In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to make decisions in regard to sexual relations. Previous case law focused on P’s ability to consent to (...) such relations, and whether P understood the information relevant to that decision. Notwithstanding the abundance of legal authority, including the recent appellate judgments of Hayden J in London Borough of Tower Hamlets v NB and AU [2019] EWCOP 27. and B v A Local Authority [2019] EWCA Civ 913. there was a lacuna in the existing law in relation to what information was relevant for the purposes of assessing the issue of capacity to consent to sexual relations. Judges have traditionally adopted a protectionist stance in understanding “the information relevant to the decision” under s3 of the Mental Capacity Act 2005, with an emphasis on whether P understood the risks of pregnancy and sexually transmitted diseases. However, the Court of Appeal in Re JB has broadened its interpretation of ‘relevant’ information to also include the ability to understand the importance of a partner’s consent to such relations. This is a welcome change to previous courts’ interpretations of the ‘nature’ of the sexual act, moving from an approach focused on the physical sexual mechanics to one which views the nature of sex as a mutually consensual engagement. However, a fundamental shift in how we view such cases is likely to have far-reaching consequences, particularly for local authorities and professionals seeking guidance in relation to their care planning. (shrink)

The subject of this study is a philosophical question and an analysis of knowledge. Philosophical questions are questions that almost everyone deals with in daily life. Philosophy-making activity is a fundamental field of study that belongs to man and his essence. Those who are familiar with these questions have become philosophers. Philosophers are concept friends and have built knowledge by adhering to the use of language. Philosophical knowledge, above all, has a systematic, consistent and logical aspect. This discipline, in which (...) questions are more important than answers, formed the basis of other fields. Philosophical thought laid the basic discipline's groundwork, such as science, religion, politics, and art. In this context, the study will include essential views on the philosophical question and the value of knowledge. (shrink)

Filistin asıllı Subhî Fahmâvî, romanlarında farklı konuları özgün bir üslûpla ele almaktadır. Ana konu içerisinde ilgili birçok meseleyi iç içe halkalar şeklinde bir anlatım yumağı oluşturarak ele alan Fahmâvî, okuyucuyu adeta diyardan diyara bir gezintiye çıkarmaktadır. Bu anlatım üslûbunun en önemli öğelerinden biri mitolojik ve tarihi şahsiyetlerdir. Genel olarak Ortadoğu özel olarak Ken‘ânî mitosundaki efsanevi şahsiyetler değişik vesilelerle romanlarda sık sık anılmaktadır. Yazara ait Kıssatu ‘işki Ken‘âniyye adlı roman, mitolojinin yoğun işlendiği bir romandır. İl, Ba‘l, İştar, Mot gibi mitoslar olay (...) örgüsünün önemli bir kısmını oluşturmaktadırlar. Bununla birlikte Fahmâvî, roman anlatısında tarihte olumlu veya olumsuz bir şekilde nam salmış birçok şahsiyetten de bahsetmektedir. İster mitolojik olsun ister tarihi ve gerçek şahsiyet olsun, seçilen isimler rastgele seçilmemişlerdir. Bu şahısların her biri romanda anlatılan konunun daha iyi anlaşılması için anlatımın önemli bir yönünü oluştururken okuyucu da söz konusu şahıs hakkında bilgi sahibi olmaktadır. Bu makalede çağdaş Ürdün roman yazarlarından Subhî Fahmâvî’ye ait romanlarda ismi geçen mitolojik ve tarihî şahsiyetler tespit edilmeye çalışılacaktır. Tespit edilen bu şahsiyetlerin, hangi yönleri ile meşhur oldukları ortaya konulduktan sonra roman kurgusu içerisinde öne çıkarıldıkları tarafları incelenecektir. Ayrıca bağlam açısından bu şahısların tercih edilme sebepleri de irdelenecektir. (shrink)

Bu yazı son asrın önemli âlimlerinden Subhî Sâlih’in (1926-1986) hayatını, ilmî kişiliğini, eserlerini ve öne çıkan görüşlerini ortaya koymayı amaçlamaktadır. Lübnan doğumlu olan Sâlih, ortaya koyduğu çalışmalarla son dönem İslam düşüncesi içerisinde kendisine önemli bir yer edinmiştir. Arap dünyasında oldukça tanınmış olmasına rağmen ülkemizde hakkında kapsamlı çalışmalar bulunmamaktadır. Bu makalede, onun eğitim-öğretim hayatı, telif ettiği eserler ve öne çıkan görüşlerinden bahsedilmiştir. Yazara ait ulaşabildiğimiz ilmî eser ve makalelerin muhtevası hakkında kısa bilgiler verilip adı geçen çalışmaların özelliklerine dair gerekli bilgiler sunulmuştur.

In the historical process, the importance of doing interdisciplinary work has been accepted in all social sciences and has become an undeniable phenomenon. The history of Islamic thought can undoubtedly be seen as a very fertile field for such a study. It is because many different disciplines start the historical formation process from the same point. In other words, they are historically constructed on a common narrative. In this respect, interdisciplinary reading can be most functional in the context of usûl-ı (...) fiqh, kalam, philosophy and mysticism, which can be expressed as the pillars of Islamic thought. In this framework, we have identified Ahmed Mahmûd Subhi, the Egyptian thinker and academician, as a prototype in our study. As a matter of fact, Subhi has an approach that stands out with a holistic perception of Islamic thought and has produced texts that can build the idea in question. We can build Subhî's way of thinking with a tradition he abides by or in a teacher-student relationship. What is needed for this is to take an in-depth look at his life and works. Such a study will serve as the key to our understanding of Subhi's scientific method. The ultimate aim of this study is to emphasize the importance of taking different disciplines as a basis in order to make healthy and correct interpretations of Islamic thought. This issue, which we have expressed as a claim, will be embodied by Subhî's ideas in his texts and turned into a concrete structure. (shrink)

The issue of acting on weak hadiths has been a debated issue throughout history. Scholars have adopted different views on this issue. While there are scholars who argue that weak hadiths should not be acted upon at all, there are also scholars who argue that there is no harm in acting upon them under certain conditions. While scholars such as Müslim, Yahya b. Ma'in and Subhi Salih in the modern period adopt the view that weak hadiths should not be (...) acted upon, Imam Şafiî, Imam Ahmed and Ebu Davud prefer the view that if there is no sound hadith on a subject, weak hadiths should be acted upon. Apart from these two groups, there are also scholars, such as Ibn Hajar, who adopt the middle path and emphasize that weak hadiths should be acted upon under certain conditions.It is seen that the approaches expressing their opinions on the issue of acting on weak hadiths generally differ depending on whether the topics are provisions or virtues. While some scholars do not consider it permissible to act on weak hadiths, whether they are subject to provisions or not; It is seen that some of them are of the opinion that, under certain conditions, virtues and even provisions can be acted upon when necessary. Although the Scholars are generally of the opinion that one should not act on a weak hadith regarding the provisions, some of them stated that there is no harm in acting on it if it meets certain conditions regarding the provisions. Acting with weak hadiths regarding virtue has been a subject mentioned by many scholars. It has been seen that many hadith scholars, from the early periods, have adopted a positive attitude towards hadith narrations regarding virtue. This shows that the idea of acting with weak hadiths has existed since then.Ulama who follow the Hanafi sect generally made inferences based on weak hadiths. It is seen that Hanafi scholars, who attach importance to ray and qiyas, prefer weak hadiths to ray and qiyas in some cases. This situation is mostly the result of the necessity of extracting the provisions regarding ta'abbudi issues from the hadiths. It is also possible that they use weak hadiths in order to encourage people to do good and avoid bad situations regarding the virtue of deeds. In some cases, the use of hadiths that are in accordance with precautions is a common situation among Hanafi scholars. For this and similar reasons, it is possible to see the use of weak hadith among Hanafi scholars.It would not be right to limit the issue of weak hadith and deeds only to Hanafi ulema. The issue of acting with weak hadith has been discussed a lot in the sources on the Sunni hadith method. Hadith scholars have examined these hadiths under two main headings: provisions and virtues. They did not see any problems in the narration of weak hadiths, provided that they were not on matters related to belief and rules; It is possible to say that they acted more inclusively when they narrated hadiths on subjects such as maw'iza, virtue of deeds and stories, as well as issues related to tafsir and megazi. Weak hadith narration and acting on weak hadith, and some scholars preferring weak hadiths to qiyas, indicate that this is because it is attributed to the Prophet Muhammad.Commentators generally give a lot of space to weak hadiths, fabricated news andİsraelites in their tafsir books. In particular, it is seen that the commentators of narration use every material they find about the virtues of the suras, without evaluating their authenticity. It is seen that Muhaddith scholars frequently resort to weak hadiths as well as sound narrations, especially on subjects such as fedailu'l-quran, fedailu's-suver, fedailu'l-ayat.In this context, if the hadiths used by Nasafi regarding the virtues of the suras in his work called et-Teysîr fi't-tefsîr are examined, it will be seen that he gives a lot of place to weak hadiths. It is important that, in addition to the scholars who adopt the view that weak hadiths cannot be acted upon, there are also scholars such as Nasafi, who believe that there is no harm in acting on weak hadiths on some issues, especially regarding virtues. As a matter of fact, although the fact that Nasafi was a muhaddith as well as a commentator gave the impression that he would select and use the hadiths more meticulously, it has been observed that he did not behave differently from other commentators and used weak hadiths and fabricated news about the virtues of the suras. In this respect, it is seen that Nasefi reflects the general attitude of commentators in his work. It is possible to see that a scholar who is knowledgeable in many fields resorts to weak hadiths, especially regarding virtues, shows a moderate approach to the status of these hadiths, and accepts that weak hadiths are suitable for narration and can be acted upon. (shrink)

Turkish-Islamic literature contains numerous religious literar writings. In the existing literature, it can be seen that many kinds such as tawhīd, munājāt, nʿat, mawlid, hilya, hijrah-nāma, shafāʿat-nāma, miʿrāj, qisas al-anbiya, ramaḍāniyya, and al-asmā al-ḥusnā were written. Al-Asmā al-ḥusnā, written in the form of poetry and prose, were mostly sharḥ or their khawaṣṣ were explained. Çihil-nām al-Manẓūm, which is mentioned in the study, was written as khawaṣṣ al-asmā al-ḥusnā. The work is a poet entitled as Fażāyī. Manuscript was written in the (...) last quarter of the fifteenth century, and thus, it is presumed that the poet lived in the same century. This work has been identified in a manuscript. In addition, the poet’s Hadiyyat al-aḥbāb, der-Bayān al-maqāmāt al-darwīshān, Kitāb al-sharʿiyyat al-arbāb, and Ghazaliyyāt al-Darwīsh Fażāyī four other works have been identified. In the writings of the asmā al-ḥusnās, the names of ninety-nine were emphasized. In this study, the forty names of God are expressed. The text presented is a continuation of the tradition of writing some prose works written in Arabic and Persian. Çihil-nām al-Manẓūm, written in Arabic prose and known as Asmā al-Idrīsiyya it can be seen as a free stsyle translation of the prophet Idrīs. Forty names in the content of the work, their proper-ties, when, how much and how to read is explained. In this study, firstly the information about the subject of Qurʾān, hadith, Arabic, Persian and Turkish literature in the beautiful names of God is provided. Then, the information about the poet Fażāyī was given. Çihil-nām al-Manẓūm was introduced and the transcriptional form of the text was given.SummaryOne of the reasons that deeply affect a nation is the change of religion. This change did not only affect the individual but also influenced the society in which he was born and grew. One of the nations with strong influence is the Turks. Turks, after Islamization, have estab-lished a new civilization. One of the areas where this Islamic civilization reflects is the literary aspect of society. In this literature, which has begun to be formed, religious genres such as tawhīd, munājāt, nʿat, mawlid, hilya, hijrah-nāma, shafāʿat-nāma, miʿrāj, qisas al-anbiya, ramaḍāniyya, have been revealed. One of them is about God. Religious literary writings about God were written in the form of tawhīd and munājāts, which consist of one or more prophets found at the head of the dīwāns, or as the annotations of asmā al-ḥusnā or as khawaṣṣ asmā al-ḥusnā.In time, the need for some Turkish literary and scientific works to be translated into a different language were born. It can be seen that with some changes such as subtraction and addition, texts are rewritten or poetic works are translated into prose. The original of our research subject Çihil-nām al- Manẓūm’s is written in Arabic and prose. Çihil-nām al-Manẓūm, it is a munājāt of the work known as Asmā al-Idrīsiyya, which describes the call of prophet Idrīs.Asmā al-ḥusnā is a religious term used mostly to describe the attributes and names of God. In the Qurʾān, there is no information about the number of asmā al-ḥusnā mentioned as a concept. However, the number of the names of God in the Qurʾān is 155. This number is differ-ent in ḥadīths. It is widely accepted that the number of asmā al-ḥusnā is 99. Some Islamic schol-ars have argued against such restricting statements, arguing that ninety-nine names, such as the hiding of the Night of Qadr, were hidden in all Divine names during the month of ramaḍān, while others suggested that the number of ninety-nine was large number of asmās (names).The first examples of asmā al-ḥusnā were written in Arabic literature. Some of them are not detached: Abū Manṣūr al-Māturidī (d. 333/944) Kitāb al-Tawḥīd, Abū ʿAbdullāh al-Ḥalīmī (d. 403/1012) al-Minhāj fī shuʿabiʾl īmān, Taḳī al-Dīn Ibn Taymiyya (d. 728/1328) al-Īmān. A part of asmā al-ḥusnās is also a single work: Abū Isḥāq al-Zajjaj (d. 311/923) Tafsīr al-asmāi’llāh al-ḥusnā, Aḥmad b. Husayin al-Bayhaḳī (d. 458/1066) al-Asmā al-ṣifāt and ʿAbd al-karīm b. Havāzin al-Quşayrī (d. 465/1072) Sharḥ al-asmāi’llāh. In addition to Arabic, it is useful to talk about some of the asmā al-ḥusnās which is written in Persian. Muḥammed al-Shrāzī al-Nishāburī (d. 904/1498) al-Risāla der-asmā al-ḥusnā, Çarkhī Yaʿḳūb b. ʿOthmān (d. 851/1447) Sharḥ al-asmāi’llāh and ʿAbd al-Raḥmān Aḥmad al-Jāmī (d. 898/1492) Muʿammā al-Jāmī.Islamic nations have created an enormous collection of literature about God. Among them, asmā al-ḥusnās has a special importance. Many asmā al-ḥusnā were written in Turkish literature. The most famous among the verses of Ibn Isa b. Majduddīn ʿĪsā Saruḥanī (d. 967/559) is Sharḥ al-asmā al-ḥusnā. Other than that, Ḥusayin b. Aḥmad Sirozī (d. 1000/1401) Sharḥ asmā al-ḥusnā, Aḥmad Shākir Pasha (d. 1234/1818) Rawḍ-ı Ward, Ibrahim Mahdī (d. 1345/1926) al-Kanz al-asmā fī sharḥ al-asmā al-ḥusnā and Bijaqji-zāda Ismā‘īl Haqqi b. ʿOthmān (ö.1352/1933) Asmā al-ḥusnā’s naẓman tafsīr this work is shown among the major works written in this field. Again, the works of the late Sheykh-oghlu Muṣṭafā (d. 817/1414) Khawaṣṣ al-asmā al-ḥusnā, Ṣubḥī al-Bursawī (n.d.) Sharḥ al-manẓūm al-asmā al-ḥusnā, Ḥākim Sayyid Maḥmad Afandi (d. 1184/1770) Sharḥ manẓūm al-asmā al-ḥusnā, Lāmiʿ Jelebi (d. 938/1532) Sharḥ al-muʿammayāt ʿalā asmā al-ḥusnā, Ḥamdī Afandi (n.d.) Sharḥ al-manẓūm al-asmā al-ḥusnā, Naḥīfī (d. 1151/1738) Manẓūm al-asmā al-ḥusnā, ʿAbd al-Majīd b. Naṣūḥ Ṭosyavī (d. 996/1588) Sharḥ al-asmā al-ḥusnā can be listed among other notable works.In this study, a khawaṣṣ al-asmā al-ḥusnā is examined. Khawaṣṣ; khāṣṣ and khāṣṣa are the plural of the words khawaṣṣ al-wukalā, khawaṣṣa al-balda, the properties of some drugs, khawaṣṣa al-Qurʾān al-karīm, khawaṣṣa al-ism al-aʿẓam; a force that is found in something and not from others means special case. The verses of the Qurʾān, the rings, the hours of the days, some prayers, the names of God have some of the accents. It is believed that the desire of the person who reads them in certain conditions, in a certain amount, or in any manner, in specific hours, will occur. The fact that the concept of khawaṣṣ met these meanings allowed him to acquire scientific knowledge and to call it “khawaṣṣ science” characteristic in the literature.The works that deal with the Qurʾān and the asmā al-ḥuṣnā are written. Some of these works written in Arabic and Turkish literature are: Risāle fī khawaṣṣ al-asmā al-ḥusnā: Zunnūn al-Miṣrī, Khawaṣṣ al-Qurʾān: Ghazālī, ʿIḳdu al-manẓūm fī khawaṣṣ al-ḥurūf: Muḥyī al-Dīn al-ʿArabī, Asmā al-Idrīsiyya: Shāb al-Dīn al-Suhrawardī, Khawaṣṣ al-asmā al-ḥusnā: Shakh-oghlu Muṣṭafā, Sharḥ al-manẓūm al-asmā al-ḥusnā: Ṣubḥī al-Bursawī, Sharḥ al-asmā al-ḥusnā: Ibn ʿIsā b. Majd al-Dīn Ṣaruhanī, Manẓūm al-asmā al-ḥusnā sharḥ: Ḥākim Sayyid Maḥmad Afandi, Manẓūm al-asmā al-ḥusnā: Naḥīfī, Sharḥ al-asmā al-ḥusnā and khawaṣṣuhā: Imām Shabrāwī.One of the works in which asmā al-ḥusnā was described is attributed to prophet Idrīs. Among the miracles of prophet Idrīs, there have been intresting miracoulus performances such as possessing the knowledge of astronomy, fortune, mathematics, plants, writing, sew-ing, using the scales and strange art. The mysterious secrets were revaled to him in 30 ṣuḥuf. His major miracles are governing spiritual beings, knowing the properties of the beings and possessing the knowledge of various unknown things. Again, he wrote a book about the char-acteristics of letters. Aristotle later wrote a commentary using the majority of the information found in this book. Some of the works are written to narrate the Prophet Idrīs’s praising God with forty names:Muḥammad al-Tunisian, al-Ravḍatu al-Sundusiyya fī asmā al-ḥusnā al-Idrīsiyya al-Suhrawardiyya; Shāb al-Dīn Yaḥya b. Ḥabash al-Suhrawardī, Çihil-nām. Among these, the most famous is the work called Asmā al-Idrīsiyyā, written by Suhrawardī. Here, in addition to the asmā al-ḥusnā (forty names), prayers, prayers, conquests, their meanings, and the merits of reading them are explained. The book is written in Arabic. Many copies of this work have been identi-fied. Here are a few of these: Sulaymāniyya Hagia Sophia, K. 1870; Sulaymāniyya, Hagia Sophia, 377; Bāyazıd State Library 1314; National Library A005133-03 23b-33a; Adana Public Library 140; National Library, 06 Mil Yz A 9084/6.The works describing Asmā al-Idrīsiyya were written as prose. The work examined in this study was written as a manuscript. Çihil-nām-ı Manẓūm is distinguished from the others in this respect. Another point that makes the study important is the fact that Çihil-nām-ı Manẓūm has a very old period, this is written in the fifteenth century. (shrink)