Ülfet Görgülü, Fıkıhta Cenin Hukuku, M.Ü. İlahiyat fakültesi Vakfı Yayınları, 2018, 180 s.

It is well-known that Ibn al-Salāh al-Shahrazūrī (d. 643/1245) has an important place in the field of hadith methodology. In this context, it is possible to see Ibn-al Salah’s influence in a large proportion of the hadith terminology. The fact that the term ḥasan was not substantially included in the hadith method studies before Ibn-al Salah and that this concept became widely known in the field after him led to study the contributions of al Salah on the subject of ḥasan (...) hadith and in this regard, his effect on the term ḥasan. As result it was found that authorities such as Shāfiʿī (d. 204/820), ʿAlī b. al-Madīnī (d. 234/848-49), Ahmad b. Hanbal (d. 241/855) used the concept of ḥasan in various meanings before al-Tirmidhī (d. 279/892) who, according to general acceptance, made the term ḥasan famous for its terminological use. However, it is possible to say that ʿAlī b. al-Madīnī was the first to use the terminological meaning of the concept ḥasan. Actually, the fact that Shafii’ used the term ḥasan isnād for an authentic hadith that al-Bukhārī (d. 256/870) and Muslim b. Ḥajjāj (d. 261/875) would later unanimously narrate, and Ahmad b. Hanbal used ḥasan as gharib, is evidence for the unsystematic use of the term in the early periods. Even though, thanks to al-Tirmidhī, an important place was opened for the concept in riwāya literature, there was no serious mention of the term in later hadith methodology. Therefore, it has been seen that hadith scholars considered the term ḥasan within the scope of ṣaḥīḥ or ḍaʻīf hadith, since they accepted the term as an intermediate concept, and for this reason they did not include the term ḥasan among the subjects of hadith methodology until Ibn al-Salāh. An examination of the argument, that one can act upon a ḍaʻīf hadith, would show that ḥasan hadith might have been interpreted within the scope of ḍaʻīf hadith. On the other hand, the fact that some scholars such as Mughulṭāy b. Qilīj (d. 762/1361) state that a hadith would be called ṣaḥīḥ if it is maqbūl with any presumption, and that there is no point in calling such a hadith ḥasan shows that the ḥasan hadith is considered within the scope of ṣaḥīḥ hadith. The fact that hadith methodology scholars did not mention ḥasan hadith before Ibn al-Salāh stems from the ambiguity of the subject. Contrary to his predecessors, Ibn al-Salāh tried to save the term ḥasan from its ambiguity by combining the different specifications put forward by al-Tirmidhī, al-Khaṭṭābī (d. 388/998), and Ibn al-Jawzī (d. 597/1201). The specifications and interpretations of the term presented by Ibn al-Salāh via his meticulous efforts, have also been adopted by his successors. The term ḥasan hadith has gained an important place in the literature of hadith methodology thanks to the views and definitions built on the descriptions and interpretations of Ibn al-Salāh. In this context, while there are those who agree with Ibn al-Salāh’s descriptions and evaluations of the term, there are also those who criticize his remarks on the subject. However, it has been seen that those who criticize Ibn al-Salāh, along with those who follow him, criticized him by following the path drawn by Ibn al-Salāh. Based on this and similar situations, it was concluded that not only the descriptions and comments that Ibn al-Salāh made, but also his style and methods of handling the subject gave direction to the studies on hadith methodology. In addition, it has been observed that the most compact description of the term ḥasan is put forward by Ibn Hajar and today’s studies are predicated on his description. Within this framework, after emphasizing that there are four degrees of maqbūl hadiths, Ibn Hajar defined the two fields, which were covered by two different descriptions of Ibn al-Salāh, as ḥasan li-zatih and lighairih by Ibn al-Ḥajar. (d. 852/1449) By doing so Ibn al-Ḥajar gave the final shape to the ḥasan hadith terms. He also captured the fundamental point where ḥasan hadith differs from the ṣaḥīḥ hadith because the basic point in question, which was not directly stated before, is a slight flaw in the narrator’s grip. At the end of the study, it was concluded that -as al-Dhahabi (d. 748/1348) also stated- it does not seem possible to determine a comprehensive rule that gathers ḥasan hadiths under a single description. Considering the historical context of the term ḥasan, it has been observed that the most effective description of the ḥasan hadith are the terms ḥasan li-zatih and ḥasan lighairih, which were put forward by Ibn Hajar by transforming the dual division mentioned by Ibn al-Salāh into a more understandable form. (shrink)

Bu çalışma, DKAB öğretmenlerinin pedagojik inançlarını çeşitli değişkenler açısından inceleme amacını taşımaktadır. Pedagojik inanç, öğrenme-öğretme süreçlerine yönelik geliştirilen değer örüntüleridir. Pedagojik inançlar, öğretimin merkezi figürlerinden olan öğretmenlerin iki temel değer örüntülerinden birisidir ve bu sebeple nitelikli bir öğrenme-öğretme ortamı için dikkate alınmalıdır. Çalışma karma desenli bir çalışmadır ve nicel araştırmada model olarak değişkenler arasındaki ilişkiyi ele alan tarama modellerinden olan ilişkisel tarama modeli kullanılmıştır. Veriler, doküman analizi ve tarama yöntemiyle toplanmıştır. Nitel çalışma içinse durum çalışması yöntemi kullanılmıştır. Tarama verilerine göre (...) DKAB öğretmenlerinin pedagojik inançları ile cinsiyet, eğitim durumu, görev yaptıkları okul türü ve kitap okuma alışkanlıkları arasında anlamlı bir ilişki tespit edilmemiştir. Görev süresi ile pedagojik inanç arasında ise anlamlı bir ilişki görülmüştür. Söz konusu tarama verilerinin öznel olarak nasıl anlamlandırıldığını keşfetmek için on öğretmenle mülakat yapılmıştır. Öğretmenlere göre genel olarak DKAB dersi çıktıları yeterli değildir ve bu yetersizliğin en önemli sebepleri olarak sistem ve öğrenci dile getirilmiştir. Katılımcıların ideal DKAB öğretmeni için dile getirdiği nitelikler ise iletişim, alan bilgisi, meslek bilgisi, merhamet, teknolojik araçları kullanmak ve kendini yenilemektir. Katılımcılar için pedagojik inançlardan daha çok gerçek öğrenme-öğretme ortamlarının özellikleri daha önemli görünmektedir ya da daha doğru ifadeyle realist öğretmen kimliği geliştirdikleri söylenebilir. (shrink)

In this study, secondary school DKAB (Religious Culture and Moral Knowledge) lesson’s belief learning domain has been examined structurally. In this context, the basic principles of belief have been discussed according to Māturīdīsm, Ash'arism, Mutazilite and in places according to Shia. The common points and different aspects of the ideas in the domain of belief of these schools have been examined in a comparative way. Subjects such as the attribute of taqwin/creation, which is the main discussion between Māturīdīsm and Ashʿarism, (...) whether Allah can be known by reason, whether the good and the evil are determined by reason or nass/verses are the examples. Additionally existance of the immutable attributes and that whether they are eternal or not, that whether ru’yatullah/seeing God is possible or not and the conditions of the afterlife which have been points of discussion between Mutazilite and Ahl es-Sunnah have been handled in the article. Surely these are matters of extensive discussion; this study evaluated these topics in the pedagogical context of the belief learning domain of the DKAB lesson. Firstly the theological background of the belief learning domain of DKAB lesson has been handled. Then learning outcomes which are the first elements of the curriculum have been classified. And thirdly the text books which are the second dimension of the curriculum have been analyzed. The method of the study is document analysis. Belief is the first of the learning domains designated as worship, morality, Prophet Muhammad and culture, and it is also of great importance because it is the basis of other learning domains. Belief learning domain is in the interest of curriculum designers in terms of having some pedagogical features but it must also be in harmony with theological acceptances as it is one of the basic components of religiosity. The theological background is also directly related to the political and legal context of the lesson, such as doctriner and non-confessional status. Because when various interpretations of religion do not have common points or when the common points are weak, the non-confessional feature will always be a controversial matter. In theological texts God has been described as essential, the almighty, the omniscient and one who intervenes in the history. Discussions between Kalam schools and philosophical schools about God's attributes, or the discussions within the Kalam schools are very important in terms of reflecting God-universe-human relationship. One of the most important problems in this issue is that the conception of God is not decisive, and that the conception of matter and human must be compatible with the conception of God. Developing a theology in the context of God's attributes, excluding matter and human conceptions leads to an over-abstraction of the theological background. Moreover, changes in the conception of matter and human will harm the conception of God, and the contribution of religious education to those who searching for meaning will decrease. The fact that the faith principles of Islamic religion do not vary depending on the sects strengthens the status of non-confessional religous education. In addition, an essential God conceptualization facilitates the management of people their lives. For believers, life has a purpose and it is a preparation for the afterlife. Furthermore in the context of cultural knowledge, gaining in-depth knowledge is a remarkable support for social life. On the other hand, the achievements in the lesson curriculum are at the first levels in terms of taxonomy and this shows that the lesson does not support high level learning and identity formation. Considering the speed and severity of the transformation in social life, it is necessary to provide some qualities that will support the construction of self and personality of those who take religious education. However, the low level of objectives of the curriculum and the one-dimensionality of Bloom's taxonomy used in the curriculum have been an unsolved problem for a long time. This points out the importance of developing a curriculum of religious education, taking into account the theological background and the individual and social dimensions of human beings. On the other hand, it can be thought that there are some problems in the establishment of the relationship between God-universe-human in the textbooks. Although the content is suitable for personal God representation and gives prominence to causality tought, when it comes to the idea of order of the universe, it contradicts with personal God representation and moral development. When the idea of order is over-objectivized in the textbooks, it becomes unclear how God intervenes in the universe. So, it remains suspended that the learners how make sense of events and their actions. (shrink)

Providing effective care to patients and making the right decisions in difficult working environments depend on moral sensitivity. Emotional intelligence and ethical sensitivity affect nursing care. This study aimed to investigate the relationship between nursing students’ emotional intelligence and ethical sensitivity levels. The research employed a descriptive-correlational design, 201 nursing students studying at a university in the Central Anatolia region, Turkey, participated in the study. Students’ ethical sensitivity was found to be significant. The nursing students received the highest score in (...) the “Interpersonal Orientation” sub-dimension of the Moral Sensitivity Scale, while their lowest score was observed in the “Experiencing ethical dilemma” sub-dimension. The SSREIT and MMSQSN total scores of the students who willingly chose the nursing department and loved their field were found to be higher. It was found that the ethical sensitivity of nursing students was at a significant level and gender, family type, having sibling and perception of economic status affected the level of ethical sensitivity. (shrink)

I argue that Kant’s aesthetic theory yields a fruitful theory of art criticism and that this theory presents an alternative both to the existing theories of his time and to contemporary theories. In this regard, my dissertation offers an examination of a neglected area in Kant scholarship since it is standardly assumed that a theory of criticism flies in the face of some of Kant’s most central aesthetic tenets, such as his rejection of aesthetic testimony and general objective principles of (...) taste. If art criticism is an enterprise of providing evaluations of artworks supported by reasons, then it is hard to see what the Kantian art critic can do for us. If I cannot defer to the critic’s judgment that she loved Blade Runner and there are no feasible general principles linking the depiction of futuristic cityscapes, or the accompaniment of a haunting minimalist soundtrack to the goodness of a film, then it does not seem to matter whether the critic communicates to me her evaluation of Blade Runner or supports her evaluation with descriptions of Blade Runner scenes. Nevertheless, the assumption that these Kantian tenets preclude the possibility of art criticism is mistaken and it is my aim to show how this can be. The project has two phases. In the first phase I develop a new interpretation of Kant’s theory of artistic beauty. In the second phase I make use of this interpretation to put forward a Kantian account of art criticism. Central to my interpretation is the notion that judgments of perfection, e.g., Blade Runner is an excellent neo-noir science fiction film, inform our aesthetic evaluations and receive support from descriptions of non-aesthetic properties of the film. It is precisely this underappreciated role of judgments of perception that I exploit in making room for Kantian art criticism. (shrink)

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present (...) an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll. (shrink)

Objectives: This study was conducted descriptively for the purpose of determining the differences in the personal and professional values of nurses according to their generation. Methods: The study was planned according to the descriptive research method. The population of the research consisted of nurses carrying out their duties in Istanbul, and the sample consisted of 718 nurses. The number of nurses to be included in the sample was determined by stratified sampling, and the nurses to be included in the sample (...) were determined through random sampling. The data were collected using an information form, the Value Preferences Scale, Professional Value Order of Priority Scale, and the Nurses’ Professional Values Scale. Ethical considerations: Ethics committee approval for the study was received from the Ethics Committee Presidency of the I.U. Cerrahpasa Medical Faculty of Clinical Studies. The study began after the participants were informed that they could decide to withdraw from the study at any time during the data collection process. In order to use the Nurses Professional Values Scale, written permission was received from Nuray Sahin Orak. Findings: The primary value preference is social value for nurses from the Baby Boomers generation, Y and Z generations, and political value for nurses from X generation. It is the nurses from every generation who prioritized human dignity among professional values, which is follow by activation and responsibility. It is determined that a great majority of nurses from the Baby Boomers generation, X, Y, and Z generations prioritized human dignity among professional values, which was followed by the values of equality, justice, and freedom. Conclusion: These results indicate that nurses from all generations agree on the professional values required by their profession and thus carry out their duties in accordance with the ethical principles and the values of their profession. (shrink)

In this paper, in answering the question why Kant didn’t think very highly of music, I argue that for Kant (i) music unlike other art forms, lends itself more easily to combination judgments involving judgments of sense, which increases the propensity to make aesthetic mistakes and is ill-suited as an activity for improving one’s taste; (ii) music expresses aesthetic ideas and presents rational ideas only by taking advantage of existing associations while other art forms do so by breaking with the (...) laws of association and creating new associations. I propose that (ii) constitutes the reason why music is not a rich source for reflection and thereby cannot stimulate the enlargement of the cognitive faculties. Given that the standard Kant uses in setting up the hierarchy of fine arts in terms of their cultivating role is the enlargement of cognitive faculties, this explains why music is placed at the bottom of his hierarchy. (shrink)

In this article, the authors try to review the Paris-Match cover page analyzed by Roland Barthes and introduces a new model of analyzing sign system from a new semiotic approach based on the new definition of the context. This research is based on three layers of the context and shows that understanding the cover page of a magazine or any other kind of text is not only absolute but also somehow relative due to the different background knowledge of the audience. (...) This means that human sees the Context A, or what is designed, in the situation of Context B, or situational context, and interpret based on their Context C, or background knowledge of the audience. (shrink)

The purpose of this paper is to introduce a new perspective of analyzing advertising designs from a new semiotic approach based on a new definition of the context. In order to achieve this goal, we will first of all give a definition for advertising design, and then Peirce’s idea about signs and definition of the science called semiotics will be necessary for starting the discussion. This research is based on three levels of context and shows that understanding an advertising design (...) is not absolute but somehow relative because of differences in the background knowledge of the receivers. The conclusion of this research is that people understand advertising design based on their three contexts, which means seeing a so-called Context A, or better, what is designed, the receiver of the message will use a so-called Context B, or the context of situation, and also receives a so-called Context C, or the background knowledge in order to interpret what is selected and combined in Context A. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of North Macedonia the normative regulation of (...) property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of (...) notary publics has been decided by the Law on Non-Litigious Procedure. In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security. (shrink)