors and community samples that contribute to the development of well-being in the Arab world.Introduction Extensive research on Positive Psychology Interventions (PPIs) - defined as activities focus on promoting positive feelings, thoughts, or behaviour (Sin & Lyubomirsky, 2009) - has shown their effectiveness in well-being and mental illness (e.g., Chakhssi et al., 2018; Hendriks et al., 2020). A recent review of 347 studies showed that PPIs have a significant effect on promoting quality of life and well-being and reducing anxiety and depression (Carr et al., 2020). However, the issue is that most of these studies (82%) remain narrow in focus only on Western Educated Industrialised Rich Democratic (WEIRD) countries (Hendriks et al., 2019). Therefore, they may not be effective for other countries such as the Arab countries where there are various cultural differences. This highlights the key role that culture can play in enhancing PPIs engagement, acceptability, and eventually, effectiveness (Hendriks & Graafsma, 2019). Recently, the field of PP in the Arab region has begun to grow (Basurrah et al., 2021; Rao et al., 2015). However, studies conducted in these countries are scant and of poor methodological quality. We have found humble quantity and quality of empirical studies. Yet, Arab countries, home to 5% of the world’s population, have a burden of mental health problems above global levels (GBD 2015 Eastern Mediterranean Region Mental Health Collaborators, 2018). Prevalent stigma, war and conflict were some of the contributors (Maalouf et al., 2019). Thus, to properly address this cultural stigma against mental health problems, PPIs could provide an additional role alongside traditional psychology approaches (e.g., Cognitive Behavioural therapy - CBT). Further, in light of the political conditions that some Arab countries are going through and the negative effects that they cause, it has become necessary to use the method of prevention that is the focus of PP and not only of treatment as a strategy for applications and practice. It has been noted that the mental health care system in the Arab region focuses highly on illnesses treatment and neglects the significant role that PP plays in enhancing human potential and well-being. We - here in Arabia –are becoming more influenced by many global issues particularly the COVID-19 pandemic and their impact on mental health and well-being (e. g. prevalence of stress, anxiety, depression among the general population during the pandemic (Salari et al., 2020). In response, Waters et al. (2021) have recently presented how positive psychological factors can play a significant role in buffering mental illness, enhancing mental health throughout the pandemic, and building positive processes and capacities that can help to promote future mental health.Here in this perspective paper, we highlight the cultural aspects of Arab countries. Specifically, we present previous PPIs research conducted in Arabia and briefly evaluate the quality of this research. Importantly, we discuss the need of developing an indigenous and culturally sensitive PP among the Arab region (Lambert et al., 2015).Arab Culture “Arab World,” which comprises 5% of the world’s population, refers to the Arab countries in the Middle East and North Africa. Despite the increasing pace and progress of different businesses in many Arab countries, individual communities are still limited in certain prominent economic places. Arab people rather gather in collective communities. They generally share the same Arabic Islamic culture, speak the same language, and descend from the same Arab families when going back in history no matter what nationality they have nowadays. Yet, very many changes came to communities before borders were drawn between countries and after. For instance, geography, topography, demography, and socio-economic status affect peoples’ nature of jobs and lifestyles. For example, Arabs in the east, west, or the middle have similar tongues; however, almost every Arab country has its accent. Therefore, people need to go back to the formal Arabic language ‘Fus-ha’ or learn more about different Arabic dialects when communicating cross-countries. According to Hofstede’s model (2011) based on the individualism-collectivism dimension, the Arab countries (Eastern society) have been classified as a collectivist culture, where their identity and decisions are influenced by social systems. In contrast, the United States (Western society) has been classified as an individualist culture focusing on individual decisions. Although there are degrees of individualism among Arabs in certain countries, they still share collective common characteristics. Here, we explore the meaning of collectivistic conceptions of the self, emotions, values, and religion in Arab countries and how they differ from those in individual Western cultures. The Self Since the field of PP focuses on the development of self, it is vital to recognize that self-concept varies across cultures. Individualism generally emphasises the self-directed and autonomous individual (Realo et al., 2002). People in individualist countries focus primarily on their personal characteristics (e.g., motives, abilities) to build their self-concept. On the other hand, collectivism refers to several social structures that highly value the groups to which people belong, such as family and tribe (Realo, 2003). People in collectivist countries such as the Arab countries focus primarily on their relationships with others to build their self-concept (Markus & Kitayama, 1991). Hence, research from Arab countries should focus on the core elements of collectivism when implementing PPIs to make a significant, meaningful impact. For example, people from a collective culture may experience a greater enhancement in well-being when practising interventions that are more prosocial and group-oriented such as compassion, performing acts of kindness, writing a gratitude letter, and using character strengths in everyday context including social context, compared with self-oriented interventions such as identifying character strengths. Emotions, value, and Religion Research shows that Western culture emphasises the goal of maximizing positive emotions, while Eastern culture emphasises embracing and balancing positive and negative emotions (Leu et al., 2011). To illustrate, culture plays an important role in influencing perceptions of happiness. People in individualist countries value happiness highly. In contrast, people from the collective countries value low arousal positive emotions (Leu et al., 2011) and exhibit a fear of happiness (Joshanloo & Weijers, 2014; Joshanloo, 2013). Hence, the influence of positive emotions plays a limited role in the mental health of Eastern society. Speaking of Value, for an Arab, the family is the centre of honour and the most important social unit. This loyalty has an impact on every part of an Arab’s life. Arabs honour their families and highly value their friendships. Therefore, future research could shed more light on group-oriented interventions (e.g., kindness) that focus more on the relationship with family, friends, and community. When it comes to religion, Arab society has a rich culture in values and believes that place a high emphasis on spirituality. Religion is the most important and distinctive aspect of Arab culture. Arab countries vary in terms of religion, with Islam being the predominant religion in most of them. Well-being (Hedonic and Eudaimonic) It is necessary here to clarify what is meant by hedonic and eudaimonic definitions of well-being. While the term ‘Hedonic’ is based on the pursuit of maximum levels of pleasure (feeling good), the term ‘Eudaimonic’, on the other hand, is based on meaning and the development of virtues (functioning well; Keyes & Annas, 2009). Research indicates that cultures are not equally supportive of hedonic and eudaimonic aspects (Joshanloo & Jarden, 2016). In comparison to collectivism, hedonism appears to be more congruent with individualism (Joshanloo, 2014). Pleasure and positive emotions are considered a way to pursue happiness in Western culture, while this method is not highly favoured in Eastern cultures (Lee et al., 2013); Because they consider suffering and negative emotions as contributing factors to spiritual development. Therefore, the eastern perspective is more in line with a eudaimonistic view which emphasises virtues, meaning, and feeling of belongingness. However, although we believe that both approaches can be found to a certain level in both cultures, the differences suggest that there are different routes to happiness. Positive Psychology in the Arab region Positive psychology - "the scientific study of what makes life most worth living" (Seligman & Csikszentmihalyi, 2000) - is one of the newest branches of psychology. It focuses on three main pillars: (1) positive subjective experiences (such as happiness and love); (2) positive individual characters (such as gratitude and compassion); and (3) positive institutions (for the application of positive principles within institutions and organizations; Seligman & Csikszentmiha lyi, 2000). Some of the main topics of interest in positive psychology include character strengths, gratitude, hope, happiness, mindfulness, optimism, positive thinking, and resilience. Within the applications of this science, various domains of well-being (such as happiness, engagement, positive emotions, and meaning) can be enhanced by practising positive psychology interventions (Sin & Lyubomirsky, 2009). Interestingly, these interventions have also produced benefits beyond well-being, such as reduced mental health issues (Chakhssi et al., 2018; Hendriks et al., 2020).Nowadays, PP is increasingly noticed in the Arab world (Lambert & Pasha-Zaidi, 2019; Rao et al., 2015). In recent years, there has been a great effort to explore the PP field across Arab countries. Several initiatives have emerged aimed at promoting well-being and flourishing. For example, the Middle East Journal of Positive Psychology published its first volume in 2015. On the International Day of Happiness in 2017, United Arab Emirates University launched its Emirates Center for Happiness Research. Meanwhile, Effat University in Saudi Arabia started the first Positive Psychology and Well-being Research Lab, the first symposium, and the first PP course. In 2019, Louise Lambert and Nausheen Pasha-Zaidi published the first regional text entitled “Positive Psychology in the Middle East/North Africa.” There are other efforts spent in the region as well; such as the work conducted in Egypt. Ibrahim Younus established the Arab Association for Positive Psychology https://www.psycholearn.com/en/associative.php which provides several courses on PP and also published a book entitled “The Power of Positive Psychology” (Younus, 2017). Despite this development, nothing can compare to the quantity and even quality of research in other countries. In light of our observations, the few PP studies may be attributed to the lack of awareness of the constructive approach and prevention compared to problem-solving. An Arab dentist once said: “people do not come to me until they are badly in pain.” In any case, many studies have taken place in Arab countries in the last decade, more of which are descriptive and less of which experimental. For example, Abdel-Khalek (2010) found positive correlations between quality of life, subjective well-being, and religiosity among students in Kuwait. Abdel-Khalek (2016) developed “the Arabic Scale of Religiosity,” which significantly correlated with PP variables among students in Algeria, Kuwait, and Egypt. Recently, empirical studies on PPIs have arisen in Arab-Islamic countries. More attention has been focused on promoting well-being and alleviating the high burden of mental health problems in the region (GBD 2015 Eastern Mediterranean Region Mental Health Collaborators, 2018). For instance, several studies examined the effectiveness of mindfulness among university students (e.g., Al-Ghalib & Slim, 2018; Awad, 2019; Thomas et al., 2016), parents of children with autism (Rayan & Ahmed, 2016) and addicted adults (Al-Rashidi, 2018). Such an intervention has positive effects. Participants who practised mindfulness reported reduction in stress and depression as well as improvement in well-being and resilience. Moreover, the results of a recent pilot study found positive impacts on enhancing emotional regulations and reducing stress among Arab teachers (Berkovich-Ohana et al., 2020). Some studies have also begun to examine various interventions targeting character strengths (Basurrah et al., 2020; Chérif et al., 2020), self-compassion (Elaiwah, 2017), positive thinking (Mohammed et al., 2014; Hadad, 2014), and hope (Zaki, 2016). Interestingly, a new finding considering the fear of happiness among people from collective countries has been examined. Lambert et al. (2019) provided evidence that a 14-week PPIs programme has an impact on reducing the fear and fragility of happiness beliefs among university students in the United Arab Emirates.Since Arab countries place great emphasis on spirituality, several authors have considered the aspect of religion when implementing PPIs. For instance, an empirical study by Al-Seheel and Noor (2016) found that expressing gratitude towards God “Allah” increases the happiness of the Muslim more than the usual gratitude intervention. Additionally, Al-Ghalib and Salim (2018) examined a religiously sensitive mindfulness-training programme with university students and found a positive effect on life satisfaction and a slight reduction in stress, depression, and anxiety. Hence, the role of religion is vital to make the interventions more relevant to Arab culture where people can connect Islamic philosophy with PP theories and practices. These studies reviewed here provide further support for the need for culturally sensitive interventions among the Arab population. More recently, the first systematic review of PPIs in Arab countries was conducted by Basurrah et al. (2021; the protocol has been published in BMJ Open and the final manuscript has been submitted for publication). Reviewing a total of 39 studies, the most commonly studied interventions were mindfulness, positive thinking, and resilience. Only a handful of studies examined gratitude, character strengths, forgiveness, self-compassion, savouring, or finding flow. Further analysis revealed that most studies from Arab countries have several methodological limitations. This included a lack of protocol guidelines, few well-designed randomized controlled trials (RCTs), blinding issues, small sample sizes, lack of active control groups, and lack of research into certain populations (e.g., teachers, employees, and people in distress in refugee camps). Discussion PP was founded on an individualistic framework (Christopher & Hickinbottom, 2008). To ensure that PPIs are culturally meaningful, this paper includes some cultural elements of the Arab region that should be considered to serve the needs of the Arab population. In the Arab world, some people may believe that PP is solely about happiness and being positive. If so, it is important to educate the public about the findings of rigorous studies evaluating PPIs such as gratitude, hope or flow on health, well-being and performance. To explain the value and effectiveness of these evidence-based approaches, examples might include studies linking gratitude with benefits for people with heart disease (Cousin et al., 2021), or how PPIs can promote quality of life in cancer patients (Casellas-Grau et al., 2014). There is some evidence about PPIs being effective in improving well-being in the Arab region, but research in this region is still in its infancy and little information is available regarding PPIs and the experience of Arabs participating in such interventions. Hence, there is still much more to investigate in this regard. Future research should empirically examine the effectiveness of various unstudied interventions such as savouring, gratitude, self-compassion, character strengths or finding flow. A combination of quantitative and qualitative approaches is required to provide an in-depth understanding of Arabs’ experience and impressions of PPIs and how and why they work. This may provide useful information to inform the appropriate design of PPIs to suit Arab culture and needs. Furthermore, while some research on PPIs has been carried out in the region, most of these studies have been of poor quality that suffered from small sample sizes, confounding factors, and a high degree of bias. To overcome these issues, future research should improve research quality, including protocol guidelines and well-designed RCTs. In particular, research should include randomization, allocation, blinding, power analysis to determine adequate sample size, active control groups to reduce bias, and follow-up periods of at least 12 months.Among the most popular resources that future PP practitioners may refer to are the International Positive Psychology Association (IPPA) and the International Positive Education Network (IPEN). Also, we recommend the Middle East Journal of Positive Psychology and the first regional book (Lambert & Pasha-Zaidi, 2019). To develop and/or adapt a multi-component PPIs, we would recommend referring to Character Strengths (Peterson & Seligman, 2004), the theory of well-being (PERMA Model: Positive Emotion, Engagement, Relationships, Meaning, and Accomplishment; Seligman, 2011), and the Five Ways to Well-being: Connect, Be Active, Take Notice, Keep Learning, and Give (Aked et al., 2008). Finally, single-component PPIs are based on theories like Broaden-And-Build (Fredrickson, 2004), Hope (Snyder et al., 2002), and Self-Determination (Deci & Ryan, 2012) can be also considered. Two other concepts that would be usefully applied are ‘Savouring’ (Bryant & Veroff, 2007) and Phillip Zimbardo’s Time Perspective (Stolarski et al., 2015). For instance, savouring has a positive temporal orientation to reminiscing the good memories from the past, enjoying the hedonic present moments, and willing proactively to make a better future. Now, what is even maybe more interesting for Muslims is “Transcendent Future” where all intentions, words and actions are devoted to that life after death. In addition, there is a model already prepared for the clinical purpose called Positive Psychotherapy (PPT). Tayyab Rashid and Martin Seligman published a PPT manual for clinicians in 2018. And for cross-cultural applications, including Muslim Arab culture, Rashid and Al-Haj Baddar (2019) have written a paper presenting PPT and its efficacy. PPT overview in detail shows sessions, themes, skills, practice, and cultural considerations where a mixture of PPIs based on PERMA, Strengths, and other PP concepts can be found. Regarding PP measurements, it is highly recommended to generate indigenous tools based on cultural backgrounds reviewed here in the article. An example of this is a tool for measuring Muslim well-being by including domains beyond what is found in Western literature. So far, in the Arab region, several attempts have been made to adapt PP tools. For example, Marei Salama-Younes (2018) validated the Arabic versions of different measures of well-being (e.g., satisfaction with life scale, the subjective vitality scale). Other validated scales as well include the self-compassion scale (Alabdulaziz et al., 2020), and the passion scale (Salama-Younes & Hashim, 2018). Conclusion This paper has discussed the cultural aspects of Arab countries and the need of developing culturally sensitive PPIs. The past decade has seen an increase in mental health problems in the Arab region. Stigma and lack of awareness have been always there. Among the issues are also wars, conflicts, and displacement in many Arab countries such as Iraq, Lebanon, and Palestine (Hassan et al., 2016). These indicate an urgent need to prevent mental illness and promote well-being. Indeed, we highlighted the importance of integrating culture with PPIs, following the guidelines for the cultural adaptation of PPIs (Hendriks & Graafsma, 2019) and the ethical guidelines for PP practice (Jarden et al., 2020). Another significant contribution of this paper is to highlight the importance of improving the quality of research conducted in Arab countries. In brief, this paper has several practical implications. It is an open invitation for researchers, policymakers, and practitioners alike to be more exposed to PP; as well as to better conceptualising and adapting interventions and measurement tools to the local culture in different sectors to maximize their effectiveness. And as we consider it as an invitation for us too, here we are starting a PPIs practice guide in Arabic language and for Arab practitioners. The insights gained from this paper may be useful for placing well-being on top of priorities for achieving individual, organizational, and optimal national functioning in different sectors. There is also a need to change the stigma or negative beliefs about seeking health for psychological support, which is an issue for countries in the Middle East (Baess, 2018). (shrink)

This research aims to show grammatical relations between the elements of the sentence based around the syntactic connection. The phenomenon of syntactic connection is one of the basic concepts for al-Jurjānī’s theory of nazm (construction). This view, which makes more understanding the structure of Arabic sentence, is studied in the light of the ideas of classic and modernists linguists. This attempt to facilitate Arabic grammar has continued routinely from relationships between grammar and meaning. The integration of grammar, which (...) consists of words, is an important property for native speakers and others. This field is open to new developments considering the successive developments in the field of linguistics. It is important to develop the principles that will help in understanding the grammatical structure of a language in which communication pathways are growing. Reinterpretation of prominent approaches appeared in classical sources and updating the concepts that explain the basic structures of language are needed to increase the effectiveness of Arabic.Summary: The linguists, who accept the language structures as a system of expressing thoughts, search out the relationship between meaning and grammar. The rules of grammar, which maintain its importance from the past to the present is one of the basic language areas. In the looking at the researches in the field of Arabic language, it is seen that the grammatical structures of this language is much emphasized. In this context, the grammatical markers theory, which is trying to explain the connection between the sentence elements in the light of different scientific disciplines, such as philosophy and logic is a theory, which the linguists put to explain the Arabic grammar. The grammatical discussions around the grammatical markers have continued for a long time. ‘Abd al-Qāhir al-Jurjānī (d. 471/1078) is one of the most prominent Arabic grammarians whose opinions are widely mentioned in this field. Al-Jurjānī, who found that the discipline of grammar area was limited, established a new method in language studying. In this context, the linguistic researches continue around the views of al-Jurjānī’s theory of construction. The term of construction, which describes the relationship between meaning and grammar, means composition and arrangement. The current linguistic studies have ensured the magnificence and accuracy of this theory. According to this theory, grammar meaning is arising from the choice of word and grammatical elements. The relation between words in the sentence is explained as a construction. According to al-Jurjānī, grammar is the result of various language skills beyond the distinction of truth and error. This comprehensive language understanding, which evaluates the grammar from a different point of view, has started as of Sībawayhi (d. 180/796). The Arabic linguistic studies from the early period are characterized by taking care of both form and meaning, in addition to semantic.Term of the syntactic connection is one of the basic concepts, which al-Jurjānī focuses on while explaining views on grammar. He gives much importance to the method of linking words and to the way they join each other to form sentences. The syntactic connection is an interaction between words and grammatical meanings. In this process, the mechanism of affixation and association occur between the elements of sentence. The term affixation refers to direct connection relations of the elements of sentence, while the term association refers to indirect relations. This term used to describe the grammar structures, is also closely related with the meanings of the words. The basic sentence in classical Arabic consists of the musnad and the musnad ilayhi. In the Arabic language, besides the basic elements of the sentence, other units are important as well. These units work together to express a central idea that may be further developed or refined by other elements. The factor, which determines the function of a word in the sentence, is the place of word. In this context, the linguistic studies carried out within the syntactic connection will make an important contribution to language teaching.The other thing in the context of the syntactic connection is the terms of “deep and surface structure”, which are the basic concepts of the transformational grammar theory developed by Chomsky. While the deep structure consists of simple sentence structures, the surface structure is composed of sentences. According to the transformational grammar theory, the deep structure is an important factor for determining the meaning. They draw attention to the mental side of the language. It is because the language is a phenomenon, which produces unlimited sentences with limited elements. In this form, the language cannot be explained by a mechanical interpretation. The language should be examined in the light of human dynamics. The competence and performance are the cause of the emergence of deep and surface structure terms. The purpose of the word is effective in determining the structure of speech. The target language is to express unlimited meanings with limited words. Classical Arabic grammarians have introduced the idea of transformation to Arabic grammar – though they may not know this term. The Arabic grammarians have talked about preposing, postposing, deletion, increase and interpretation, which used and developed by Chomsky. Transformational grammar theory has produced a new paradigm in grammar. This theory is widely discussed among modern linguists. The term grammatical coherence is a new terminology used by the modern linguists for definition of sentence structure. This term, which shows evidence and relation between both things, is divided into two namely: verbal and semantic coherence. When the definitions of grammatical terms in the classical grammar sources, it is possible to see the emphasis of the grammatical coherences. This language understanding, which tries to substitute the inflection theory, aims to bring innovations in sentence analysis. The linguists point to the importance of this theory, which bring a new perspective in understanding the Arabic grammar. Tammām Ḥassān (1918-2011) attempts to link the grammatical coherences with ‘Abd al-Qāhir al-Jurjānī’s theory of semantic formation and its relationship to linguistic analysis. Tammām Ḥassān, likened to Sībawayhi, is regarded as one of the most important representatives of the innovative language understanding with his theory. According to him, the system of language, which provides a framework to shape man's thinking, is constituted by three subsystems: phonetics, vocabulary and grammar. Grammar may be defined as a system of word changing and other means of expressing relations of words in the sentence. In this context, the concepts of syntagmatic and paradigmatic structure are important to understand the general structure of languages. According to linguistics, grammar should study both paradigmatic and syntagmatic relations of sentences. The syntagmatic structure refers to the relationship between language units depending on the language system in the language. The relationship network between words that belong to the same semantic field is called paradigmatic structure. The paradigmatic structure provides similar criteria for all languages. Such approaches that introduced by linguistics, provides significant contributions to language learning. The modern linguistic studies have made the sentence a starting point to clarify the linguistic structures and relations to achieve the sound linguistic communication. A sentence is the largest unit in a language described by grammar. (shrink)

Abū Ishāq al-Ṣaffār was one of scholars of the Western Qarakhānids’ period who followed the Kalām thought of al-Māturīdī (d. 333/944). His theological works Talkhīs al-adilla and Risāla fī al-kalām, his method in kalām, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Ṣaffār is a respected and authorative Māturīdī theologian. The article focuses on his defense of the kalām. By adding a long introduction to Talkhīs about the naming, importance, and religious legitimacy of the science (...) of kalām, Saffār asserted that the kalām should be learned. When systematical vindication of the science of kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the kalām among Ḥanafī-Māturīdīs. Even though he does not state its systematic, it can be understood that vindication of kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation. Al-Ṣaffār’s defending the science of kalām shows that there were opposite thoughts against kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- SUMMARY: Abū Ishāq Ibrahīm b. Ismāil Zāhid al-Ṣaffār al-Bukhārī is a scholar belonging to the Ḥanafī theological tradition which was improved by the contribution of Ḥanafī theologians who used thinking system of Abū Ḥanīfa (d. 150/767) as base and adopted Abū Manṣūr al-Māturīdī (d. 333/944) and his thoughts in historical process. The contents of his theological works Talkhīs al-adilla li-qawāʿid al-tawḥīd and Risāla fī al-Kalām, the method that he used, and references to his works made by Ottoman and Arab scholars indicate that he is an important Māturīdī theologian. The article focuses on his defense of the science of Kalām. -/- In Talkhīs al-adilla, there are two sections including the subject of naming, and importance and necessity of Kalām discipline. Here, the necessity of learning Kalām and its value are defended in detail. -/- Besides, rumors “Abū Ḥanīfa turned away from the science of Kalām in his doomsdays” and that “He prohibited to make occupation with Kalām completely” are evaluated. -/- When systematical vindication of the science of Kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the Kalām among Ḥanafī Māturīdīs. Even if Abū Manṣūr al-Māturīdī, Abū al-Yusr al-Bazdawī (d. 493/1100) and Abū Muʿīn al-Nasafī (d. 508/1115) defend that the science of Kalām is not wrong for religion; yet, the vindication of Kalām does not take a place under a separate title and in a detailed manner in any of Māturīdī theologians works. -/- The method that al-Ṣaffār used when he is defending the science of Kalām, differs from strategy of Abū Ḥanīfa. While Abū Ḥanīfa has mentioned that there is a need for the science of Kalām under these new circumstances, al-Ṣaffār has defended theologians who were charged with being Ahl al-Bidaʿ, by trying to prove that the prophets especially the Prophet Ibrāhīm, even the Companions of the Prophet Muḥammad (Ṣaḥāba) and the Successors of the Companions (Tābiʿūn) scholars use their minds and make arguments in religious matters. In this respect, he emphasizes that the Qurʾān orders to think and discuss gently, not to be stay in silence: “And dispute with them, using what is best” (16.125-126). Therefore, he states that this discipline which took a mission to explain and defend the creed of Islam (ʿaqīda), cannot be characterized as an innovation (bidʿah) or illicit. -/- His vindication method can be defined as a more developed type of method that Abu’l-Ḥasan al-Ash’arī’s (d. 324/935) used in Risāla fī istiḥsān al-khawḍ fī ʿilm al-kalām. Even though he does not state its systematic, it can be understood that vindication of Kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation: -/- a) Explanation: Explaining the necessity and importance of the science of Kalām by giving information about its definition, names, value and place among other principles. -/- b) Demonstration: Revealing the religious basics of the science of Kalām from the Qurʾān, the Sunna of the Prophet Muḥammad, the Companions of the Prophet, and the Successors of the Companions thus specifying that it is legitimate for religion. -/- c) Refutation: Replying the claims having aim to weaken the value of Kalām principle and its religious legality. -/- Al-Ṣaffār describes ‘the science of Kalām’ as ‘Knowing the Real with the evidences which help to reach the absolute information’. By allocating the concept of 'Ḥaqq', he repeats the definition of Kalām as “it is to know God with certain evidences” in a part of his work, and “it is to know the principles of religion (uṣūl al-dīn) with certain evidences” in another part. He describes Kalām as “Knowing ḥaqq / God / uṣūl al-dīn by depending on evidence”, and tries to prove that it is wrong to consider a science which performs the stated duty, as illicit and abominable and thus turn away from it. -/- Al-Ṣaffār thinks that it is right to call this principle as ‘Kalām’ because of the certain evidences leading to the truth that this science has used. This thought was defended by other theologians as well. -/- For example, according to Saʿd al-Dīn Masʿūd al-Taftazānī (d. 792/1310) it seems like to say “This is the word (kalām), not the other knowings” by the way of the power of evidences used in Kalām.Thus, it is appropriate to give name Kalām for this science which based on certain evidences. -/- Al-Ṣaffār’s explanations revealed in scope of vindication of the Kalām are adopted by some of following scholars. Ḥusām al-Dīn al-Sighnāqī (d. 714/1314) in his book called al-Tasdīd sharḥ al-Tamhīd fī qawāʿid al-tawḥīd quotes Saffâr’s explanations as the same. -/- Al-Ṣaffār indicates that the method told in the Qurʾān is to reply questions about religion, beliefs and rejection instead of remaining in silence. The duty taken on by Kalām is this vindication activity performed by the prophets whose examples are described in the Qurʾān and which is legal and demanded. His way of thinking and vindication of the Kalām resembles that of Abū Manṣūr al-Māturīdī. Al-Māturīdī says, “Prophets and we were ordered to invite infidels to Islam. When this invitation happens, the respondents will ask for evidence and explanation, and discussion will be inevitable. Therefore, discussing and talking about subjects of Kalām is not objectionable”. -/- Thoughts of al-Māturīdī and al-Ṣaffār regarding the vindication of the Kalām were repeated by Nūr al-Dīn al-Ṣābūnī (d. 580/1184), and Fakhr al-Dīn al-Rāzī (d. 606/1210) later. According to al-Ṣābūnī, the evidences put against deniers and especially the discussion made by the Prophet Ibrāhīm to defend his own belief, prove the legality of Kalām discipline. Likewise, according to al-Rāzī, the duty of Kalām is just an activity performed already in the Qurʾān and ordered to the prophets. At this point of view, since the prophets were leading to Kalām, banning this activity is nonsense. -/- According to al-Ṣaffār, the reason for why Abu Hanifa avoids his son Hammād from these discussions is that Abu Hanifa does not like discussions based on obstinate. Otherwise, it cannot be that Abū Ḥanīfa prohibits to learn Kalām and make discussion about Kalām. According to him, this behavior of Abū Ḥanīfa results from that people discussing with him are ignorant about the subject of Kalām, discussion turns to an obstinate, and coming to an end of discussion seems impossible. This comment of al-Ṣaffār is quoted in Miftāḥ al-saʿāda wa-miṣbāḥ al-siyāda by ʿIṣām al-Dīn Aḥmed b. Muṣṭafā Tashköprüzāde (d. 968/1561) and in Minaḥ al-rawḍ al-azhar fī sharḥ al-Fiqh al-akbar by ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1606) as same as his words. -/- Al-Ṣaffār’s defending the science of Kalām shows that there were opposite thoughts against Kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania.In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of Kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists (fuqahāʾ). Because some of the Ḥanafī jurists thought that Abū Ḥanīfa forsook occupation with the science of Kalām and even he prohibited his son to have interest in this discipline. But some of Ḥanafī theologians such as al-Māturīdī, al-Nasafī and al-Ṣaffār protested this thought which describes Abū Ḥanīfa as a banner for Kalām. -/- His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- His book Talkhīs al-adilla li-qawāʿid al-tawḥīd is a unique source in terms of containing vindication of the Kalām in detail and also influencing the approaches of the next period scholars. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

Muhammad Abed Al-Jabri is a famous philosophical and scientific figure in contemporary Arab thought. He is the author of the philosophy of "the Arab mind" and "the criticism of the Arab mind." He tried to establish his theory of looking at the ancient Arab heritage and modern Arab thought. He also tried to view them according to the critical vision criteria, which he laid the methodological foundations for in his essential philosophical writings, especially in the critique of the Arab (...) mind trilogy. In this study, I seek to analyze and study various aspects of his analytical and critical approach towards Al-Ghazali and his theoretical creativity. As well as revealing the specificity of his position on the intellectual path of Al-Ghazali himself, based on the sequence of his books, Al-Jabri considered Al-Ghazali's personality as a large and complex problem, so that It is challenging to define entirely and accurately. However, this does not exclude him from the possibility of defining the criteria of science in general and philosophy in particular. In this research, I tried to reveal that the position of Al-Jabri himself represents in some sense the continuation of the problematic and complexity of Al-Ghazali himself. Al-Jabri raised more problems than the answer to them. And the controversy remains and is getting stronger. The research into the personality and works of Al-Ghazali seems to have been and will remain for a long time due to the problematic character of Al-Ghazali himself, the diversity and differences of his intellectual, creative writing, and his tortuous nature. Hence, this study constitutes a contribution in this field. (shrink)

Ancient Arabic literature dealt with linguistic sciences such as sarf, nahiw, belagha and Islamic sciences such as fıqh, hadith and tafsîr. This is known to the elite and the common people. But what is hidden and forgotten is that Arabic literature also includes the foundations and rules of modern sciences such as sociology and economics. Among the ancient Arabic literature is the writing of Maqamat, which holds an important position among the masterpieces of Arabic (...) literature. For this reason, it is important to study the writing of Maqamat from the perspective of the various disciplines of Islamic sciences and modern sciences. This study deals with fıqh and economic issues within the framework of Al-Hariri’s famous book, Maqamat. The aim of the study is to reveal the fıqh and economic aspects of Makamat writing through Hariri's Makamat as an exemplary study. The approach followed by the study is to select three maqama from Al-Hariri’s book, which contained fifty complete maqama, and to search for what is in them of fıqh and economics. Accordingly, the study includes three main headings, and in these three headings, fıqh, farâid (inheritance law) and economic issues are discussed, respectively. Although the science of farâid (inheritance law) is a branch of fıqh, it is singled out for mention independently because it has its own rulings. The study examined the jurisprudential aspect of the Maqamat in the thirty-second maqama called “the Tayyibi Maqamat,” the aspect related to the science of farâid in the fifteenth maqama called “the Faradiya Maqamat,” and the economic aspect in the forty-ninth maqama called “the Sassanid Maqamat.” The method followed by Hariri in her book is to present the issues in the form of stories through two fictional characters, Haris bin Hammam and Abu Zayd, whom she chose as mirrors reflecting the two opposing identities of the society. Abu Zaid appears in different forms and in various clothes. He sometimes appears as a beggar who deceives and a thief who betrays, and at other times as a preacher who advises and a scholar who guides. Rather, he is an imaginary character that Hariri put in place. Wherever he went, he met Al-Harith bin Hammam and the strange and adventurous incident begins, or he appears as a person from whom Al-Harith narrated the incident and the story. Harith is the person who always warns his against bad things, orders his to do good, and sometimes condemns his if he does evil. The results obtained in the study are, first of all, the determination that the Makâmât writing deals with the subjects of the science of fiqh as in the thirty-second makama and the subjects of the science of farâid (inheritance law) as in the fifteenth makama and the subjects of economics as in the forty-ninth makama. It is seen that some of the principles put forward by Adam Smith years later were also present in the Maqamat literature centuries ago. The fact that fiqh views are according to the Shafi'i sect shows that the Shafi'i sect was widespread in the region at that time. Additionally, as can be understood from the forty-ninth makama, there is also a profession of begging in the society where Hariri lives. The study also reveals the society's interest in, submission to, and acceptance of moral principles at that time, and shows that the Arabic language reached its peak during this period. (shrink)

This monograph explores the logical systems of early logicians in the Arabic tradition from a theoretical perspective, providing a complete panorama of early Arabic logic and centering it within an expansive historical context. By thoroughly examining the writings of the first Arabic logicians, al-Fārābī, Avicenna and Averroes, the author analyzes their respective theories, discusses their relationship to the syllogistics of Aristotle and his followers, and measures their influence on later logical systems. Beginning with an introduction to the (...) writings of the most prominent Arabic logicians, the author scrutinizes these works to determine their categorical logic, as well as their modal and hypothetical logics. Where most other studies written on this subject focus on the Arabic logicians’ epistemology, metaphysics, and theology, this volume takes a unique approach by focusing on the actual technical aspects and features of their logics. The author then moves on to examine the original texts as closely as possible and employs the symbolism of modern propositional, predicate, and modal logics, rendering the arguments of each logician clearly and precisely while clarifying the theories themselves in order to determine the differences between the Arabic logicians’ systems and those of Aristotle. By providing a detailed examination of theories that are still not very well-known in Western countries, the author is able to assess the improvements that can be found in the Arabic writings, and to situate Arabic logic within the breadth of the history of logic. This unique study will appeal mainly to historians of logic, logicians, and philosophers who seek a better understanding of the Arabic tradition. It also will be of interest to modern logicians who wish to delve into the historical aspects and progression of their discipline. Furthermore, this book will serve as a valuable resource for graduate students who wish to complement their general knowledge of Arabic culture, logic, and sciences. (shrink)

In this paper, I attempt to read the poetic principle behind the Tammuzi movement of modern Arabic poetry through the lens of speculative poetics. While speculative-poetic accounts of modern poetry, such as those provided by Allen Grossman, blazed new paths connecting poetry to personhood in modernity, their application to the development of modern poetry outside of Europe remains limited by their self-avowed focus on European history. This paper will outline a critical corrective to speculative poetics which, (...) I argue, can be of value in extending its domain of application to Arabic projects of poetic modernity, particularly the two tendencies of "free verse" and "commitment" poetry that emerged out of the Tammuzi movement. (shrink)

Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al-Ta‘līḳa is his famous work, which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning), taqlīd (acting upon the word of another without asking for specific proof), ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and detailed (...) works of uṣūl al-fiqh (Islamic legal theory) that belonged to the Khurāsān Shāfi‘ī School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about uṣūl al-fiqh and formed the basis of this period is essential to follow the development of uṣūl al-fiqh of the Khurāsān Shāfi‘ī School. Transfer of the uṣūl al-fiqh in al-Qāḍī Ḥusayn al-Marwarrūdhī’s al-Ta‘līḳa make it possible to determine the literatüre, which was formed in Khurāsān region in the period from the death of Shāfi‘ī to the first half of the V./XI. century until the first half of the Khurāsān region, which allows the determination of the uṣūl al-fiqh. In this study, on the basis of ijmā‘, al-Qāḍî Ḥusayn al-Marwarrūdhī’s method in al-Ta‘līḳa will be examined.Summary: Al-Qāḍī Ḥusayn al-Marwarrūdhī is considered to be one of the most important representatives of the Khurāsān Shāfi‘ī School. In addition to receiving fiqh education from al-Qaffāl al-Marwazī, who is accepted as the founder of the Khurāsān Shāfi‘ī School in Shāfiʿī fiqh circles. Al-Qāḍī Ḥusayn, one of the most distinguished students of al-Qaffāl al-Marwazī, has become one of the important bearers of the fiqh heritage of Khurāsān Shāfi‘ī School. The fact that the epithet “el-kāḍî” is used in the works of Khurāsān Shāfi‘ī School to absolutely refer to al-Qāḍî Ḥusayn, is another issue that shows his being authority on fiqh. Al-Qāḍī Ḥusayn al-Marwarrūdhī has accomplished many works in the field of fiqh. The most famous and most important work of al-Qāḍī Ḥusayn is the al-Ta‘lîḳa, written according to the Mukḫtaṣar arrangement style of al-Muzanī. He is often cited as the author of the well-known work al-Ta‘lîḳa in the sect. Al-Ta‘lîḳa, commonly cited in fiqh studies to refer to the views of al-Qāḍī Ḥusayn, is one of the first commentary on Mukḫtaṣar by Muzanī. With these characteristics, al-Ta‘lîḳa is one of the outstanding manuscripts for exploring the fiqh legacy of the Khurāsān Shāfi‘ī School. Another important feature of this text is that uṣūl al-fiqh issues such as ijtihād, taqlīd, ijmā‘ and view’s of the companions of the Prophet (qawl al-ṣaḥābah) have been covered in the introduction of the work. Al-Qāḍī Ḥusayn discusses the issues of evidentiality and types of ijmā‘ and ijmā‘ of ṣaḥābah in the chapter on ijmā‘ in al-Ta‘lîḳa. Al-Qāḍī Ḥusayn also handles the debates on view’s of the companions of the Prophet in the section on ijmā‘ of ṣaḥābah. It is also seen that the proofs proposed for evidentiality of ijmā since Shāfiʿī’s period became more versatile and differed. The fact that the arguments al-Qāḍī Ḥusayn cites in the chapter of the evidences of ijmā‘ were also mentioned by his contemporary, al-Māwardī, an Iraqi Shāfiʿī jurist, points out the accumulation of knowledge in terms of proofs of ijmā. Al-Qāḍī Ḥusayn makes two related distinctions that are fundamentally related to the types of ijmā. The first is the division between ijmā supporters, those who argue for knowability of ijmā, and their opponents. According to this, ijmā is divided into two parts as ‘āmm (general public) ijmā‘ and khāṣṣ (scholars) ijmā‘. Opposition to ‘āmm ijmā‘, such as fardhs (obligations) in prayer, rawātib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qāḍî Ḥusayn, who considers issues such as ‘awl (a sharing method in Islamic inheritance law), mut‘a marriage (a type of temporary marriage) and riba’l-faḍl (interest in exchange or sale transactions) which are seen as controversial ijmā‘ issues in literature, as khāṣṣ ijmā‘ and evaluates opposition to this type of ijmā‘ as fisq (impiety). The second division al-Qāḍī Ḥusayn makes is between ijmā‘ based on the text and apparent comparison, and the ijmā‘ based on hidden comparison. Al-Qāḍī Ḥusayn thinks that the opposition to ijmā‘ that is based on ijtihād or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijmā‘ as a provision on an equal basis and to reduce the distinctions of ijmā‘ to literary level. Al-Qāḍī Ḥusayn also discusses evidentiality of qawl al-ṣaḥābah in connection with the issues of ijmā‘. Al-Qāḍī Ḥusayn opposes the thesis that ijmā‘ is only limited to companions’ era and argues that it can be realized in any century after the Prophet. Al-Qāḍī Ḥusayn, who discusses ṣaḥābah’s ijmā‘ under two categories: the views of ṣaḥābah that have gained prevalence among other ṣaḥābahs and those that have not gained prevalence among other companions, argues for evidentiality of qawl al-ṣaḥābah, which have gained prevalence and known not to be opposed. He provides significant information on ijmā‘ discussion in Shāfi‘ī fiqh methods with regard to the evidentiality of this type of qawl al-ṣaḥābah, which is referred ijmā‘ al-suqūtī (consensus based on lack of opposition-silence). The knowledge al-Qāḍī Ḥusayn cites with regard to the evidentiality of qawl al-ṣaḥābah which have not gained prevalence among other ṣaḥābahs differs from Māwardī, one of his contemporary, and his predecessors. The fact that he cites Shāfi‘ī’s previous and latest views with regard to the state of such qawl al-ṣaḥābah in the face of qiyās (legal analogy) enables him to make comparison using uṣūl material available in his era. Al-Qāḍī Ḥusayn, who mentions debatable issues among ṣaḥābah, makes controversial narrations. While al-Qāḍī Ḥusayn reports that there is not any conflict on the argument that it is legitimate to express a third view with regard to issues on which ṣaḥābah is divided in two groups and fall into conflict, his contemporary al-Māwardī and other Shāfi‘ī jurists report that it is not legitimate to propose a third view on such an issue as there is ijmā‘ on these issues. (shrink)

: The founder of Wahhabism, Muḥammad ibn ‘Abd al-Wahhāb, is on the side of those who advocate that ijtihād’s gate is open. In his thought, the continuity of knowledge about the truth is based on the sustainability of ijtihād, and in every period, there have been mujtahids to interpret the nass in consistent with the issues. The later scholars have developed the thoughts related to ijtihād on this platform. Wahhābī thought does not describe madhhab as a systematic integrated approach. According (...) to them, the madhhab is the ḥukm that were made within the discretion of mujtahids on the basis of nass on the issues open and free to ijtihād. With this approach, they have tried to explain what refers to the word of “Our madhhab is the one of Ahmad ibn Hanbal ”. It has been suggested that this acknowledgment does not mean taqlīd that the words of madhhab imāms are replaced with the Qur’ān and Sunna just as some other members of madhhab do so. Either Muḥammad ibn ‘Abd al-Wahhāb or his disciples have based their own opinions of such as ijtihād, madhhab, taqlīd, ittibā and ikhtilāf upon the proofs that Ḥanbalī Madhhab, Ibn Taymiyya and Ibn Qayyim used. Our aim in this study is to determine how the issues regarding such as ijtihād,taqlīd, madhhab, ikhtilāf, etc. were examined in the primary sources that formed Wahhābī thought. In the early period Wahhābī sources, it is not possible to find definitions of Islamic law in technical terms. Topics have been dealt with within the framework of the answer to a problem/fatwā or a criticism. For this reason, our method will be based on reaching a conclusion about "The Status of Ijtihād in the Early Period of Wahhābī Thought and The Meaning of Commitment to a Madhhab on Fiqh." in the light of the opinions of the first period thinkers. Summary: The connection and similarity of the Wahhābī movement, which started in the Islamic world at a time close to the time when the reform ideas appeared, have been hesitantly welcomed for a few reasons. The fact that members of the Wahhābī movement are intolerant in terms of reform in people’s beliefs, and they use the concept of takfīr, are chief among these reasons. Another reason is that Muḥammad ibn ‘Abd al-Wahhāb does not accept any religious discipline and individual as an authority. The reactions and discourses developed by Wahhābī thinkers against the established practices of faith, ijtihād, taqlīd and denominationalism has brought many objections and criticism. The founder of Wahhabism, Muḥammad ibn ‘Abd al-Wahhāb, is on the side of those who advocate that ijtihād’s gate is open. In his thought, the continuity of knowledge about the truth is based on the sustainability of ijtihād, and in every period, there have been mujtahids to interpret the nass in consistent with the issues. According to him, in a number of controversial cases where no right path has been declared in the naṣṣ, all the efforts of a believer should be focused on understanding the command of God and his messenger and act accordingly. Muḥammad ibn ‘Abd al-Wahhāb does not seek the condition of being a mujtahid to understand the Qur’ān and the sunna. He therefore opposed those who claimed that it is imperative for non-mujtahids to taqlīd a madhhab to understand the provisions of religion. According to him, everybody who has the ability to understand the Qur’ān and the sunna must make ijtihād. Blind allegiance to man-made law against the teachings of God and the Qur’ān is a type of shirk. Fuqahā’ are human and not infallible. The ‘ulamā’ that followed also developed their thoughts about ijtihād and taqlīd on this ground. The Wahhābīs say that they do not completely reject the taqlīd of the ‘ulamā’, but what they do not accept is no one, except the absolute mujtahid, can perform ijtihād. Differentiating ittibā‘, which means accepting an opinion based on evidence, from taqlīd despite the evidence, the Wahhābī ‘ulamā’ have defined the criteria of issuing or accepting a fatwā as performing ijtihād and ittibā‘ to those who have evidence of the Qur’ān and the sunna, or to the remarks of the scholars who are eligible for the Qur’ān and the sunna. According to the Wahhābīs, neither ijtihād nor taqlīd on the issues of ‘aqā’id is permissible in religion. The individual must learn what God and His messenger commands and forbids in terms of ‘aqā’id and worshipping. Ibn ‘Abd al-Wahhāb accepts that taqlīd in furū‘ al-fiqh is permissible in absolutely necessary situations such as not being able to reach sources from various views, and not having the time to evaluate these sources. According to Muḥammad ibn ‘Abd al-Wahhāb, the notion that the dispute of ‘ulamā’ is a blessing is superstitious. According to him, the alliance and agreement of ‘ulamā’ is a deed, and their unity is a blessing. Despite this, the way to be followed in a matter of dispute is not in the madhhab views but the presentation of the matter in the Qur’ān and the sunna. Defining the field of dispute, Muḥammad ibn ‘Abd al-Wahhāb said that the predecessor and the successor disagreed in the matters of furū‘ al-fiqh that were not declared in the naṣṣ; and in such affairs, the duty of the believer is to investigate what is the covenant of God and His messenger, and to show respect for the ‘ulamā’ even if it is mistaken. However, according to him, showing respect to the ‘ulamā’ is not saying ‘’they know better than us’’ despite the presence of evidence in matters of dispute. Wahhābī thought does not describe madhhab as a systematic integrated approach. According to them, the madhhab is the ḥukm that were made within the discretion of mujtahids on the basis of naṣṣ on the issues open and free to ijtihād. With this approach, they have tried to explain what refers to the word of “Our madhhab is the one of Aḥmad ibn Ḥanbal ” It has been suggested that this acknowledgment does not mean taqlīd that the words of madhhab imāms are replaced with the Qur’ān and the sunna just as some other members of madhhab do so. Muḥammad ibn ‘Abd al-Wahhāb and his followers emphasize in many places the movement is not a fifth and a new madhhab, they are members of the Ḥanbalī madhhab and they do not direct anyone to any organization in the form of fiqh, kalām, or ṣūfī. However, they say that madhhabs are not religion, and even if a new madhhab is aimed, this is not a problem. Although an emphasis of being part of the Ḥanbalī madhhab is made without sectarian fanaticism, it is stated that it is imperative to take the views of other madhhabs where the evidence is strong. With the emphasis of being part of the Ḥanbalī madhhab, they support their discourse of not being a new madhhab. However, the general description of the Ḥanbalī madhhab has a stricter approach regarding the way of accepting and using mental and transitional evidence than the other madhhabs. Accordingly, the Wahhābīs are described by a stricter version of the description. Muḥammad ibn ‘Abd al-Wahhāb used their methodology to arrive at judgments instead of taking the specific provisions of the madhhabs, and accepted the adoption of provisions and refused bigotry and the madhhabs are authorities almost equal to God. The Qur’ān, the sunna and ijmā‘ were accepted as the primary authorities and the four madhhabs were not denied as long as they were not contrary to majority of Muslim community. The Wahhābīs, who follow Ibn Taymiyya on the matter of practicing according to a judgment of another madhhab in the presence of evidence, believe that changing a madhhab without any reason or for worldly reasons is not permissible in religion. Although the Wahhābīs do not display a clear attitude on denying madhhabs, they have developed a supra-madhhabs approach with the thoughts of direct access to the ḥukms and accepting the ḥukm of any madhhab as long as the ḥukm is in accordance with the evidence. As a matter of fact, one of the criticisms made in this respect is that they take the views from other madhhabs that suit them, and reject the others. The Wahhābī ‘ulamā’ of the first periods shaped their opinions on issues such as ijtihād, taqlīd, madhhab, ittibā‘, and ikhtilāf, based on the evidences used by the Ḥanbalī madhhab, Ibn Qayyim and especially Ibn Taymiyya. For this reason, it is not possible to say that they have a thought system of their own. Taking this fact into consideration, it seems possible to collect the approach of the method of almost all Wahhābī thinkers in issues that are the subject of this article under three items. First, the necessity of those with strength and ability to perform ijtihād to understand religious provisions; second, solving issues of dispute based on the Qur’ān and the sunna; and third, the presence of evidence overruling any kind of madhhab view. (shrink)

This study seeks to explore the major errors that frequently emerge when novice translators translate technical texts, namely legal documents released by the Department of Lands and Survey in Jordan. The goal behind this investigation is to improve legal translation training, develop students’ drafts based on the types of their mistakes, and deliver a message to curricula designers in the field of legal translation. To this end, 20 Jordanian novice translators (MA students) are chosen from two private universities to translate (...) three legal documents from Arabic into English. The main findings revealed that different problems emerged, namely the participants’ inability to translate near-synonym technical terms, grammatical problems, and stylistic problems at both lexical level and sentence level. These findings are hoped to be insightful for both learners and teachers. A number of pedagogical recommendations are proposed by the researchers to develop learners’ competence and reach a professional level and open the venue for trainers to achieve advances in the quality of the target text and in the translation teaching–learning process. (shrink)

The year 1492 is only the last in a series of “ends” that inform the representation of medieval Spain in modern Jewish historical and literary discourses. These ends simultaneously mirror the traumas of history and shed light on the discursive process by which hermetic boundaries are set between periods, communities, and texts. This book addresses the representation of the twelfth and thirteenth centuries as the end of al-Andalus (Islamic Spain). Here, the end works to locate and separate Muslim from (...) Christian Spain, Jews from Arabs, philosophy from Kabbalah, Kabbalah from literature, and texts from contexts. The book offers a reading of texts that emerge from its Andalusi, Jewish, and Arabic cultural sphere: Maimonides’ Guide of the Perplexed; the major text of Kabbalah, the Zohar; and the Arabic rhymed prose narrative of Ibn al-Astarkuwi. The author argues that these texts are written in a language that disrupts the possibility of locating it in a pre-existing cultural situation, a recognizable literary tradition, or a particular genre. At stake are issues – texts and contexts – that have gained particular urgency in the writings of such recent thinkers as Walter Benjamin, Jacques Derrida, Giorgio Agamben, Jean-Luc Nancy, and Avital Ronell. The book reads the place and taking place of language, interrogating the notion of disappearing contexts and the view that language is derivative of its true place, the context that, having ended, is mourned as silent and lost. (shrink)

There are two widely accepted definitions of ilm al-tafsīr in the hāshiyahs on Anwār al-Tanzīl. The most accepted ones are as follows: Tafsīr is the science that investigates the states of the word of Allah in terms of signifying the will of Allah. This definition mainly belongs to al-Taftāzānī in his hāshiyah on al-Kashshāf. Despite the objections directed to it, the definition was accepted in the later phases and there were not any detailed discussions on it. From this point of (...) view, it can be concluded that there is a common tafsīr definition in Anwār al-Tanzīl hāshiyahs due to the fact that the majority concurred with this definition. The prevalence of this definition is also out of the question for al-Kashshāf hāshiyahs. Its prevalence in the following literature may be attributed to its implementation in accordance with the definition requirements. Because in the definitions made based on the subject, the subject is regarded as genus, and how this subject is addressed is also considered as a difference (fasl). Accordingly, in the above definition, the subject of the tafsīr is explained as the states of Kalam, and the direction in which it is addressed is expressed in terms of the will of Allah. Thus, the subject of tafsīr and its research direction were explained and its difference from other sciences researching the Qur’ān was also stated. According to the second most widespread definition in the hāshiyahs, tafsīr is a science in which the meanings of the Kalam of Allah are known in terms of human capacity/capability. This definition is more or less a description (rasm) compared to the previous one. Hence, it is a looser definition. For this reason, the definition does not allow tafsīr to be separated from other sciences. Because, the meanings of words in the Qur’ān, language sciences and religious sciences are also explored. However, in the other definition, the difference of tafsīr was taken into consideration by including the directional record and the will/intent expression more quickly. On the other hand, the second definition has a limitation of being based on human capacity/capability that reveals some features of the tafsīr more clearly. This limitation expresses that the research in tafsīr is based on suppositional data in one way and continuity in another. Both definitions in the hāshiyahs show that there are clear and common definitions of ilm al-tafsīr between the hijri 9th and 12th centuries. It is stated that with a few exceptions, in almost all of the hāshiyahs, the ilm al-tafsīr is divided into two parts as tafsīr and ta’wīl. The tafsīr here is based on narrative, and ta’wīl is based on reason. Explanation of both of them in this way can be seen in al-Kashshāf. Accordingly, it is understood that both concepts become evident in al-Kashshāf and Anwār al-Tanzīl hāshiyahs. However, when we look at some tafsīr introductions, and literature of ulūm al-Qur’ān, it is observed that vastly different explanations have been made about them. This gives the impression that there is no clear and widespread acceptance of them. However, by explaining as mentioned, their meaning becomes clear in the next literature. Because this explanation about them is essentially a statement that al-Māturīdī conveyed from his predecessors. Accordingly, an explanation about both concepts that was conveyed from the early period has gained acceptance and became widespread especially in the sharhs-hāshiyahs for the following process. Since al-Baydāwī associates both concepts with muhkam and mutashābih, the commentators also explained this relationship. They contain the definitions of the muhkam and mutashābih, which al-Baydāwī made in accordance with Shāfi‘ī method. Accordingly, muhkam are the ones that is clear in terms of what is meant, and do not need further explanation. Examples of muhkam are verses about shari‘a 'orders, inheritance distribution, transactions, and marriage issues. The provisions on these issues should be based on narrative, not reason. Thus, the explanation of muhkam becomes tafsīr. The mutashābih is interpreted since the meaning is not clear. In this case, their interpretation is also ta’wīl. The religious sciences that tafsīr benefits from are explained as being hadith, fiqh, theology, mysticism, and usūl al-fiqh, and this case expresses a general opinion. Literary sciences required for tafsīr are also described as glossary, derivation, morphology, grammar, bayān, ma‘ānī, and badī‘. However, there are two opinions about the knowledge of disciplines such as prosody, rhyme, qard al-shi‘r, khat, and inshā. According to one opinion, since these sciences are not related to the Qur’ān, it is not necessary to know them in order to interpret them. According to the other one, for a competent interpretation activity, these sciences must be known, and their data are thought to contribute to tafsīr. (shrink)

Theories of ethics that attempt to incorporate divine speech or commands as necessary elements in the construction of moral obligations are often viewed as vulnerable to a challenge based on the so-called Euthyphro dilemma. According to this challenge, opponents of theistic ethics suppose that divine speech either informs one of a preexisting set of values and obligations, which makes it inconsequential, or is entirely arbitrary, which makes it irrational. This essay analyzes some of the debates on the nature of divine (...) commands in eleventh-century works of Islamic jurisprudence. I show that Muʿtazilī jurisprudents advanced the view that divine commands were actions performed in time that had concrete manifestations, while Ashʿarīs argued that divine speech in general, and commands in particular, were eternal divine attributes. After exposing certain weaknesses in the Euthyphro-inspired objections to theistic ethics, I argue that the Ashʿarī idea of commands as divine attributes is a promising move for scholars interested in defending a divine command view of moral obligation. (shrink)

: The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the (...) topic, the Karaite scholar read widely – and adapted creatively – incorporating the methods of a variety of genres in Arabic, including uṣūl al-naḥw, uṣūl al-fiqh and even iʿjāz al-Qurʾān and combining them together with earlier Jewish and Karaite scholarly tradition to produce what seems to be the first comprehensive discussion of non-literal language in Judeo-Arabic. (shrink)

Muhammad Arsyad Al-Banjari who lived from 1710 to 1812 in Borneo, Indonesia, applied a model of integrating uses of the Banjarese tradition into Islamic Jurisprudence based on a dialectical constitution of qiyās, the legal argumentation theory for parallel reasoning and analogy, he learned from the Shāfi‘ī-school of jurisprudence (uṣūl al-fiqh). Our paper focuses in the model of integration proposed and practiced by Al-Banjari, a rational debate grounded on a dynamic view on legal systems. We will illustrate the method with (...) the help of two different kinds of qiyās deployed by Al-Banjari in order to argue for the rejection of some traditional Banjarese offering-rituals for avoiding disease or calamities (manyanggar and mambuang pasilih), and for the acceptance of the use of consuming the traditional drink called lahang made of the juice of sugar-palm. As our dialogical reconstruction shows, the development of the debates, particularly the first one, is quite sophisticated, with a Banjarese opponent that does not surrender easily to the rejection of his use of those rituals. (shrink)

The Philosophy and logic in Islamic thought, unlike Christian culture, developed uncensored and as a result of great demand. After the biggest translation movement in history, important components of Ancient Greek, Syriac, Persian, Jewish and Hindu cultures were transferred to Arabic. Kalam, which developed earlier in Islamic culture, has also been effective in understanding and accepting the philosophical content. In the beginning, translations were made in fields such as medicine, chemistry, astronomy and mathematics. Philosophy literature was also translated into (...) Arabic due to its close relationship with other sciences and the need to fill the "gaps" in Islamic culture. The philosophy of logic was also transferred to Arab culture in its Aristotelian form. Especially the great influence of Aristotle helped strengthen the thought of logic among Arab philosophers and some theologians. As with other translation content, the logic has been translated into Arabic without any censorship. Contrary to the thinkers of Christian culture, Islamic philosophers learned all the subtleties of logic in a free intellectual environment, and as a result, this fact created a way for them to make a unique contribution to the discipline of logic. Logic, as it has been transformed into Arabic elements in Islamic culture, has been influential in basic areas such as theology, language, fiqh and kalam. In this process, logic, which was handled intertwined with traditional philosophy, has progressed to become a refined thought, especially with the influence of the first great philosopher Fârâbî. Fârâbî is not only a great philosopher but also a great Islamic scholar, and these qualities enabled him to adapt logic to Arab culture and Islamic sciences from his Aristotelian roots. Fârâbî, just like Aristotle, wanted to use logic as a criterion of truth for philosophical fields. Fârâbî, who designed logic under two main headings such as concepts and judgments, adapted logic to Arab culture for Muslims in the reasoning process. This solid construction of logic not only strengthened philosophical thought, but also contributed to the later establishment of a solid structure in Islamic sciences. In this context, the understanding of Islamic philosophy and its transformation with the effect of logic require a close examination of Fârâbî's thought. In our article, we will briefly discuss the pre-Islamic origins of philosophy and logic, and on this plane, we will examine Fârâbî's contribution to philosophy of some basic issues such as God, the classification of sciences, and the philosophical dimension of logic and try to reveal his effects on Islamic culture from a general point of view. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

The Moroccan philosopher Taha Abderrahmane is one of the leading surviving philosophers of the Arab-Islamic world. His fields of study are issues such as logic, philosophy of language, moral philosophy and political theology. He built a holistic and versatile Islamic methodology in his works and formed a world of thought on the axis of trusteeship (divine contract and trust paradigm) and circulation tedavuliyya (pragmatic-word-action theory). Taha Abderrahmane has analyzed, criticized and constructed the Islamic thought tradition, which he handled with a (...) holistic view, with a versatile reference network. In addition, one of his most important contributions is that he put forward a moral philosophy in the Qurʾānic and prophetic axis. Taha Abderrahmane proved to be a prolific thinker with his thirty-five work consisting of ten thousand pages. He proposes a deliberative model of political communication in harmony with his theo-political writings and physical and metaphysical integrity. While this article aim to provide information on the main components of Abderrahmane’s paradigm of divine contract and trusteeship (i’timaniyya), essentially a theory of morality, such as political theology, linguistics, and negotiation ethics, it also tries to identify the Western references of these elements. In this context how the theory of speech acts that seems quite important in the field of modern social sciences and created by theorists such as John Searl and Austin was transformed by Taha Abderrahmane into an Islamic theory of speech is also subject to a comparative assessment. In addition, the possibility of the issue of negotiation ethics, which gained more importance with new communication theories in the West, in the axis of Islamic thought was questioned in the article. The article reviews how views on negotiation ethics are positioned by Taha Abderrahmane within the Islamic paradigm. Therefore, the article is limited in scope to Taha Abderrahmane’s references about the theories in the West. Taha Abderrahmane attempts to construct an Islamic Pragmatic or Islamic Theory of Verbal Action, with reference to Pragmatics or Theory of Speech Acts, which is a sub-branch of linguistics, but in line with principles specific to the Islamic paradigm. Taha Abderrahmane combined the Islamic concept of pragmatic with the concept of negotiation. The terms “praxis” and “praxeology [fiqh al falsafa]”, which define the framework of the Trust Paradigm and the Islamic Pragmatic Model proposed by Taha Abderrahmane, emphasize “deed” or, in other words, “action” and he is linguistically referencing the founding masters of the pragmatics field such as J. L. Austin and J. R. Searle. However, there are two other fields that constitute the main reference to his concept of praxis (action) and praxeology (action science). These are economics and philosophy. Praxeology is a scientific field that deserves to be mentioned especially with the economist Ludwig von Mises (1881-1973). According to Mises, the laws of the field about which physics, biology, and praxeology [mainly economics] provide information, are independent of human will. These are primary ontological facts that strictly limit the human power to act (Mises, 1998, 67). Taha Abderrahmane references western thinkers such as Ludwig von Mises, Jürgen Habermas, Chantal Mouffe and Hannah Arendt, as well as Islamic sources. However, the way he makes use of them takes place within the framework of criticism and analysis. He also refers to other personalities such as Jonas, Freud, Ellul, Putnam, Ricoeur and Rawls. While Taha Abderrahmane explains the process of turning words into action, he also draws on the Action Theory of Hannah Arendt (1906-1975), who was one of the children of Heidegger, such as Karl Löwith, Hans Jonas and Herbert Marcuse, and who was accepted as a real philosopher even though he rejected the title of philosopher during his lifetime. On the other hand, Taha Abderrahmane makes strong references to the basic dimension of Islam, such as “O believers! If you avoid opposing Allah; It gives you an understanding to distinguish good from bad (Al-Anfal, 8/29)” verse. He makes strong references to the supposed dimension of Islam, and in this context, he tries to create a praxis based on nature, especially based on the hadith known as nawāfil hadith. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Dār al-Funūn Theology founded in 1924 was a modern educational institution which adopted both traditional and modern approach to Islamic Sciences. The changes in the field of hadīth during the process of transition to the university caused a change in the definitions and the titles of the courses such as from hadīth al-sharīf and usul al-hadīth to hadīth and the history of hadīth and the time allocated to each course was gradually reduced. The preparation of the texts by (...) the teachers in the hadith history courses and their content will answer the question of whether there is a transformation in the field of hadīth in the early years of the Republic of Turkey. As a matter of fact, Izmirli İsmāʿīl Ḥaqqī’s History of Ḥadīth and Ḥuseyin ʿAvnīʿ Arapkīrli’s al-Buġya al-Hasîs fī Tārīh al-Hadīth which were written in this period, pioneered the studies based on the field of the history of hadīth in Turkish hadīth literature. In addition, these works are the main source in understanding the period. In this study, the mentioned works will be textually analysed through the induction method. Therefore, the subjects that would reflect the ideas of the teachers will be discussed. Thus, it will be tried to determine whether the courses of the history of hadīth are closer to tradition or modern ideas and, how the education of hadīth is practised.Summary: After the foundation of the Turkish Republic in 1923, the Faculty of Theology was opened at Istanbul University as a result of the abolition of madrasas issuing a law regarding to the Unification of Education announced in 1924. With the opening of this faculty, the education in the field of Religious Sciences continued its presence on a new foundation, which can be considered modern, until 1933. In this study, it was attempted to trace the courses of Ḥadīth and the History of Ḥadīth given in the Faculty of Theology at Istanbul University between 1924 and 1933. Firstly, a brief history of the courses will be given, and then it is among the purposes of this study to perform a textual analysis of the works written by the teachers of these courses. While doing this, Izmirli Ismail Hakkı's History of Ḥadīth, which was written as course notes and Huseyin Avni Arapkirli's al-Buġya al-Hasîs fī Tārīh al-Hadīth, which has not been known until discussed it this article for the first time, were focused on. These works are very important in terms of initiating the History of Ḥadīth literature. Furthermore, these are the first works in the field of hadīth in the Turkish Republic, and they are very important sources for revealing the ideological infrastructure of the period. To begin with, it is necessary to attract attention to the change in the course names and duration if there is a need to briefly mention the history of hadīth courses in University. In the universities founded before the opening of the Faculty of Theology, the courses were named as Ḥadīth al-sharīf and usul al-hadīth. Besides, these courses were included in the curriculum for four years, which constituted the duration of the education. In the university founded in 1924 after the proclamation of the Republic, the name was changed as Ḥadīth and the History of Ḥadīth. It is seen that the courses of Hadīth and the History of Hadīth were taught three hours a week for two years from the opening of the Faculty of Theology until 1931. From 1931 until 1933, when the faculty was closed, the courses continued to be given two hours a week. When the content of the works is viewed, it can be seen that Izmirli İsmāʿīl Ḥaqqī followed a historical system in his work History of Ḥadīth. Beginning the subject with the classification of sciences, Izmirli touches upon the topics such as the writing and codification of hadīths. Afterwards, he also deals with the methodology of in detail. He then mentions about the history of hadīth by Shiʿā and draws a general map of the history of hadīth as of the third century of the Islamic calendar. This work differs from the previous tradition of the education of hadīth in terms of including the Shiʿā’s the history of hadīth and especially of ahl al-raʾy’s understanding of the hadīth. In addition, the detailed discussion of hadīth practice in the work is significant in terms of showing that the content of the course did not only cover the history of hadīth.Moreover, it is observed that Izmirli touched upon controversial topics in his work such as the writing of hadīth, Bukhari's criticism and hadīth-history relation. However, Izmirli does not express his approach to these topics so clearly. In doing so, he hides his views between lines, using ambiguous statements related to the topics while trying to base the views on authority. For instance, he says that the hadīths were written on the special pages of the companions in the early periods when it comes to writing hadīths, which was one of the most important topics of the history of hadīth. Even though this gives an impression that the hadīths were written in the companion period, it is stated in the following explanations that the hadīths had not been gathered and written down in one place. Izmirli also says that they refer to the hadīths in the hearts of the companion. In another example, he mentions that there is no doubt about the accuracy of the narrations in Bukhārī's work. However, in the following pages, he states that there are narrators, who are not trustworthy, in Bukhārī's work and says Dāraqutnī's criticisms related to Bukhārī. When the aforementioned two examples are examined, it can be stated that Izmirli acted a bit more cautiously especially in controversial topics. When it comes to Ḥuseyin ʿAvnīʿ Arapkīrli, who starts his work with the classification of sciences as Izmirli does, it is seen that he discusses the part of practice much more briefly. Additionally, he gives more attention to Prophet Muhammad and companion period of the hadīth history. In his work, he also provides detailed information about the formation of the hadīth literature in the third century of the Islamic calendar and afterwards. When the issue is reviewed within the scope of the topics discussed by Ḥuseyin ʿAvnīʿ in his work, it is necessary to mention that the topics related to the history of hadīth were more dominant in the work. Unlike Izmir, he does not allocate much space to controversial topics in his work. However, it should also be noted that he partly touched upon some controversial topics such as hadīth -history relation and writing of hadīths. Ḥuseyin ʿAvnīʿ considers the history of hadīth as a sub-heading of history. Regarding the writing of hadīths, he states openly that the hadīths generally were not written down because of the possibility for them to be mixed up with the Qur’ān in the early periods, and this continued until the time of caliphate ʿÖmer bin ʿAbd al-ʿAzīz. Thus, it can be said that both writers, who applied different methods in their works, looked for a new method. However, it should be remembered that these names were a part of the Ottoman educational system and included in a new system together with their background. Consequently, the fact that they were somewhere between old and new. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Weeds: Cultivating the Imagination in Medieval Arabic Political PhilosophyMichael S. KochinAny reader of Plato’s dialogues in their entirety feels the constant tug of two very different solar motions. In the Laws the young field-legates (agronomoi) of the city move in a twelve-month cycle through each of the divisions of the city’s territory (Laws 760) in obedience to the law and the gods of the city. Socrates, too, moves (...) through the city, questioning each citizen about the beliefs concerning the virtues implanted by the city’s laws and myths. Socrates, like the field-legates, moves in “obedience” to the command of the sun-god Apollo, a command that Socrates claims to have received through the god’s oracle at Delphi.1 To live in the light of the sun of reason is only possible within a city totally ordered in imitation of heavenly order—so speaks the Laws.2 To follow the sun is to move in opposition to the shadows of artificial light that dominate all actual and even possible cities—so speaks the Apology and, more explicitly, the Republic.Our learned prejudices about these two solar motions lead us to divide Plato’s thought into periods of composition. Socratic heliotropy belongs to the dialogues of Plato’s earlier period, especially the earliest, the Apology, scholars believe; the city itself in seasonal motion belongs to the dialogues of Plato’s later period, and especially the latest, his Laws. The Republic, which describes the best city as an artificially lighted cave, whose inhabitants ought nonetheless to be ruled by the philosopher-king who has, at least momentarily, seen the sun, belongs to Plato’s middle period. [End Page 399]Whatever the merits of this family of readings as interpretations of Plato, 3 they use a scholar’s device to avoid coming to terms with a genuine tension. The two modes of solar motion represent two different modes of relating philosophy to politics, even under their modern guises of theory and practice. Either the philosopher is to bring the political into rational order, or he is to bring his own life into rational order against the disorders and deliberate confusions of the political. Either the philosopher is to weed the fields of the city of disorderly weeds, or he himself is a weed or, more politely, a wildflower, pushing up toward the sun through the broken asphalt of politics.Plato himself seems to resolve this tension by distinguishing between the philosopher’s duties in the best city and in other cities. As Socrates says in the Republic:Observe, then, Glaucon, that we won’t be doing injustice to the philosophers who grow up among us, but we will say just things to them, when we compel them to care and guard for the others. For we will say that those who are of their sort who grow up in the other cities fittingly do not share in the labors therein. For they grew in them spontaneously though the regime in each did not intend it, and the spontaneously grown has a just claim not to be eager to repay the cost of its nurture to anybody, since it owes [its] nurture to nobody. But you we reared up, just as in hives, as leaders and kings for yourselves and the rest of the city, and you have been educated better and more perfectly than those and are more able to have a share of both [philosophy and rule]. Each of you must then go down in turn to the common dwelling of the others and accustom yourself to the shadows there. For when you are accustomed, you will see in a myriad ways better than those there, and you will know the images, that they are images and of what they are images, on account of your having seen the true things that concern the beautiful, the just and the good. 4Yet Plato’s Socrates availed himself only partially of the just claim of the philosopher in an actual city that contributed nothing to his nurture. While Socrates took only a minimal part in the official business of the city, he never hesitated to [End... (shrink)

Balāgha, which consists of three main branches today, has benefited from various channels in the process of completing its formation. Before the formation of systematic balāgha, it is assumed that there were two main currents, one represented by poets and lite-rati, and the other represented by scholars. This article aims to determine the place of Abū ʿUthmān al-Jāḥiẓ (255/869), one of the main names who wrote in the field of balāgha, in the pre-formation period of balāgha science. The documentary analysis (...) method will be used mainly in the research. The determinations of al-Jāḥiẓ on balāgha will be analysed in accord-ance with the parameters, categories and concepts of systematic balāgha. By examining al-Jāḥiẓ’s rhetorical understanding through the filter of systematic balāgha, the share of pre-for-mation period balāgha within systematic balāgha will be revealed. Another contribution of the study would be to reveal the balāgha understanding of al-Jāḥiẓ with its main frames. Ex-amining al-Jāḥiẓ’s concept of balāgha, on the other hand, will facilitate understanding of his unique concepts of balāgha and bayān. Because al-Jāḥiẓ designed a broad communication framework, which he calls bayān, and considered balāgha as a sub-category within this de-sign. Balāgha is the subject of verbal communication in this design.Summary: The formation of a discipline called balāgha passed through several stages. Balāgha as a term, which was in circulation as a qualification of beautiful and convincing words, has attracted the attention of some circles, had been dealt with it in various occasions and some thoughts had been recorded on the subject. These accumulations and records contained a number of basics and principles that formed the core of balāgha science which would later be systematized. Since these recorded cumulative basics and principles cannot be called balāgha science, it is possible to name them as the idea of balāgha. The independent works that emerged during this period were written by poets and literary writers. Religious scholars and linguists also had mentioned rhetorical issues in their works even though they did not write specific books on the topic. It is possible to say that there are two channels from which balāgha science is nourished: The literary criticism channel represented by poets and writers and the other channel which is held by various branches of science, the majority of which are religious sciences.The literary criticism channel is the product of some social and scientific developments in Arab history. When Jāhiliyya (pre-Islamic) poetry became a data source to serve the emerging grammar, an intensive movement of collecting Jāhiliyya poetry has begun. Compiled Jāhiliyya poetry was not only a source for linguists, but also a literary legacy that poets sang and used as a model for their new styles in poetry. Innovations in poetry led to a comparison between the old and the new, and these developments have also brought about the need for certain criteria to be used in literary criticism. Eventually, these critical activities circulated many terms, including the word balāgha.When it comes to religious sciences, balāgha has been a concept used mostly in iʿjāzu’l-Qurʿān issue. The discussions of the miraculous feature of the Qurʿān, which continued on theological grounds, must have aroused the desire to explain the eloquence of verses in concrete exam-ples. Because the scholars of these fields shifted their interest towards the use of linguistic tools. The balāgha channel shaped by the pressures of religious sciences such as kalām, fiqh and tafsīr could be called the balāgha developed by grammar; and the channel that began to take shape with the work of poets and writers can be called the balāgha developed by litera-ture.In the period after the formation of grammar and before the formation of balāgha, although there was not a balāgha science in the present-day sense, it is clear that there was a thought of balāgha. One of the scholars who reflects the idea of balāgha of the pre-establishment pe-riod is Abū ʿUthmān al-Jāḥiẓ. Al-Jāḥiẓ did not address the issue of persuasive and beautiful speech only in his book al-Bayān wa al-tabyīn. In various articles, he talks about the qualities of beautiful and impressive speeches, sometimes under different topics and sometimes under a special title. In his al-Bayān wa al-tabyīn, al-Jāḥiẓ establishes a communication theory called bayān that takes into account all the means of conveying meaning. He divides the means of communication into five, which are word, sign, number, text and posture. The book puts spe-cial emphasis on balāgha, which is one of the means of bayān, and its conditions of conveying meanings. Although the issues discussed in the work do not conform to the norms of the later systematic balāgha, it continues to be an important source in theoretical balāgha studies. Sys-tematic balāgha and al-Jāḥiẓ’s bayān project are different in terms of frame, but they have overlapping points and a piece-whole relationship between them. Bayān, developed by al-Jāḥiẓ’s, addresses the wide range of communication that takes into account including the ges-tures and signs; while balāgha is used to refer to the verbal communications only, which is part of the broader field of communication.In systematic balāgha, it is important to distinguish between balāgha and faṣāḥa terms; the former used to signify the word, the speech and the speaker, and the latter to signify only the word and the speaker. We have noticed that al-Jāḥiẓ uses them interchangeably. Nonetheless, the emphasis on the factor of transmitting messages, when he talks about the clarity of mean-ing on several occasions, shows that he considers the combined words rather than the indi-vidual words, which is the same assertion of systematic balāgha. According to him, the fact that a misarranged sentence is understood by the interlocutor should not mean that the sen-tence itself is capable of transmitting the meaning.The context factor, which is the determinant of systematic balāgha, is also taken into consid-eration in al-Jāḥiẓ’s understanding of balāgha. However, al-Jāḥiẓ generally considered the context together with the length and shortness of the speeches and did not mention the as-pects reflected in the sentence sequence. Although the major concern of al-Jāḥiẓ was the transmission ability of the speech, he also dealt with the expression forms. There are some other terms that he used less frequently like ījāz, iṭnāb, ishāb and kināya. Although some of these words are used in contexts similar to the meanings of today's term, most of them are used in such a context to meet more than one meaning. Ījāz, which is one of these concepts, is the name of expressing the meanings with little word in al-Jāḥiẓ’s usage. The use of terms reflects the types of narrative and figurative usages could not reach a stable point in al-Bayān wa al-tabyīn, because it was not written for the purpose of systematically analysing them. The author, who aims to examine the persuasive and beautiful words in many dimensions, under-took the issue with a view that takes into consideration the orator, and this caused his work to be designed in a way that serves speech making rather than analysing. This consideration prevented the emergence of an analysis system. Al-Jāḥiẓ mostly used balāgha in the context of oral performance. According to him, the written texts and performed sermons are different in style and therefore the balāgha criteria of these two species should be different as well. (shrink)

Bad philosophy is responsible for the climate and nature crises, and other global problems too that threaten our future. That sounds mad, but it is true. A philosophy of science, or of theatre or life is a view about what are, or ought to be, the aims and methods of science, theatre or life. It is in this entirely legitimate sense of “philosophy” that bad philosophy is responsible for the crises we face. First, and in a blatantly obvious way, those (...) institutions, organizations, corporations, businesses, endeavours, and activities of humanity that cause the crises and global problems we face, do so because of the aims they pursue (profit perhaps, or power, or heat and light for homes), and the methods adopted in pursuit of those aims – the philosophy in other words, built into the institution, organization, business, human activities, or whatever it may be. It is the philosophy of these institutions, organizations and activities that we need to change to put a stop to, or at least lessen the severity of, the crises we face, the global problems that confront us, above all the climate and nature crises. One institution has an especially crucial role in this respect: our universities. They are dominated in a multitude of ways by a particularly disastrous philosophy, a philosophy of inquiry which may be called knowledge-inquiry. This holds that the basic aim of the university is to acquire and apply knowledge. First, knowledge is to be acquired; once acquired, it can be applied to help solve social problems. But this philosophy of knowledge-inquiry is an intellectual disaster. As a result, universities are, in devastating and almost entirely unrecognized ways, humanitarian disasters too. Judged from the standpoint of helping to promote human welfare, the university shaped by the philosophy of knowledge-inquiry violates THREE of the four most elementary rules of rational problem solving conceivable in a wholesale, structural fashion, and it is this gross, wholesale, structural irrationality of the university, unnoticed by all but a few scientists and scholars, that is in part responsible for the creation of our grave global problems, and our current incapacity to learn how to solve them. The pursuit of knowledge, conducted in universities, within the framework of knowledge-inquiry over the decades and centuries, has produced much of great benefit to humanity. It has made the modern world possible. It has led to modern power production, modern industry and armaments, modern agriculture, modern hygiene and medicine, modern travel and communications, and the internet. But these very successes have also created many of our most serious current global problems: the climate crisis; the destruction of natural habitats, the catastrophic loss of wild life, and impending mass extinction of species (the nature crisis); the lethal character of modern war; the impact on the natural world of the rapid growth of the human population; the menace posed by nuclear weapons; pollution of earth, sea and air; threats to democracy caused in part by the internet and social media. All these grave global problems have been made possible by modern science and technology, pursued largely in universities within the framework of knowledge-inquiry. Nevertheless, it is not science and technology as such that are the problem, but science pursued in a way that is dissociated from a more fundamental task of the university to help humanity resolve conflicts and problems of living in increasingly cooperatively rational ways, so that progress may be made to a better world. Science and technology, pursued within the framework of knowledge-inquiry, create for some of us the power to act, but not the power to act wisely – not the power to learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways. For that, we need our institutions of learning, above all our universities, to take as their primary task to help humanity learn how to do it. In order to do that, the philosophy of inquiry put into practice by universities needs to be dramatically transformed. We urgently need to bring about a revolution in the overall aims and methods of academic inquiry – a revolution in the philosophy of the university, all around the world, wherever possible, so that the basic aim becomes to seek and promote wisdom, construed to be the capacity, active endeavour, and perhaps desire, to realize what is of value in life, for oneself and others, wisdom in this sense including knowledge, understanding and technological know-how, but much else besides, methods being dramatically modified too so as to help achieve the new academic aim. The basic task of the university would be, not to solve problems of knowledge, but rather to help people in the social world beyond the university to resolve conflicts and problems of living so that what is of value in life may be realized by everyone, insofar as that is possible. The pursuit of knowledge would be vital, but not intellectually fundamental. The intellectual and institutional revolution we so urgently need in our universities would affect every discipline and aspect of the university; it would dramatically affect both research and education, and the whole way the university is related to the rest of the social world. The revolution, from knowledge-inquiry to wisdom-inquiry would dramatically enhance the intellectual integrity and rationality of natural science, social inquiry, the humanities and technology, the character of these disciplines and the relationships they have with one another. University education throughout the university would be dramatically improved. And academic inquiry as a whole would do what, on the whole, it fails to do at present: it would help humanity resolve conflicts and problems of living in increasingly cooperatively rational and, as a result, increasingly successful ways, progress at last being made to a genuinely good, civilized world – a world in which there is peace, justice, liberal democracy, individual freedom, education, reasonable equality, sustainable prosperity and worthwhile opportunities in life, all of these for everyone, insofar as this is possible. Why, it may be asked, has academic philosophy not noticed that we urgently need to transform the current bad philosophy of inquiry of knowledge-inquiry into the far more intellectually rigorous and humanly valuable philosophy of wisdom-inquiry, so that we can begin to do what so far we have failed to do so lamentably: learn how to avoid impending disasters, and even make progress to a better world, something that seems at present almost unthinkable given the horrors of war, poverty, political enslavement of the 20th century, and the horrors of this century so far too? The answer is that academic philosophy is in a particularly pitiful state, as philosophers themselves, are just beginning to realize and lament. That is why academic philosophers are blind to the intellectual and humanitarian disaster of the bad philosophy that dominates universities today, and inconceivable to them to them that they might have, as a disciplinary task, to ensure academic inquiry implements a good philosophy of inquiry, and advocate and argue for change if it does not. Once upon a time, in Europe at least, philosophy was an intellectual power in the world. In the 17th century it created modern science which massively increased and improved our knowledge and understanding of the world, which in turn led to the Enlightenment, the industrial revolution, and the modern world. Philosophy was once so intellectually powerful and influential that it changed the course of history. But philosophy also made in the past three disastrous intellectual blunders: the post-Cartesian blunder, the post-Newtonian blunder, and the Enlightenment blunder. Never acknowledged and corrected by subsequent philosophy right down to the present, these unrecognized intellectual blunders rendered academic philosophy the esoteric, pathetic, and powerless discipline it is today, so that throughout the last century and, so far, throughout this one, academic philosophy has remained blind to the intellectual disaster of knowledge-inquiry, and thus failed entirely to take up its proper disciplinary task of warning fellow academics of the structural irrationality of the philosophy that prevails in the university, and of proposing what steps need to be taken to put things right. Instead of performing such an urgently needed philosophical task, so-called analytic philosophy was reduced to analysing the meaning of words. Since then, there has been hardly any discernible improvement, even if analysis of concepts no longer dominates the scene. Bad academic philosophy is indeed responsible for intellectual and humanitarian failures of the university. What the three past intellectual blunders of philosophy are, why their persistence so dramatically reduces academic philosophy to a triviality, and why, furthermore, this results in the failure of scientists and scholars to see what is so blatantly bad about the philosophy prevailing in universities around the world – the failure to see what so urgently needs to be done to put right what has been wrong for so long: all this is made clear in this book. A new kind of philosophy emerges during the course of the argument, critical fundamentalism, which has as its task to keep alive imaginative and critical – that is rational – thinking about our fundamental problem: How can our human world, the world we experience and live in – the world of living things, people, consciousness, free will, meaning and value – how can all of this exist and best flourish embedded as it is in the physical universe? That problem encompasses all others of life, science and thought. Critical fundamentalism tries to improve answers to aspects of this problem; but it also seeks to encourage everyone to think about the problem, from time to time, and think about how it interacts, in both directions, with more urgent particular and specialized problems of life and thought. Critical fundamentalism sets out to help improve bad philosophy wherever it is to be found: in social, political, commercial, legal, financial, and international life; and especially in academia, in institutions of learning, so that they become devoted to enhancing the capacity of people to learn how to achieve what is of genuine value in this brief life of a few decades if we are fortunate. Critical fundamentalism does everything it can to bring about the revolution in our universities we so urgently need. If taken up by mainstream philosophy, it might really have an impact, and begin to transform universities for the better, in both intellectual and humanitarian terms, and thus, enable humanity to learn how, after the grim failures and horrors of the last century and this one, to make progress to a better world. -/- . (shrink)

The first poems about the Prophet Muḥammad appeared while he was alive. These first examples, which are panegyrics (madīḥ, i‛tiẕār, fakhr and ris̱ā), largely reflect the characteristics of the pre-Islamic qaṣīda poetry. Due to the developments in the following centuries, the number of poems about the Prophet increased. And thus, a separate literary genre was formed under the name al-madīḥ al-nabawī. Especially the fact that sufi leaning poets contributed to the literary richness in this field. Another factor is the beginning (...) of the tradition of writing mawlid poems in memory of the birth of the Prophet Muḥammad. The thirteenth century was an important period for poems praising the Prophet Muḥammad. Two important poets emerged in this century. One of them is Egyptian poet al-Būṣīrī and the other is Baghdad's famous poet, Yaḥyā al-Ṣarṣarī. Even after his death, Ṣarṣarî’s works with high literary value were read and memorized in the circles of science, literature and Sufism. Due to his competence in the field, al-Ṣarṣarī was known as the poet of the Prophet and Ḥassān b. Thābit of his time. However, it is understood that his poems, which lost their importance in literary circles over time, were not studied as much as they deserved in the modern period. In this article, his life and works are introduced and basic language and stylistic features of his poems are examined. Also, the image of the Prophet in his poems was determined within the framework of the political conditions of the period.Summary: In the field of madīh nabawī, which first appeared in the ‘Asr al-Sa’āda and has continued to the present day, especially two names stand out in the 7th/13th century, when famous poets such as Macduddīn al-Vitrī (d. 662/1264), Ibn al-Muraḥḥal (d. 699/1300) and Ṣafiyyuddīn al-Ḥillī (d. 749/1348) were also raised. One of them is the Egyptian poet al-Būṣīrī (d. 695/1296), who left his mark on the field of madīh nabawī with his many poems, especially Qaṣīda Burda, and the other is the Iraqi poet Yahya al-Ṣarṣarī (d. 656/1258), who was named Shā‘iru Rasūlillāh (The poet of the Prophet) and Ḥassānu Vaḳtihī (Ḥassān of that period) because of the quality of his poems in this field.al-Ṣarṣarī, was born in the village of al-Ṣarṣar, near Baghdad, spent most of his life in the shadow of Baghdad’s political instability and the social collapse that developed in parallel. He was killed in 656/1258 by the Mongolian forces that invaded Baghdad. al-Ṣarṣarī was extremely knowledgeable in fiqh, hadith, language, and ‘ilm al-qirāa. Our poet adopted the views of the Hanbalī law school. In addition, he turned to Sufism and became a murīd (disciple) of Ali ibn Idrīs al-Ya‘kūbī, a student of Abdalqadīr al-Gīlanī who was accepted as the founder of Qādiriyya. He was closely attached to the Sunnah of the Prophet and was fond of reading the Quran. He was chaste and patient and was content with what he had himself. All his works are poetic and they all concern the madīh nabawī or fiqh.Since his poems, almost all of which are about the praise of the Prophet, have a high literary value, they were read, memorized and narrated for a long time in the circles of science, literature and Sufism. In terms of its structure, his poems are based on the traditional forms of Arab qasīda. In the introductory sections of his poems, he often expresses his longing for Madina. The main subject in poems is usually the Prophet and his superior features. In the last part, he usually says salāt for the Prophet and seeks help from him. It can be said that he used simple language in his poems. The vocabulary reflects the characteristics of the urban life in which he lived. The source of inspiration for his poems are the Qur’an and especially the hadith of the Prophet. He uses the potential of literary arts as much as possible while conveying his feelings. But he does not allow the correct information to be lost due to these arts on a serious subject such as depicting the Prophet. We can see a lot of badī‘ (creative) art in some of his poems. But we can immediately understand that these arts do not spoil the beauty of his expression. The poet provides rhythm and harmony in his poetry with the meter and rhyme in accordance with the classical Arabic qasida rules. In addition, he strengthens the musicality in poetry with puns (jinās) and repetition.The influence of the instability of the region where al-Ṣarṣarī lived on his poems is obvious. According to him, the main reason for the terrible situation that Muslims were in was that they were away from the way of the Prophet. He thought that it would be possible to go back to the old peaceful days by following the way of the Prophet. Perhaps as a result of this opinion, he allocated his qasīda to the narration of the Prophet and his Companions. In his poems, he describes the Prophet with his names, superior qualities, physical and moral characteristics. He says that the sentences describing the Prophet are the ornament of poems and believes that praising him is a mean of salvation in the next world. He also hoped that the poems he said in order to achieve spiritual ascension would protect himself against the troubled events of the period.In his poems, especially on the occasion of mawlīd, al-Ṣarṣarī mentions the Prophet’s physical characteristics and likens his smiling face to a bright full moon, his brows to the letter nûn, his teeth to pearls. He describes the Prophet as a man with black eyes, broad shoulders, born with kohl-lined eyes, and who emanates a beautiful scent as a requirement of his creation. The poet, who also touches on the Prophet’s powerful address, states that his speech is more effective than Luqman’s wise words by virtue of his jawami‘ al-kalim (comprehensive speech) and faṣl al-khiṭab (clear speech), and that his soft address, which states nothing other than the truth, is a blessing from Allah. He additionally describes the Prophet’s plain words, easy to understand by all, as more valuable than jewels. al-Ṣarṣarī, who praises the Prophet in terms of morality with basic human virtues such as bashfulness, justice, modesty, and courage, emphasizes that he is, a paragon of patience, perseverance, kindness, and compassion through analogies such as, “his clothes are peace and perseverance”, his “cover is kindness and forgiveness”. In his world of imagery, the Prophet’s benevolence is so abundant like the rain that the clouds cannot compete with him. Also, he does not shame anybody for what he gives. He bestows the most valuable possessions like gold and camels. Even the respectable personalities of the tribe benefit from his grace. He is so generous that he is giving even when the clouds are stingy about giving rain during times of drought. He welcomes with a smile those who approach him with requests. The donations he makes privately are entirely satisfying.The image of prophethood in al-Ṣarṣarī’s poems, is centralized around the thought of nūr Muhammadī (prophetic light) and the miracles of the Prophet. He reminds that the Prophet never gave up despite the calamities he encountered and that he was supported with extraordinary events in various stages of his life since he was born, and reflects the understanding that the prophet is spiritually supporting the community with his nūr, and in the case the community follow his sunnah, overcoming the Mongolian attacks, which seems like a miracle, is possible. The mention of Qattāl (warrior), Māḥī (eliminator of disbelief), Ẓāhir, Ẓāfir, Manṣūr and Muẓaffar (victorious) among the Prophet’s names, especially those that evoke the superiority he gained in his fight against the disbelievers, giving greater prominence to his courage and valor among his virtues are also related to the political and social conditions of the period. The couplets about the Companions of the Prophet following the couplets that describe the Prophet’s valor, the emphasis of their aid to the Prophet, and the particular mention of their fighter spirit may be considered in the same context. Perhaps, in this way, the poet aims to boost the courage of the Muslims who are exposed to Mongolian attacks with respect to protecting their spiritual and holy values against the enemy. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

It is widely acknowledged that two methods of writing have emerged in the history of usūl literature: Juristic method (usūl al-fuqahā) and theological method (usūl al-mutakallimīn). Although there are some attempts to determine the typical features of these methods, we do not have a comprehensive explanation regarding the criteria of this distinction, the motivation behind it and the period when these methods have become prevalent. This paper aims to shed light to certain dimensions of the issue and focuses especially on (...) the impact of juristic disputations and khilāfiyāt on the emergence of juristic method. The discussions about the sources and methods of religious knowledge were a significant part of the heated intellectual debates in the early period of Islamic scholarships. These discussions made by scholars interested in theological matters in kalām context were the matters of usūl, which would have turned into a separate discipline thereafter. The aforementioned period also witnessed Hanafīs completing the first fiqh compilation by recording the body of masā’il in fiqh that they had developed and codified. Hanafīs then involved in the methodological discussions of theologians in the context of justifying their juristic views. The tradition of scholarly discussion that had widely contributed to the earlier period took a new dimension by the introduction of jadal to the Islamic world. First theologians and later jurists adopted the method of jadal in their debates and scholarly works. By the 4th and 5th centuries AH, fiqh became popular more than ever and promoted the juristic disputations in such a way that those disputations turned into a common and significant performance among Islamic intellectuals. Meanwhile, the khilaf genre, in which the disputed juristic matters have been discussed and justified, improved in those centuries as well. Consequently, a new method of usūl writing, namely the method of fuqahā, which can be applied in the justification of the masā’il and in juristic disputations, emerged. Thus, the first and most typical work of that method, Taqwīm al-Adilla by Dabūsī, perfectly addressed the needs of the disputation tradition in the era, by including many chapters that could be regarded as related to the substantial law and many examples from substantial law, by treating the jadal topics in qiyas and ‘illa chapters in detail and by avoiding the speculative theological disputes. Later, the method developed by Dabūsī attracted attention and many jurisprudents wrote usūl works adopting the method before the end of 5th century AH. Especially the usūl work of Bazdawī served as a model for the later Hanafī usūl literature. However, the juristic method lost its popularity when the Islamic scholarships fell under the influence of philosophy and logic after al-Gazālī and al-Rāzī. Jadal and ‘ilm al-bahth wa’l-munāzara have been treated under the discipline of logic afterwards. Nevertheless, even after the evolution of the usūl perspective, some Hanafīs still wrote usūl works by juristic method and some of them, despite adopting the new philosophical perspective, referred to the usūl of Bazdawī in their “mamzūj” (combined) usūl works. (shrink)

J. L. Austin, in "Ifs and Cans," proclaimed the common hope that we soon "may see the birth, through the joint labors of philosophers, grammarians, and numerous other students of language, of a true and comprehensive science of language." The problem has always been with the "joint labors" part. Philosophers have always been willing to issue linguists dictums and linguists have been happy to teach philosophers "plain facts." Austin’s general view of language, and his particular notion of performative utterance, can (...) be found in the writing of J. R. Firth, the most commanding British linguist of Austin’s generation, but Austin never refers to Firth. In the present volume, however, we find clear and exciting evidence of genuinely joint labors on the part of philosophers and linguists. They stem from a summer conference in 1969 rounded out with contributions from notables. To two thick issues of Synthese the editors have added a dazzling piece by Saul Kripke, two substantial pieces by James McCawley and J. R. Ross, a short paper by Paul Ziff, and a reprint of P. F. Strawson’s "Grammar and Philosophy." This is an invaluable book and the best book among the many now available concerning the interaction of linguistics and philosophy: worth the cost, which the contributors attempted to reduce through foregoing royalties. The philosophers in this volume hold, or hold intriguing, the view that the semantics of a natural language can and must, in effect, be a theory of truth for a language in much the manner that Tarski suggested, and provided, for artificial language: the recursive specification of biconditionals in which the left hand gives the structural description of an object language sentence and the right hand, the truth conditions in the metalanguage. In "homophonic" translation this requirement can be trivially satisfied simply by mentioning the sentence on the left that one uses on the right: one makes the requirement non-trivial by forcing enough into the recursive specification so that one captures the native speaker’s implicit semantic competence. In this volume, the "orthodox" Davidsonian program, which takes the syntax of the metalanguage to be standard predicate logic, is ably argued by John Wallace ; Richard Montague, David Lewis, and Jaakko Hintikka would want an intensional logic covering modality and propositional attitudes. The linguists who find this philosophical climate most appealing are called "generative semanticists": McCawley, Ross, George Lakoff and others argue that any proposed semantic rule will eventually prove necessary to syntax too and that, hence, the deepest level of syntactical form will be equivalent to semantic form. Whatever the ultimate fate of this joint program, it leads here to much exciting interaction between linguists and philosophers: linguists who welcome the machinery and conceptual standards of modern logic, and philosophers who try to grasp the specifics of crucial issues in recent linguistic theory. Even if Quine’s doubts, here sketched, and Chomsky’s currently unpublished more technical objections should be well-founded, nonetheless the joint labor will have been very much worthwhile. Aside from this general debate about semantics, there are several papers covering more specific issues. The papers of J. A. Fodor, Terence Parsons, and Ross concern adverbs and the logical form of action sentences; several papers, particularly B. H. Partee’s, examine "Opacity, Coreference, and Pronouns." In all these papers one notes the fulfillment of Austin’s hope that philosophic and linguistic arguments should become intermixed, if not at times properly indistinguishable. Perhaps the most enjoyable and exciting paper stands aside from linguistics: Saul Kripke’s "Naming and Necessity." Kripke here argues quite informally for the separation of analytic, a priori, and necessary that is required for a Kripke style, S5, modal logic with de re modalities. "Gold is a yellow metal," for example, turns out to be contingent, while "Heat is the motion of particles" is necessary but a posteriori ; and that philosopher’s stone of stones, "The morning star is the evening star," is discovered to be necessary but a posteriori.—J. L. (shrink)

The legal-ethical dynamism in Islamic law which allows it to respond to the challenges of modernity is said to reside in the institution of ijtihād (independent legal thinking and hermeneutics). However, jurists like Mohsen Kadivar and Ayatollah Faḍlalla have argued that the “traditional ijtihād” paradigm has reached its limits of flexibility as it allows for only minor adaptations and lacks a rigorous methodology because of its reliance on vague and highly subjective juridical devices such as public welfare (maṣlaḥa), imperative necessity (...) (ḍarūra), emergency (iḍtirār), need (ḥāja), averting difficulty (‘usr) and distress (ḥaraj), hardship (mashaqqa), and harm (ḍarar) without interrogating the fundamentals (uṣūl) of ijtihād. In contrast, in the “foundational ijtihād” model theology, ethics, intellect, epistemology, linguistics, hermeneutics, modern sciences, history, cosmology, anthropology, and the sources of Islamic legal theory (uṣūl al-fiqh) interact with one another to obtain resolutions that are just and non-discriminatory. (shrink)

The issue of textual criticism/matn criticism in the Islamic world has started to be discussed, especially in modern times, when the issue of criticism of the holy books came to the fore in the West. However, when the history of Islamic sciences literature is examined, it is seen that the subject of criticism of hadith texts has been on the agenda of Muslims, even though it is not as central as isnad. One of the important pillars of the text-centered (...) approach as a method of hadith criticism is the Arabic language. In our study, it is aimed to determine the effect and the limits of the Arabic language in hadith criticism based on the text. While doing this, first of all, the discussions about the link between the language and criticism of the holy scriptures in the West will be discussed, and then the relationship between the hadith and the Arabic language will be revealed, especially in the context of istishhād and literature. Then, the place where the Arabic language stands as a method in the criticism of hadith texts will be determined and an evaluation will be made about its limits and possibilities. The evaluations about the limits and possibilities of the Arabic language will be discussed in terms of the narration of hadiths with meaning, the different approaches of linguists and schools, the conflicts between tribes, and the reliability of poetry as an istishhād method. In this study, particular examples obtained by examining Ibn Dureyd’s (d. 321/933) Jamhara al-luga ve Muhammad ibn Ahmad al-Azherī’s (d. 370/980) Tahzīb al-Luga Abū Aḥmad al-ʿAskarī’s (d. 382/992) Taṣḥīfāt al-muḥaddiṯīn and al-Ḫaṭṭābī's (d. 388/998) Iṣlāḥ ġalaṭ al-muḥaddiṯīn and Ṣafadī’s (d. 764/1363) Taṣḥīḥ al-taṣḥīf wa-taḥrīr al-taḥrīf. In addition, the subject has been examined by taking into account other linguistic sources, basic hadith texts and hadith commenta-ries. In this way, the reflection of the subject in the hadith literature will be revealed and it will be tried to determine the place where the Arabic language stands in hadith criticism, taking into account the problems of the language itself. (shrink)

Qurʾān was revealed to the Prophet Muḥammad (pbuh) not as a written document, but by word of mouth over a period of approximately 23 years. He dictated the verses to the scribes of revelation. After this, Abū Bakr compiled the written verses; i.e. gathered between two covers. Thus when the Qurʾān was compiled as a text, a number of addresses lost their characteristics. This situation, which is a result of the shortcomings in inscription, suggested the necessity of separating the verses, (...) preserving the recitation method (waqf places) learned from Prophet and transmitting the Qurʾān towards new learners. As a result, the science of al-Waqf and al-Ibtidāʾ has emerged. The systematics of al-Sajāwandī was chosen among the people who systematized the waqfs marks and the mushafs that we have today are arranged according to the systematics of al-Sajāwandī. At this point, the issue of showing other addressing features of the Qurʾān, such as the emphasis, in text appeared as an area that to be considered. The aim of this study is to analyze this issue and to focus on the possibility and method of realizing the subject. If punctuation marks are to be added to the Qurʾānic text, this should be done by taking into account the characteristics of punctuation marks in Arabic. According to comparison between punctuation and wakf marks, it was seen that they have different characteristics. First difference is the systematic difference. Punctuation marks in modern Arabic script are divided into four groups: end marks, tone marks, quotation marks, and the signs used in mathematics. However, al-sajawānds consists of only end/stop marks. In this case, al-sajawānds do not function as punctuation marks indicating tone of voice/emphasis and quotations. The second difference is that punctuation marks are more about the meaning than waqf marks. Because waqf marks do not oblige reader to understand only one of the possible meanings. However, punctuation marks limit or even determine the meanings. In addition, waqf marks are also based on the recitation(s) of the Prophet/al-qirāʾat al-manqulah. Correct comprehension depends on correct reading. For correct reading, addressable features must be able to be incorporated into the text as much as possible. Today’s muṣḥaf, cannot show emotions, emphasis to the reader. Beside, each of the characteristics of waqf marks (al-waqf al-muʿānaqah ext.) cannot meet the end marks found in today’s punctuation marks. In this case, we can add emphasis marks to text in order to reflect the emphasis that are missing from them by keeping al-sajāwands. Likewise, the question of to where/whom the word belongs to, which may cause confusion in text, can be resolved with quotation marks. Hereby, it has been concluded that a pseudonym system that can reflect the emphasis features of the Qurʾān and show quotations, should be developed in addition to al-sajāwands. So, our proposal includes the following steps: keeping al-sajāwands existing in the muṣḥaf; placing the emphasis marks in today's punctuation marks, which will serve this function in places where the emphasis and tone of prayer’s voice cannot be reflected in writing; putting quotation marks. Thus, it will be possible to develop a system that can show the linguistic, grammatical, semantic, phonetic, emotional and reciprocity dimensions of address in the writing/text. In this context, the punctuation marks that we find useful to be added to the muṣḥaf are emphasis marks (:!؟) and some quotation marks («»: -). قَالَ فَمَنْ رَبُّكُمَا يَا مُوسٰى؟ قَالَ رَبُّنَا الَّذ۪ٓي اَعْطٰى كُلَّ شَيْءٍ خَلْقَهُ ثُمَّ هَدٰى. Tāhā 20/49-50 As an example, in this verse, there is a real question that is expected to be answered. Then a question mark can be put at the end of this sentence. In addition, a dot mark can be placed at the end of the answer sentence to indicate that the answer is concluded. (shrink)

Al-Shafi'i (d. 820) is clearly one of the most important figures in the early history of Islamic jurisprudence. His Risala or "Treatise" on the "principles of jurisprudence" (usul al-fiqh) is also of interest as an example of an approach to ethics that focuses on divine commands. Following a brief introduction, I offer the reader a few comments about al-Shafi'i's context. I summarize the content of the Risala and then analyze it as an example of divine command reasoning in ethics. Finally, (...) I present some observations on the place of al-Shafi'i's theory in the history of Islamic ethics, particularly with respect to his comments on ikhtilaf, "disagreement.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 28.1 (2004) 220-223 [Access article in PDF] Doing Our Own Thing. The Degradation of Language and Music and Why We Should, Like Care, by John McWhorter; xiv & 279 pp. New York: Gotham Books, 2003, $26.00. In 2002, the first anniversary of the September 11th attacks was marked in New York City by the reading of the Gettysburg Address. It was, as many commentators noted, an (...) odd choice of eulogy, comparing as it did the unwitting and innocent victims of a terrorist attack to the willing and active [End Page 220] participants in a bloody civil war. In Doing Our Own Thing, the Berkeley linguist John McWhorter asserts that this strange choice was the result of a decline in American public discourse. A "particular kind of artful English, formerly taken for granted as crucial to legitimate expression on the civic stage has" he argues, "virtually disappeared" (p. xiv). For McWhorter, this lack of contemporary public oratory is merely part of a broader linguistic decline that has affected all aspects of American life and culture.There has, he suggests, been a dumbing-down of the language. Whereas Americans once took care to craft their language, public and private, McWhorter argues, there is now a casualness to their speech and writing which affects all aspects of their existence. The nature of this decline is best captured by McWhorter's anecdote about his research into Gullah, an obscure Creole dialect. In response to his inquiries about local speech patterns, an elderly black woman in Greenwood, Mississippi responded: "Well, seems like most folks, they speak pretty good English, but some people, it seems like they just talk" (p. 2). Whereas Americans once spoke pretty good English, McWhorter believes, now, for the most part, they just talk. In Doing Our Own Thing, he seeks to identify not only evidence for his thesis, but also the causes and consequences of this decline.Evidence of linguistic decline is, McWhorter believes, to be found in our public discourse (as evidenced by the contemporary use of the Gettysburg Address), and in the rise of rap music and popular lyrics at the expense of poetry—he notes that as late as the 1960s, the poet Marianne Moore was a guest on The Tonight Show twice. Less intuitively perhaps, he identifies the same decline in the decreased popularity of piano bars, and the rising popularity of cell-phones. What all these examples of have in common, McWhorter suggests, is a turn towards an oral as opposed to a written culture. Speech has, he says, become something of a "dress-down affair" (p. 49), and this has infected both our written word and public oratory. The "modern American speech writer" he notes, "tends strongly to operate under a guiding imperative not to sound too high a note" (p. 47). McWhorter contrasts this with examples from the nineteenth-century—with letters from ordinary soldiers to their sweethearts, and with Edward Everett's two-hour plus address at Gettysburg—which show that "we live in an America with a distinctly different relationship to the English language than an America still within living memory" (p. 167).For McWhorter, the causes of this decline are clear. The 1960s counterculture, in its efforts to "Speak Truth to Power, abandoned the formal conventions of previous generations' speech, and adopted its own more casual approach to public discourse. Indeed, McWhorter feels confident enough to identify "a single year when America lost its love for its language": 1965 (p. 183). The consequences of this decline are, for McWhorter, similarly obvious. Among them, the shift to an oral culture is held to be responsible for: the election of George W. Bush—Al Gore's "studied articulateness is certainly one of the major [End Page 221] factors that blocked him from winning the presidency" (p. xxi); the decline of contemporary political debate—more formal written language is, says McWhorter, "a better vehicle for objective argument than speech" (p. 35); and the increasingly obtuse nature of academic language. Indeed, McWhorter asserts that Judith Butler... (shrink)

Muhyiddîn el-Kâfiyecî (öl. 879/1474), on beşinci yüzyıl Saruhanoğulları, Osmanlı ve Memlüklü alimlerindendir. Yüzden çok eser yazmıştır. Makale Kâfiyeci’nin hayatı ve eserlerini araştırır. Yazdığı eserler, onun, Arap dili, Arap grameri, belagat, tarih metodolojisi, hadis ve usulü, tefsir ve usulü, fıkıh ve usulü, kelâm, tasavvuf, dil felsefesi, semantik, metafizik meseleler, geometri, optik ve astronomi gibi konularda uzmanlaştığını göstermektedir. Kâfiyeci en önemli eserlerini Arap dili ve mantık sahalarında yazmıştır. Eserleri içerisinde yaptığı linguistik çözümlemeler, onun yetkin bir dil alimi olduğunu göstermektedir. Kâfiyeci eserlerini yazarken (...) linguistik, mantıki, ilmi ve felsefi bir yöntem kullanmıştır. Araştırmada, Kâfiyeci’nin, hayatı boyunca en az yüz on iki eser yazdığı tespit edilmiştir. Bu eserlerden, doksan altısının adı belirlenmiştir. Kâfiyeci’nin eserleri konularına göre şöylece tasnif edilebilir: Arap Dili ve Dil Felsefesi: Şerḥu’1-i‘râb ‘an Ḳavâ‘idi’l-i‘râb, el-Unmûzec fî baḥsi’l-isti‘âre, Şerḥu’l-isti‘âre, Risâle fî Kâne Zeydun Ḳâimen, Risâle fî Zeydun Ḳâimun, Risâle fi’l-mebâḥisi’l-mute‘alliḳa bi Emmâ, Nuzhetu’l-mu‘rib fi’l-Meşrıḳ ve’l-Maġrib, Nuzhetu’l-aṣhâb fî mes’eleti’l-kuhl, Remzu’l-esrâr, en-Niseb li ehli’l-edeb, el-İşrâḳ fî meratibi’ṭ-ṭıbâk, Ḥâşiye ‘ale’l-Muṭavvel, Risâle fî “men” eş-şartiyye. Mantık: et-Terġîb fî keşfi rumûzi’t-Tehẕîb. Tarih Metodolojisi: el-Muḫtaṣaru’l-mufîd fî ‘ilmi’t-târîḫ, en-Naṣru’l-ḳâhir ve’l-fetḥu’ẓ-ẓâhir. Akâid ve Kelâm: Envâru’ṣ-Ṣa ‘âde, Şerḥu’l-‘Aḳâidi’l-‘Aḍuḍiyye, Hâşiye ‘alâ Şerḥi’l-‘Aḳâidi’l-‘Aḍuḍiyye, Şerḥu’l-Mevâḳıf, Telḫîsu Şerḥi’l-Mevâḳıf, el-Hidâye li beyâni’l-ḫalḳ ve’t-tekvîn, Risâle fî beyâni’l-mu‘cizât, Nehru’l-hayât fî ma‘rifeti’ṣ-ṣıfât, ‘İlmu’l-kumûn ve’l-burûz, Risâle fî Kavlihi Teâlâ “Lâ ye’menu mekr Allâhi ille’l-kavmu’l-hâsirûn” [A‘râf, 7/99]. Kur’ân, Kırâat ve Tefsir Bilimleri: Şerḥu’l-İsti‘âẕe ve’l-Besmele, Ḥâşiye ‘ale’l-Keşşâf, Şerḥ fî muḥâkemât beyne’l-mutekellimîn ‘ale’l-Keşşâf, Ḥâşiye ‘alâ Tefsîri’l-Beyḍâvî, eẓ-Ẓafer ve’l-ḫalâṣ, et-Teysîr fî ḳavâ‘idi ‘ilmi’t-tefsîr, Risâle fî ‘ilmi’t-tefsîr ve vucûhi’l-ḳırâat, Keşfu’n-niḳâb li’l-aṣḥâb ve’l-aḥıbbe fî ‘icâzi’l-Ḳur’ân, et-Temhîd fî şerḥi’t-taḥmîd, Ḳarâru’l-vecd fi şerḥi’l-ḥamd, el-İlmâ‘ bi ifâdeti Lev li’l-imtinâ‘ fî ḳavlihi Te‘âlâ “Lev kâne fîhimâ âlihetun illallâh le fesedetâ” [Enbiyâ, 21/22], Cevâb ‘an suâl fî ḳavlihi Te‘âlâ “Ve’n-Necmi iẕâ hevâ” [Necm, 62/1], Nuzhetu’l-iḫvân fî tefsi¬ri ḳavlihi Te‘âlâ “Yâ Lûṭu İnnâ Rusülü Rabbike” [Hûd, 11/81], Neylu’l-merâm fi tefsîri ḳavlihi Te‘âlâ “Ve Mâ Rabbuke bi Ẓallâm” [Fussilet, 41/46], el-Bişâra fî ḳavlihi Te‘âlâ “Fe’tû bi sûratin min mislih” [Bakara, 2/23], Nuzhetu’l-aṣḥâb, el-Ġurratu’l-vâḍıḥa fî tefsîri’l-Fâtiḥa, Zeḫîratu’l-ḳaṣr fî tefsiri Sûrati’l-‘Aṣr. Hadis Bilimleri: Muḫtaṣar fî ‘ulûmi’l-ḥadîs, Menbe‘u’d-durer fî ‘ilmi’l-eser, Ḫulâṣatu’l-‘aḳvâl fî ḥadîsi “İnneme’l-a‘mâlu bi’n-niyyât”. Fıkıh, Usûl ve Fetva: Risale fî mesʹeleti’l-istisnâʹ, Ḥâşiye ‘ala şerḥi’l-Hidâye, Vecîzu’n-niẓâm fî ıẓhâri mevâridi’l-aḥkâm, el-Feraḥ ve’s-surûr fî beyâni’l-meẕâhîbi’l-erba‘ati fi’l-‘uṣûr, Neşâtu’ṣ-ṣudûr fî şerḥi Kitâbi’l-Feraḥ ve’s-surûr, et-Taḥrîr lima zukira fi’d-Dureri’l-manẓûm, Muhâveratu’l-fıḳhiyye, Risâle fi’stiḳbâli’l-Ḳıble, Telḫîṣu’l-Câmi‘i’l-kebîr ve’l-Mecma‘, Kitâbu’t-Teẕkira/Risâle fi’l-vaḳf, Ravḍatu’ẓ-ẓahira en-nâfi‘a fî’d-Dünya ve’l-Âḫira, Kitâbu’l-muḫtasar fî ‘ilmi’l-istibdâl, er-Remz fî ‘ilmi'l-istibdâl, el-Kâfî fî beyâni’ṣ-ṣaffi’ṭ-ṭavîli’l-mustaḳîm, Risâle fî ṭabaḳâti’l-butûn li beyâni’l-vaḳf ‘alâ evlâdi’l-evlâd, el-İḥkâm fî ma‘rifeti’l-Eymân ve’l-aḥkâm, Ferâid baḥri’l-fevâiḍ. Siyasetname, Adap ve Ahlak: Niẓâmu ḳalâidi’l-‘ıḳyân, Seyfu’l-kuḍât ‘ale’l-buġât, Seyfu’l-mulûk ve’l-ḥukkâm el-murşid lehum ilâ sebîli’1-Haḳḳ ve’1-aḥkâm, Seyfu’l-ḥaḳḳ ve’n-nuṣra ‘alâ riḳâbı ehli’l-baġy ve’l-fitne, ed-Durratu’l-‘âliyetu’l-ġâliye. Metafizik, Tasavvuf ve Felsefe: el-Kâfî eş-şâfî, Kitâbu’r-ravḥ fî ‘ilmi’r-rûḥ, Kitabu’r-raḥme fî beyânı aḥvâli ‘alemi’l-berzâḫ, en-Nuzhe fî ravḍati’r-rûḥ ve’n-nefs, Neşâtu’l-bişâra bi’l-işâra fî kıbleti’l-ervâh, Ḳıbletu’l-ervâḥ fi’t-taṣavvuf, Nuzhetu’l-ervâḥ ve ġıbṭatu’l-eşbâḥ fi’t-taṣavvuf, Menâzilu’l-ervâḥ fi’t-taṣavvuf, ‘Ikdu’l-ferâid min baḥri’l-fevâiḍ fî şerḥi Esmâillâhi’l-husnâ, el-Unsu’1-enîs fî ma‘rifeti şeʹni’n-nefsi’n-nefîs. Siyer, İrşat ve Fazâil: Zeynu’l-feraḥ bi mîlâdi’n-Nebî (s.a.v.), Muḫtasar fî ‘ilmi’l-irşâd, Risâle fi’l-maḥabbe, Ḳalâidu’l-‘ıḳyân fî baḥri faḍâili Raceb ve Şa‘bân: Fen Bilimleri: Ḥallu’l-işkâl fî mebâhisi’l-eşkâl fi’l-hendese, Şerḥu’l-caġmînî fi’l-heyʹe, er-Remz fî ‘ilmi’l-uṣturlâb. Diğer Eserleri: Remzu’l-ḫıṭâb bi raşḥi’l-‘ıyâb, Benâtu’l-efkâr fî şeʹni’l-‘i‘tibâr, Keşfu’l-vucûhi’l-ḥasene’l-mestûra bi’n-niḳâb li faḍlillâhi’l-Cevâdi’l-Vehhâb, el-Keşf ‘an şerafi Ehli’l-Beyti’l-kirâm li efḍali’r-rusuli ve’l-enâm, ‘Iḳdu’l-ferâid min taḥrîri’l-fevâid, Risâle mustaḳılle bi ‘ilmi’n-nefs ve vucûhi’l-ḳırâa, Cevâbu’l-enẓâr, Ḥusnu’l-ḫıtâm li’l-merâmi min haẕa’l-kelâm, Ḫıtâmu’l-misk. (shrink)

IN this note I propose to make some general remarks concerning the analytical forays carried out into moral discourse by some leading figures in the modern ‘linguistic’ tradition. The philosophers I am going to speak of, may all be said to be attempting some sort of ‘descriptive’ analysis, but my thesis is that philosophers such as Toulmin and Baier are attempting something that is significantly different from what a philosopher such as Nowell-Smith is attempting. I will suggest, in (...) the following section, that the expression—‘the logic of moral discourse’—seems to be understood by these two groups of linguistic philosophers in two different ways and that one of these ways involves a more ambitious claim, than does the other, on behalf of the philosopher embarking upon a conceptual analysis of moral discourse. The manner in which, it seems to me, Toulmin and Baier understand this expression is the one that involves the more ambitious claim. In the final section of this paper I suggest that the more ambitious claim involves overloading the so-called Linguistic method to force it do a job that it seems at least not suited to perform. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Possible Worlds in the Tahâfut al-tahâfut:Averroes on Plenitude and PossibilityTaneli Kukkonen1.It has become customary to credit John Duns Scotus with having first systematically laid out the basis for treating the modal terms as referring to synchronic alternative states of affairs. This has been viewed as constituting a genuine shift in modal paradigms, as no former model had included the idea of genuine synchronic alternative possibilities. Historians of modal logic (...) and contemporary logicians alike have found it interesting that certain key features of Duns Scotus's theory and subsequent late medieval work markedly resemble the so-called possible worlds semantics approach of modern modal theory.1Duns Scotus' innovations were not completely without precedent. Several key elements in Scotus' theory were foreshadowed by twelfth-century developments. Perhaps somewhat amusingly, one of the most important forerunners to the Latin discussion was one in whose context the expression "possible worlds" would have made sense in a very special way.2 This is the medieval Arabic debate on the eternity of the world and its modal status. In this paper I propose to take stock of the positions the Arabs reached, and to do so by way of [End Page 329] consulting one of the documents central to the debate, the Tahâfut al-tahâfut or the "Incoherence of the Incoherence," by Abû al-Walîd Ibn Rushd (the Latin "Averroes," 1126-1198). In the first part I examine Averroes' exposition of the received Aristotelian tradition; in the second I assess the revisions to modal theory suggested by al-Ghazâlî (1058-1111), in the latter's comprehensive critique of philosophical doctrine. Though the two inquiries are obviously complementary, they can be accomplished independently of each other.It will be seen that Averroes' and his formidable adversary's views on the interpretation of the modal concepts differ quite fundamentally. What makes the ensuing debate, often fraught with misunderstandings and misrepresentation, so engaging is that both parties, in spite of their differences, refer to a common Aristotelian backdrop in questions of terminology and mode of argumentation. Both Averroes and al-Ghazâlî are well-placed to present a considered and balanced account of what they take to be crucial in the issues involved. It is on account of this that the complex interplay between the old and the new comes to the fore with exceptional force and clarity in the Tahâfut debates.2.The Tahâfut al-tahâfut, first published in 1180, is a philosophical rejoinder to an attack on philosophy, Abû Hâmid al-Ghazâlî's Tahâfut al-falâsifa or "The Incoherence of the Philosophers" (1095). In that celebrated work al-Ghazâlî had claimed to expose certain philosophical doctrines as not only contrary to orthodox Muslim belief, but also internally incoherent.3 Averroes' reply in turn was written in order "to show the different degrees of assent and conviction attained by the assertions in The Incoherence of the Philosophers, and to prove that the greater part has not reached the degree of evidence and of truth."4 The work is thus of a doubly dialectical nature. Whereas al-Ghazâlî tries to show the philosophers' reasoning to be defective, Averroes has to show both that al-Ghazâlî is likewise lacking in intellectual rigor and that philosophy, properly understood, is innocent of the charges leveled at it. If the Islamic philosophers (al-Fârâbî and, above all, Avicenna) have in fact erred, this is only to the extent that they have misrepresented correct Aristotelian doctrine. [End Page 330]Averroes' presentation is appropriately delicate considering the complexity of the task at hand. Averroes quotes al-Ghazâlî exclusively in full, lengthy passages, with the result of incorporating almost all of the Tahâfut al-falâsifa in his own work. In so doing he gives us an adequate and comparably fair representation of al-Ghazâlî's views. Averroes then goes on to discuss what al-Ghazâlî says both in the philosophers' name and in his own, and points out their respective deviations from Aristotelian doctrine. The text thus comes laid out in three successive layers, with Averroes' own... (shrink)

Abū Ishāq al-Isfarāyīnī (d. 418/1027) was one of the prominent figures of Khorasan Shafiʻīsm and a jurist among the Aṣḥāb al-Wujūh. He received education in Irāq from important scholars in the fields of theology (kalām), jurisprudence (fiqh), principles of jurisprudence (usul al-fiqh), and hadīth. After returning to Nishabur, he taught at a madrasa built in his name. He trained students such as ʿAbd al-Qāhir al-Baghdādī (d. 429/1037-38), Abū al-Ṭayyib al-Ṭabarī (d. 450/1058), Abu al-Qāsim al-Isqāf al-Isfarāyīnī (d. 452/1060), Abu al-Rabīʿ Ilākī (...) (d. 465/1073), and Abu al-Qāsim al-Qushayrī (d. 465/1072), who later influenced the course of Shāfiʿīsm. He authored works as an important hadith scholar and Ashʿarī theologian. Although most of these works have not survived to the present day, we learn about his views through excerpts from them. He held views, reflected in the prin-ciples of jurisprudence, that led to criticism for being influenced by the Muʿtazila. Despite being a theologian, his adoption of the jurists' method in jurisprudence further emphasizes the importance of his views. The aim of this study is to reveal Abū Ishāq al-Isfarāyīnī's thoughts on the principles of jurisprudence, specifically in the areas of hadīth, consensus (ijmā), indepen-dent reasoning (ijtihād), and imitation (taqlīd), and to identify their reflecti-ons on the Shāfiʿī school of jurisprudence. Since there is no specific study on Abū Ishāq al-Isfarāyīnī’s thoughts on jurisprudence in our country, we beli-eve that this research will contribute to future studies on his legal scholarship. (shrink)