Background Integrating artificial intelligence (AI) into healthcare has raised significant ethical concerns. In pharmacy practice, AI offers promising advances but also poses ethical challenges. Methods A cross-sectional study was conducted in countries from the Middle East and North Africa (MENA) region on 501 pharmacy professionals. A 12-item online questionnaire assessed ethical concerns related to the adoption of AI in pharmacy practice. Demographic factors associated with ethical concerns were analyzed via SPSS v.27 software using appropriate statistical tests. Results Participants expressed concerns (...) about patient data privacy (58.9%), cybersecurity threats (58.9%), potential job displacement (62.9%), and lack of legal regulation (67.0%). Tech-savviness and basic AI understanding were correlated with higher concern scores (p < 0.001). Ethical implications include the need for informed consent, beneficence, justice, and transparency in the use of AI. Conclusion The findings emphasize the importance of ethical guidelines, education, and patient autonomy in adopting AI. Collaboration, data privacy, and equitable access are crucial to the responsible use of AI in pharmacy practice. (shrink)

This paper is concerned with the estimation of the Weibull generalized exponential distribution parameters based on the adaptive Type-II progressive censored sample. Maximum likelihood estimation, maximum product spacing, and Bayesian estimation based on Markov chain Monte Carlo methods have been determined to find the best estimation method. The Monte Carlo simulation is used to compare the three methods of estimation based on the ATIIP-censored sample, and also, we made a bootstrap confidence interval estimation. We will analyze data related to the (...) distribution about single carbon fiber and electrical data as real data cases to show how the schemes work in practice. (shrink)

In this study, the drawbacks of using some religious concepts produced in the tradition of Western thought directly in their studies on Islamic belief will be discussed. The claim in question will be put forward within the framework of the concepts of deism, atheism and especially theism. Especially by reviewing the philosophy of religion studies made in Turkey, the fact that the three concepts mentioned are directly transferred to the philosophy of religion studies carried out in the Islamic world will (...) be revealed as a problem and this situation will be defined as the reduction of Islamic belief to some other concepts. The aim to be achieved by emphasizing such a problem is to ensure that the principles of Islamic belief are understood in their own meaning without reducing them to other meanings. Because every concept produced within the tradition of Western thought is directly related to its own intellectual and practical past. For this reason, when a solution or criticism that is formed in a different sense or dependent on a certain practical past is brought to Islamic thought, the philosophical and practical past of those concepts will also be carried. However, every belief should be evaluated by considering its own meaning and history. Evaluating this problem through concepts that Islam directly rejects, such as deism and atheism, is more understandable than the concept of theism. However, when it comes to the concept of theism, the subject becomes quite complex. Because in almost all sources, Islam is defined as a theistic religion and this is considered as a necessary pre-acceptance for the Islamic belief. However, theism is the understanding of God in modern Western thought, in which Descartes rationalism and Newtonian mechanics are accepted as the dominant element. Such an understanding of God, built within the epistemic boundaries of the thinking subject, is incompatible with the Islamic conception of God. (shrink)

This study examines the influence of the COVID-19 crisis on academic expectations among international students from north-western China. According to past studies, academic expectations are multifaceted, making it critical to test the methods employed to assess this fundamental trait. The outbreak of COVID-19 has resulted in various significant changes in education, which have shifted from traditional to online or mixed formats. As a result, examining international students' academic expectations along with their interactions with adopted technologies is a topic that addresses (...) the current situation and issues. A mixed approach, comprising two different instruments, was followed to achieve this primary objective. While a survey with a questionnaire was undertaken with 551 international students, divided into two groups, ten students were interviewed during and after the lockdowns. The findings revealed that COVID-19 had a significant impact on the academic expectations of students as well as many elements such as training for employment, personal and social development, international student mobility, motivation, social pressure, and social interaction with the help of supporting technologies. In terms of gender, men outperformed women in motivation, social interaction, training for employment, and personal and social development factors. Similarly, as per the grade variable, the same higher trend was seen in postgraduates. Based on these findings, a set of recommendations was put forward. In the future, technology will be helpful in China's educational sector, such as online group collaboration, open education, managing student retention, and supervising teachers' recruitment. (shrink)

Farabi defines “Ilm al-Hiyal” in Ihsa al-Ulum as “knowing a way by which, human can adjust all of the concepts that have been proved in mathematics with verification to exotic objects, and helps their states in exotic objects to be carried”. He believes this will be recognized and be attained by craft. This was the common view in Islamic wisdom and philosophy in third and fourth Hijra centuries. Researchers believe that the unique emphasis on parallelism between theoretical science and practical (...) work is an important feature of Baghdad school and affected Islamic visual culture. Baghdad school had been affected by translation. In this way, Ikhwan-al-Safa, whom wrote the first encyclopedia of science in Islamic culture, had a very efficient role. They devised geometry into intellectual and sensual ones in the second part of their book, al-Rasa-el, and considered intellectual geometry as one of the middle philosophy and recognition and understanding factor for meaning of sensual geometry evidences. They insisted on basic situation of intellectual geometry in guidance of whom, want to learn intellectual things from sensual ones. They knew intellectual geometry as the factor for requiring skill in scientific crafts, and sensual geometry as the factor of practical crafts, and made a vast relation between them. They also defined end of intellectual geometry understanding the base of all sciences and the main factor of wise, essence of self. Important feature of Ikhwan-al-Safa’s wisdom is omitting the gap between theory and practice, making a vast relation between them, which affected the meaning of crafts in Islamic culture, and rendered a spiritual feature to crafts and arts. It seems this relation has created the concept of traditional arts, and integrating wisdom and crafts in Iranian-Islamic culture constructed all of the Fotowat-Nam e. This article reviews the concept, which affiliates theory and practice in third and fourth centuries and has a deep effect on recognition of art and craft in Islamic culture. (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)

The resistance of Muslims to shamanism began when lies of the shamans were exposed on social media. Many shamans practise fraud under the guise of religion. Magical objects such as luminous daggers or stones that emit smoke, used by shamans as occult actors are also known to be objects of magic tricks that are sold freely and can be used by anyone. Scholars also continuously preach that Muslims’ belief in shamans is forbidden. Therefore, Muslims in Indonesia fear that believing in (...) shamans degrades human dignity and makes worship unacceptable. The purpose of this research is to identify the factors that cause the resistance of Muslim youth to shamanism. This study used a cross-sectional design which was conducted by interviewing 3025 Muslim youths who had the desire to highlight shamanism phenomena in North Sumatra. The analysis in this study used a logistic regression test with Jeffreys’s Amazing Statistics Program (JAPS 16 software). The results of this study indicate that Muslim youths have a high resistance to shamanism. The resistance of young Muslims to shamanism is influenced by emancipative Islamic theology ( p < 0.001; Exp [β] = 2.504) and hifz al-din [maintaining religion] ( p = 0.001; Exp [β] = 2.293). Muslim youths have high resistance to shamanism due to the fear that this culture will reduce the dignity of the human caliphate if it is subject to anyone other than Allah. Muslim youth also have high resistance to shamanism because they are of the view that shamanism makes worship unacceptable to Allah SWT. Contribution: This article explains the resistance of Muslim youth to shamanism. It also demonstrates how Muslims live in a multicultural society. (shrink)

This paper argues that professionals who make boundary-related decisions should be guided by relationship-based practice. In our roles as service users and professionals, drawing from our lived experiences of professional relationships, we argue we need to move away from distance-based practice. This includes understanding the boundary stories and narratives that exist for all of us – including the people we support, other professionals, as well as the organisations and systems within which we work. When we are dealing with professional boundary (...) issues, we should centre relationship-building skills that are central to many other aspects of our work. Skills that foster relationships at all levels – between professionals, service users, and services – need to be revalued. Our final recommendation is to create, develop, and foster safer spaces within and outside of organisations, as well as inter-professionally, for the discussion and exploration of boundary-related issues and practice. We are interested in hearing from those with experiences of being marginalised by boundaries so that they can inform a reshaping of our collective ideas around boundary related practices. To foster relationship-based practices in organisations, we have outlined several recommendations here; however, we recognize that these do not go far enough, and that collective action is needed to inform systemic change. (shrink)

In Rousseau’s Social Contract, political laws are rationally binding because they satisfy the interests that motivate individuals to obey such laws. The later books of Emile justify morality by showing that it is continuous with the natural dispositions of a well-brought-up subject and is thus conducive to genuine happiness. In both the moral and political cases, Rousseau argues for an internal connection between the rational ground of an obligation and the broader aspects of human psychology that are satisfied and expressed (...) by acting from that obligation. Yet, inspired by Kantian philosophy, the recent and influential Social Autonomy interpretation has disjoined rationality and psychology. Criticising this interpretation, I argue that for Rousseau, obligations are justified because they satisfy the demands made by our moral psychology, most notably amour-propre, i.e. the desire to have one’s worth recognised by others. (shrink)

As the world keeps advancing, the need for automated interconnected devices has started to gain significance; to cater to the condition, a new concept Internet of Things has been introduced that revolves around smart devicesʼ conception. These smart devices using IoT can communicate with each other through a network to attain particular objectives, i.e., automation and intelligent decision making. IoT has enabled the users to divide their household burden with machines as these complex machines look after the environment variables and (...) control their behavior accordingly. As evident, these machines use sensors to collect vital information, which is then the complexity analyzed at a computational node that then smartly controls these devicesʼ operational behaviors. Deep learning-based guessing attack protection algorithms have been enhancing IoT security; however, it still has a critical challenge for the complex industries’ IoT networks. One of the crucial aspects of such systems is the need to have a significant training time for processing a large dataset from the networkʼs previous flow of data. Traditional deep learning approaches include decision trees, logistic regression, and support vector machines. However, it is essential to note that this convenience comes with a price that involves security vulnerabilities as IoT networks are prone to be interfered with by hackers who can access the sensor/communication data and later utilize it for malicious purposes. This paper presents the experimental study of cryptographic algorithms to classify the types of encryption algorithms into the asymmetric and asymmetric encryption algorithm. It presents a deep analysis of AES, DES, 3DES, RSA, and Blowfish based on timing complexity, size, encryption, and decryption performances. It has been assessed in terms of the guessing attack in real-time deep learning complex IoT applications. The assessment has been done using the simulation approach and it has been tested the speed of encryption and decryption of the selected encryption algorithms. For each encryption and decryption, the tests executed the same encryption using the same plaintext for five separate times, and the average time is compared. The key size used for each encryption algorithm is the maximum bytes the cipher can allow. To the comparison, the average time required to compute the algorithm by the three devices is used. For the experimental test, a set of plaintexts is used in the simulation—password-sized text and paragraph-sized text—that achieves target fair results compared to the existing algorithms in real-time deep learning networks for IoT applications. (shrink)

In this chapter, we examine different views of the structure of justification, including foundationalism, infinitism, and coherentism. We investigate how well or poorly they seem to do in responding to the regress problem, accommodating a robust connection between justification and truth, and getting the contours of justification right—i.e., making justification neither too easy nor too hard to get. We end by briefly discussing some challenges to finding a single sense of “foundational belief” defining the debate.

A central project of traditional epistemology is to address skeptical questions and concerns regarding the rationality or epistemic justification of our empirical beliefs, especially beliefs regarding the external world, with the aim of understanding what makes it possible for such beliefs to have or lack justification, and of determining how much justification we have. A prominent anti-skeptical view in the history of epistemology, a view I shall call classical foundationalism, can be distinguished from other more contemporary versions of foundationalism in (...) part on the basis of two central commitments: (i) the traditional methodological commitment to carry out the project of addressing skepticism “from the armchair,” i.e., on the basis of what can be determined by a posteriori deliverances of introspection and a priori use of reason and reflection, without relying on empirical or scientific research that presupposes the existence of any external world of material objects (including armchairs); and (ii) a substantive commitment to the doctrine of the given, understood roughly as the view that empirical beliefs ultimately depend for their justification on a direct or immediate awareness of reasons to think these beliefs true, reasons simply “given” to us in conscious experience. -/- There has been a recent resurgence of interest in classical or “old-fashioned” varieties of foundationalism, and the debate seems, in some ways, to be repeating itself. Critics object that these attempted resurrections of classical foundationalism are just attempts to square the same old circles.”They argue that there are decisive or clearly sufficient reasons to deny that such a view can be right, let alone that an adequate theory can be developed that is defensible in all its essential details. I think that these critics are either missing the point of the traditional project, misunderstanding classical foundationalism, or exaggerating the severity of the problems they raise. -/- I will show that a number of common arguments against classical foundationalism are not nearly as worrisome as their proponents think. In Chapter 2, I defend classical foundationalism against the Sellarsian dilemma, and provide prima facie support from examples for the availability of foundational empirical beliefs. I then discuss some recent classical foundationalist accounts of the justification of foundational beliefs, argue that these accounts are less than satisfactory, and develop an account of my own. In Chapter 3 I defend classical foundationalism, as a version of internalism, against Bergmann’s recent dilemma for internalism. Finally, in Chapter 4, I take up the issue of skepticism about the external world, and, in closing, the related issue of whether any beliefs about the external world can themselves be empirically foundational. (shrink)

Nowadays, mobile telephony interruptions in our daily life activities are common because of the inappropriate ringing notifications of incoming phone calls in different contexts. Such interruptions may impact on the work attention not only for the mobile phone owners, but also for the surrounding people. Decision tree is the most popular machine-learning classification technique that is used in existing context-aware mobile intelligent interruption management model to overcome such issues. However, a single-decision tree-based context-aware model may cause over-fitting problem and thus (...) decrease the prediction accuracy of the inferred model. Therefore, in this paper, we propose an ensemble machine-learning-based context-aware mobile telephony model for the purpose of intelligent interruption management by taking into account multi-dimensional contexts and name it “E-MIIM”. The experimental results on individuals’ real-life mobile telephony data sets show that our E-MIIM model is more effective and outperforms existing MIIM model for predicting and managing individual’s mobile telephony interruptions based on their relevant contextual information. (shrink)

The sociolinguistic turn of the 1960's has been remarkably successful: variability of language is no longer an issue open to debate. But studies of variation have by and large been restricted to the level of expression. This volume makes a contribution to a neglected area in sociolinguistics, namely variation at the level of meaning, i.e., semantic variation. The chapters in this volume discuss the results of an empirical research strongly supporting the view that systematic variation in the choice of semantic (...) elements occurs across different social strata: mothers and their young children less than four years old showed a highly consistent, statistically significant, orientation to distinct styles of meaning, which correlated with their social positioning. The comparison of kindergarten teachers' ways of meaning with those of mothers', not surprisingly, reveal that teacher talk is an exaggerated version of middle class mothers' talk. Findings of this research are relevant to any serious discourse about equitable education. (shrink)

Zusammenfassung In der vorliegenden Untersuchung wird eine Methodik zur Prognose des sportlichen Erfolgs eines Fußballunternehmens in der Bundesliga aufgezeigt. Um der begrenzten Prognostizierbarkeit des sportlichen Erfolgs Rechnung zu tragen, berücksichtigt das Prognosemodell neben der relativen Spielergehaltssumme, dem relativen Trainergehalt und der Vereinseffizienz explizit den Zufall als Einflussgröße. Das Prognosemodell wird dabei mit Hilfe einer empirischen Untersuchung der Spielzeiten 1996/1997 bis 2002/2003 validiert und spezifiziert. Die Prognose des sportlichen Erfolgs erfolgt mittels Monte-Carlo-Simuladon. Dementsprechend liefert das Prognosemodell keinen einzelnen Erwartungswert für die (...) Platzierung, sondern eine Wahrscheinlichkeitsverteilung. Hieraus lassen sich Wahrscheinlichkeiten für unterschiedliche sportliche Szenarien, wie z.B. den Gewinn der Deutschen Meisterschaft oder die Champions League-Qualifikation, ableiten. Die so ermittelte Wahrscheinlichkeitsverteilung der Platzierung ist wiederum geeignet, für die Einnahmenverteilung eines Fußballunternehmens ebenfalls Wahrscheinlichkeiten zu ermitteln. (shrink)

In seeking to found a ‘new political logic’, Badiou argues that we can only retrieve the political sense of concrete negation through its subordination to a prior field of affirmation: i.e. the opening of a new possibility inside a given historical situation, or ‘the event’, that may be politically realised through the creation of a ‘new subjective body’ consisting in the social affirmation of those new possibilities. Revolutionary politics is therefore said to rest on a synthesis of, on the one (...) hand, democracy in the sense of spontaneous mass-political irruption, and, on the other, a prescriptive elaboration of the ramifications of the event. The discussion then turns to the question of strategy – outside and against the politically moribund State-form – and his reconfiguration of political universality vis-à-vis the formulations of classical Marxism. Badiou counterposes capitalist ideology’s implicit anthropology of self-interested animals to his own of subjects embodied in a generic truth-procedure and its concomitant model of political rights, where what is ultimately at stake is ‘the complete transformation of the form of... difference, of the way the difference exists’ rather than a materialist dialectics of antagonistic contradiction. The interview concludes with Badiou clarifying his relationship to Lacanian psychoanalysis as an essential but by no means exhaustive conceptual armoury for understanding the relation between subject and event. (shrink)

Syed Abul Aʻla Maudoodi, 1903-1979, founder of Jamaat-e Islami, religio-political party of Pakistan and Abulḥasan 'Alī, Nadvī, b. 1913-1999, Islamic scholar.

El análisis del islam en Sudán muestra la gran variedad de aproximaciones al objeto de estudio, la diversidad de sus lecturas y el reiterado recurso a los principios religiosos para justificar o legitimar las cuestiones políticas y de Estado. El islam sudanés, en sus diferentes manifestaciones, ha traspasado las fronteras nacionales y ha contribuido al islam africano, árabe y mundial. Eso desde el siglo XIX cuando surgió un primer proto-estado islámico de la mano de esa figura mesiánica que fue Muhammad (...) Ahmad Ibn Abdallah, el Mahdi, hasta el pensador y hombre de Estado Hasan al-Turabi en pleno siglo XX. Analizaremos tres dimensiones: el islam reformista de Mahmud Muhammad Taha, el islamismo sudanés conducido por al-Turabi y el papel del sufismo en la religiosidad popular y en la política sudanesa, y su reciente confrontación con las tendencias salafíes activas en el país en lo que parece ser una nueva lucha por el espacio socioreligioso del siglo XXI. (shrink)

Dal 1980 sappiamo che Hasan Hanafi (1935-2021) aveva un progetto di vita che ha descritto come un triangolo. Il lato più lungo del triangolo è costituito dai suoi studi sull’eredità islamica e, in particolare, sul _ʿIlm usūl al-fiqh, La scienza dei fondamenti della giurisprudenza_. Un altro lato è costruito dalla sua analisi e critica del patrimonio occidentale. Il terzo lato riguarda la vera “realtà”, e per H. Hanafi la realtà è il Corano. L’articolo esamina il suo libro dedicato a (...) questo tema: fu il suo ultimo libro. Since 1980 we knew that Hasan Hanafi (1935-2021) had a lifelong project that he described as a triangle. The longest side of the triangle is made by his studies on the Islamic heritage and, in particular, on the _ʿIlm usūl al-fiqh, The science of the fundamentals of source law_. Another side is built by his analysis and criticism of the Western Heritage. The third side concerns true “reality”, and for H. Hanafi reality is the Koran. The article examines his book devoted to this issue: it was his last book. (shrink)

Standard language, which follows rules of dictionary and grammar, undergoes various changes when it is the subject of literature, especially poetry. These changes, called linguistic deviation, are due to the poet’s expression of his feelings and thoughts by forcing the possibilities of language. In this direction, language deviations can be defined as the dispositions where the author goes out of the standard language, as in the examples of changes in the pronunciation (ṣavt), form (ṣarf) or spelling (kitābet) of the words, (...) the derivation of new words that are not used in the language (irticāl) and the deterioration of the syntax (naḥv). According to many literary critics such as Ibn Hishām al-Ansārī (d. 761/1360) and ʿAbd al-Qādir al-Baghdādī (d. 1093/1682), this language used by Arab poets who were not influenced by foreign languages, namely the Cāhilī, Muḥaḍram and Islāmī poets (ḳudemâ), was acceptable and it is considered as ḍarūrātuş-şiʿriyye (poetry necessities). In this context, deviations that do not comply with the standard language are tried to be explained with dialect differences, different variants of the couplet or various interpretations. However, some scholars such as Ibn Fāris (d. 395/1004) and Abū al-Ḥasan al-Jurjānī (d. 392/1001-1002) argue that these usages are laḥn (linguistic mistakes). According to these names, it is not correct to explain the poets’ use, which are contrary to the standard language rules, with excessive interpretations (takalluf). Assuming that linguistic deviations are laḥn, they cannot represent a superiority in terms of literary value, but when considered as a necessity, they represent a superiority within the framework of certain criteria. But any specific criteria have been determined before about which linguistic deviations represent the superiority. Therefore, in our study, the theories put forward about the accuracy of linguistic deviations that exceed the standard language rules will be examined and the necessary criteria for them to represent a superiority will be determined. In this direction, the difference in meaning and form that this deviation adds to the expression becomes important. If the language deviation, which is contrary to the standard sentence structure, does not comply with the language rules in any aspect and does not add any superiority to the poem in terms of meaning and form, it does not seem possible for such uses to represent a more fluent and persuasive language (al-Balāgha). However, the language deviation reveals a new meaning or form that is not found in the standard expression, and if this usage complies with the standard language rules, it represents a more eloquently language. The degree of violation of the purity and perfection of language (faṣāḥa) of a statement is related to the violation of qiyās (analogy?) and grammatical incongruity mentioned in the rhetoric books. The contravention of common language rules of these uses, which are not considered faṣīḥ, varies. As a matter of fact, some of these were seen as minor mistakes that could be ignored, while others were considered as major mistakes. For this purpose, a conceptual framework about linguistic deviations is drawn at the introduction of the article, and the literary theories on the subject are examined in the first chapter. In the second part, it is argued that linguistic deviations represent a superiority depending on certain criteria by giving examples from the poems of the period of Jāhilīyah. (shrink)

Türk ve İslam tarihinin kırılma noktalarından birisi 1040 yılında Selçuklular ile Gazneliler arasında cereyan eden Dandanakan Savaşı’dır. Savaşın ardından Selçuklular hızlı bir yükselişle özellikle Sünnî İslam coğrafyasında etkin ve belirleyici güç haline gelmiştir. Göçebe kültürden gelen ve bir oba hüviyetinde iken çok kısa bir sürede önlenemez bir şekilde hâkimiyet alanını Türkistan coğrafyasından Anadolu içlerine kadar genişleten Büyük Selçuklu Devleti, kurumsal olarak da olgunlaşmaya başlamıştır. Bu noktada hem merkezi yönetimde hem de vilayetlerde ortaya çıkan yetişmiş eleman ihtiyacını birçoğu daha önce Gazneli (...) devlet teşkilatında görev yapmış Fars asıllı devlet adamları karşılamıştır. Bu isimlerden birisi de ileride Nizâmülmülk adıyla şöhret bulacak ve namı isminin önüne geçecek olan Hasan b. Alî b. İshâk et-Tûsî’dir. Nizâmülmülk, devlet gücünün askeri alanda elde edilen zaferlere endekslendiği bir dönemde askerî, idarî, ilmî ve ekonomik alanda attığı adımlar ve aldığı tedbirlerle Büyük Selçuklu Devleti’nin kurumsallaşmasında son derece etkin bir isim olmuştur. Bu etkinlik neticesinde hem halk hem de devlet adamları nezdinde saygın bir yer edinmiştir. Bu çalışma çerçevesinde Nizâmülmülk’ün devlet bürokrasisi içerisindeki konumuna, hükümdar ve hanedan üyeleri ile olan ilişkilerine ve vezirlik sürecinde attığı adımların Selçuklu tarihine yansımalarına değinilecektir. Özet: Devlet kademesinde görev almaya Gazneliler Devleti’nin Horasan Valisi Ebü’l-Fazl Sûrî’nin yanında başlayan Nizâmülmülk, Horasan Bölgesi’nin Selçukluların kontrolüne geçmesiyle birlikte hizmetlerine Selçuklu Devleti’nde devam etmiştir. Çağrı Bey’in hizmetinde rüştünü ispat eden Nizâmülmülk, Çağrı Bey’in en güvendiği isimlerden biri haline gelmiştir. Öyle ki, Çağrı Bey ileride önce Horasan’ın sonrasında tüm Selçuklu yurdunun yönetimini üstlenecek olan oğlu Alparslan’ı Nizâmülmülk’e emanet etmiş, oğluna da Nizâmülmülk’ü bir baba olarak kabul etmesini, ona muhalefet etmemesini öğütlemiştir. Alparslan, babasının tavsiyeleri ve üvey kardeşi Süleyman ile giriştiği taht mücadelesinde gösterdiği yararlılık münasebetiyle devletin en önemli idari görevi olan vezirlik makamını Nizâmülmülk’e tevdi etmiştir. Bu dönemden itibaren vefatına kadar, yaklaşık 30 yıl kesintisiz bir süreyle Büyük Selçuklu Devleti’nin vezirliğini yapmış ve V./XI. yy.’ın ikinci yarısından itibaren Büyük Selçuklu siyasetinin en etkin figürü haline gelmiştir. Melikşah’ın tahta geçebilmesinin Nizâmülmülk ile ilişkilendirilmesi, onun döneminde elde edilen başarıların ve devlet sisteminin düzenlenmesi, şehirlerin imarı, ekonominin güçlenmesi gibi ülke içerisinde yaşanan olumlu gelişmelerin Nizâmülmülk’ün marifetiyle gerçekleştirildiğinin dillendirilmesi, Tanrı tarafından yeryüzünü yönetmek ve inşa etmek için seçildiği düşünülen bir sultan varken bir vezirin devlet için nimet olarak gösterilmesi sultanın vezirine bakışını etkilemiştir. Bu noktada üzerinde durulması gereken hususlardan birisi de Nizâmülmülk’ün kendisini nasıl gördüğü ve devlet içerisinde kendini nerede konumlandırdığıdır. Nizâmülmülk’ün Sultan Melikşah’a verdiği bir cevapta devletin geldiği noktayı ve sultanın mevcudiyetini kendi varlığıyla eşleştirmesi, tarihinin gördüğü en yetenekli vezirlerden biri olan Nizâmülmülk’ün özgüveninin son derece yüksek ve kendisini kudret sahibi olarak gördüğüne işaret etmektedir. Bu anlamlandırma halk nezdinde herhangi bir kutsiyeti bulunmayan vezirlik makamındaki bir kişinin, toplum nezdinde Allah tarafından seçildiğine inanılan kutlu kişiye meydan okutan gücü kendisinde hissetmesinin kaynağını sorgulatmaktadır. Aranan cevap Nizâmülmülk’ün vezirlik sürecinin çeşitli başlıklar altında ve bu başlıklara dair verilecek örneklerle incelenmesi neticesinde onun devletin iç işleyişine etkisinin tespitinde ve farklı kesimlerle kurduğu ilişkide saklıdır. Nizâmülmülk, Selçuklu tahtına karşı sıkı bir bağlılık göstermiştir. Bu bağlılığını lüzumu halinde savaş meydanında göğüs göğüse çarpışarak sergilemiş, gerekli olduğunda kıvrak zekâsı ile sorunları devlet için tehlikeli boyuta gelmeden çözmüş, siyasi öngörüsü ile aldığı tedbirler sayesinde devletin büyümesine katkı sağlamıştır. Onun bu sadakati ve samimiyeti, Selçuklu sultanları tarafından karşılık bırakılmamış, Alparslan vezirinin fikirlerine büyük önem verip tercihlerini bu doğrultuda şekillendirirken, aleyhine söylenen sözlerin hiçbirine kulak asmamıştır. Melikşah da, bir anlamda kendisine Selçuklu tahtını veren Nizâmülmülk’e gerekli hürmeti göstererek bütün devlet işlerinin yürütülmesini ona tevdi etmiş ve kendisini bir “baba” gibi gördüğünü ifade etmiştir. İlaveten Selçuklu tarihinde bir ilk olmak üzere Melikşah, Nizâmülmülk’e atabeg (el-emîrü’l-vâlid) unvanını vermiştir. Melikşah, Büyük Selçuklu tahtındaki ilk yıllarını, gençliğin etkisiyle, polo oynayıp, büyük av partileri düzenlemekle geçirmiş ve bundan dolayı devlet içerisinde bütün güç Nizâmülmülk’ün eline geçmiştir. Ortaya çıkan bu durum da “ülke resmen ve ismen sultanın olmakla birlikte gerçekte ‘Nizam’ına kavuştu.” ifadesiyle açıklanmıştır. Ayrıca Melikşah’ın saltanatı döneminde elde edilen askerî, siyasî ve ekonomik başarılar Nizâmülmülk’ün yeteneği ve devlet işlerinde attığı adımlara bağlanmıştır. Nizâmülmülk, hanedan ile kurduğu ilişkinin yanı sıra devlet kademesinde görev alan farklı zümrelerle de güven üzerine dayalı yakın bir ilişki biçimi geliştirmiştir. Örneğin, Nizâmülmülk’ün katıldığı askerî seferlerde bir nefer gibi askerlerin içerisinde savaşa katılması ordu içerisinde kendisine saygı duyulmasına yol açmıştır. Ayrıca, Melikşah ile Kirman Hâkimi Kavurd Bey arasındaki taht mücadelesinde Melikşah’ın safında yer almakla birlikte Kavurd Bey’i destekleyen bazı isimlerin yazdıkları destek mektuplarının ortaya çıkmasına engel olarak hem emirlerin korkularını yatıştırırmış hem de itibarını artırmıştır. Nizâmülmülk’ün yakın ilişki içerisinde olduğu bir diğer grup ilmiye sınıfı olmuştur. Bilge vezir, Tuğrul Bey döneminde Amidülmülk Kündürî tarafından takibata uğrayan ve baskılara maruz kalan ilim adamlarının yurtlarına dönebilmelerine imkân sağlamıştır. Bu ilim adamları da yurtlarına dönüşlerini sağlayan isme zihinlerinde ve gönüllerinde her zaman özel bir yer ayırmışlardır. Birçok âlimin çalışmalarını Nizâmülmülk’e ithaf etmesi, diğer saiklerle birlikte, bunun bir göstergesidir. Nizâmülmülk bir adım daha atarak, Sultan Alparslan ve Melikşah’ın müsaadeleriyle, bu ilim adamları için hâkim olunan coğrafyanın her tarafında ilimle iştigal edebilecekleri medreseler inşa etmiştir. Nizâmülmülk’ün adına nispetle Nizamiye Medreseleri olarak isimlendirilen bu medreselerde hem eğitim-öğretim kadrosuna hem de öğrenim süresi boyunca ve de mezun olduktan sonra öğrencilere sunulan imkânlar, insanların medreselere olan ilgisini arttırıyordu. Medreseler eliyle bir taraftan önceki dönemde yerlerinden edilen ve baskıya maruz kalan ilim adamlarına bir borç ödenip iade-i itibar sağlanırken diğer taraftan da Büyük Selçuklu Devleti’nin idari ve adli sisteminin ihtiyaç duyduğu yetişmiş insan gücü inşa edilmiştir. Nizâmülmülk, toplum lehine attığı adımlar ve sorunların çözümüne verdiği önem ile halkın desteğini sağlamıştır. Öyle ki insanların hayatları boyunca ona minnettar kaldığı vurgulanmıştır. Nizâmülmülk halkın sorunlarının çözümüne önem göstermiş ve onlarla yakından ilgilenmiştir. Nizâmülmülk’ün verdiği güven duygusu halkın hoşuna gitmiş ve toplum içerisinde kabul görmesine vesile olmuştur. Nizâmülmülk’ün bir diğer hasleti de fakirlere sofrasını açmasıdır. Böylece onlarla diyalog kurmuş ve gönüllerini kazanmıştır. Her yönüyle eksiksiz bir devlet adamı olan Nizâmülmülk, toplumun her türlü ihtiyacının çözümünü düşünmüş ve bu yönde adımlar atmıştır. Nizâmülmülk’ün toplumun her kesimi ile kurduğu samimi ve yakın ilişki o kadar büyük bir takdir ve beğeni toplamıştır ki bu durum Nizâmülmülk’ün toplum nezdinde sultan itibarı görmesine sebep olmuştur. İlaveten Selçuklu coğrafyasının her yerinden ve toplumun her kesiminden insanın kendisine yönelmesi hasebiyle Kâbe’ye benzetilmiştir. Nizâmülmülk, devlet kademesinde görev alan aile bireyleri, ilişki içerisinde olduğu âlimler, kendi ordusu ve emirleri ile bir güç odağı haline gelmiştir. Bunun sonucunda Nizâmülmülk, 11. yüzyılın son çeyreğinde rakipsiz bir şekilde Büyük Selçuklu siyasetinin en etkin figürü, Selçuklu yönetimini ve politikalarını belirleyen isim ve Selçuklu tarihinin en önemli olaylarında karar mercii olmuş ve sonuçta Selçuklu tarihine damga vurmuştur. İbnü’l-Esîr, Fatımî veziri Bedr el-Cemalî’nin kendisi için kullandığı sayısız lakabı kaydettikten sonra sadece Mısır’a hâkim olan bir devletin veziri bu kadar lakap kullanıyorsa Nizâmülmülk’ün “ilah”lık iddiasında bulunması gerekirdi diyerek hem Selçuklunun azametini hem de Selçuklu devletinde Nizâmülmülk’ün yerini göstermektedir. (shrink)

Qaside-i Khamriyya (meaning Wine Eulogy) of sufi poet Ibn-i Fārıḍ, in which he explained divine love through the metaphor of wine, attracted great attention in Islamic world and was translated into Arabic, Persian and Turkish. Scholars such as Davud-i Qayseri (d. 751 AH/1350 AD), Kemal Pashazāde (d. 940 AH/1534 AD), Abdulghani an-Nablusi (d. 1143 AH/1731 AD), Ibn Acibe (d. 1224 AH/1809 AD) explained this eulogy in Arabic, while poets such as Ali b. Shihābiddin al-Hamadāni (d. 786 AH/1385 AD), Molla Cāmi (...) (d. 898 AH/1492 AD), Idris-i Bitlisi (d. 926 AH/1520 AD) wrote commentaries in Persian. On the other hand, authors such as Abdussalam b. Numan b. Khalil (d. 1000 AH/1592 AD [?]), Ismail Anqaravi (d. 1041 AH/1631 AD), Abdulmacid-i Sivasi (d. 1049 AH/1639 AD), Qara Musṭafa Khulūsi (d. 1344 AH/1926 AD), Meḥmed Naẓım (d. 1345 AH/1926 AD) and Ṭahir al-Mavlavi (d. 1371 AH/1951 AD) translated the eulogy into Turkish. One of the authors who translators of this eulogy was Mehmed Said Efendi, sheikh of Uskudar Salimiya Takka, who lived in the 19th century. His work named Ṭarab-angiz (meaning Pleasure-provoking) is a condensed commentary with ornate prose of Qaside-i Khamriyya. In previous studies, Ṭarab-angiz was partly examined, and there was no mention about the identity and personality of the author. In the present research, the life and personality of Meḥmed Said Efendi is explained and the text of his work is examined.Summary: In Turkish literature which developed under the influence of Islam, translations and commentaries have important a place along with original texts. Coming within the sphere of Islam in early 10th century, Turks embarked on translating the texts immediately in order to learn their new religion and to perform its practices and continued to do so since then. Because they lived in the same culture and civilization climate, Turks learned Islam from Persians and were influenced by Persian language. However, adherents of this new religion also made direct translations from Arabic texts. The translations initially were made from religious works, but in time social, cultural and literary works, such as Persian classics and major eulogies of Arabic Literature, were also translated into Turkish by Turkish scholars. Qaside-i Burde by Ka‘b b. Zuheyr’in (d. 24 AH/645 AD), Qaside-i Nūniyye by Ebu’l-Fetḥ Busti’nin (d. 400 AH/1010 AD), Qaside-i Ṭanṭarāniyye by Ṭanṭarāni’nin (d. 485 AH/1092 AD), Qaside-i Münferice by Ibnu’n-Naḥvi’nin (d. 513 AH/1119 AD), Qaside-i Emāli by Ali b. Othman al-Ushi’nin (d. 575 AH/1179 AD) and famous eulogy named Qaside-i Bur’e by Muḥammed b. Said al-Buṣiri’nin (d. 695 AH/1296 AD) were among such works.Qaside-i Khamriyya by sufi poet Ibn-i Fārıḍ (d. 632 AH/1235 AD), also called sultan of minstrels, in which he explained divine love through wine attracted great attention in Islamic world and was translated into many languages and many commentaries were written on it. One of the commentary writers about this eulogy is Meḥmed Said Efendi, a 19th century sufi. His work entitled Ṭarab-angiz is a condensed commentary with ornate prose of Qaside-i Khamriyya.Studies conducted so far has partly dealt with the Ṭarab-angiz and identity and personality of Meḥmed Said Efendi have never been mentioned. Ṣarac mentioned, “It is a printed work but its writer, printing date, and the place was not found on the printed work”, while Yıldırım used the expression of “a work whose writer and production date is not known.” In his Ph. D. thesis entitled Translation and Commentary Tradition in Classical Turkish Literature in Anatolia, Ṣadık Yazar noted that the work belongs to Meḥmed Said, which was later cited by Aqdag. The final statement on this issue was made by İnce in his work entitled Arabic, Persian and Turkish commentaries of Qaside-i Khamriyya by Ibnu’l Fārıḍ. He examined a total of 18 commentaries and stated that no information is available about the life of Meḥmed Said although he mentioned Ṭarab-angiz.The birth date and place of Meḥmed Said Efendi are unknown. He is grandchild of Ali Behjet Efendi (d. 1238 AH/1823 AD), one of sheiks in Salimiya Dervish Lodge in Uskudar and son of Meḥmed Hidāyetullah Efendi (d. 1288 AH/1871 AD). Following the death of his father, Meḥmed Said Efendi himself served as the head dervish of this dervish lodge for 25 years and became a famous figure. He died in 1313 AH/1896 AD and was buried in the cemetery of the Salimiya Dervish Lodge.Meḥmed Said Efendi was the sixth sheikh of Salimiya Dervish Lodge. In many sources, he was mentioned as a venerable, righteous, devoutly religious, virtuous, polite and scholarly man. Meḥmed Said Efendi is thought to be a member of Mavlavi lodge of Naqshbandi Ṭariqa. He had successors such as Naqshi sheikh Uskudari Balabani Ḥasan Ḥusnu Efendi (d. 1347 AH/1928 AD) and Ismail Efendi (d. after 1307 AH/1890 AD). The poet had a commentary named Ṭarab-angiz in prose form and had a quatrain within the praising eulogy of Sheikh Ḥāmil Efendi (d. 1322 AH/1904 AD), head sheikh of Beylerbeyi Bedevi Dervish Lodge.It is clear from the expression, “A work by Meḥmed Said, the Imam of Central Dervish Lodge of Sultan Salim III,” at the beginning of Edition no: 450 in Suleymaniye Library, Pertev Pasha Collection and from the record of “Work: Ṭarab-angiz, Author: Ibnu’l-Fārıḍ, Translator and postscript writer: Meḥmed Said” in Edition no: 7350 of Marmara University Faculty of Theology Library that this work belongs to Sheikh Meḥmed Said Efendi. However, exact production date of this printed work is not known. The work consisted of 28 pages and in some editions a two-page correct-false chart was added.As usual, the work starts with an introduction section with expressions of “By the name of God, the Most Gracious, the Most Merciful,” “Praise be to God,” and “Peace be upon Prophet Moḥammad.” This section also includes a praise for followers of Prophet Moḥammad, “Who made sphere of prophecy an eternal rose garden through the holy light of their enjoyed manners in addition to making the Shari’a candle shined and and converting them to great flowers of service with their strong inspiration torchs.” The commentator then embarked on praising Qaside-i Khamriyya, mentioning that the men of ability became helpless in explaination of beauty, charm and freshness of unique expression richness and refined allegory blossoms of the eulogy and that reaching the shore of rhetoric could be possible through diving into the guided wisdom of sea. In fact, according to commentator, the men of literature should be aware of the difficulty of translating this unique eulogy into Turkish language. However, everyone should dive into the sea of insight as a knowledge diver, collect its share in pearls of utterance and in emeralds of wits, arrange and put them in the string of prose”. Therefore, he wrote the commentary about the eulogy as a service to humanity and as a contribution to his own stock of comfort in the present and afterlife as much as he could, no matter how little it could be, and named it Ṭarab-angiz. Like most commentators of Qaside-i Khamriyya, Meḥmed Said Efendi commented on only about 33 couplets of the eulogy which contained a total of 41 couplets, and did not cover couplets from 23 to 30 in his work. The commentator used couplet-by- couplet translation method and started with praising for Ibn-i Fārıḍ and his couplets. Then, he gives the Arabic originals of the couplets and starts commentary with the expressions such as “couplets of great intuition, imagery couplets, product of couplet, enlightenment of couplet and concept of couplet.” In preface section of the work, the commentator, who usually quoted hadith texts in Arabic and poems, does not use them in his commentary. He only uses some lines of Arabic prayers and a quatrain of Molla Cāmi (d. 898 AH/1492 AD). This is a quatrain rubāi in Persian language meaning that “If you want no sorrow and no grief of the destiny, drink wine in a pub, because swirling of the goblet and worries of the world do not share the same place just as the tune and the sorrow do not coincide.” The lack of touching on the meaning of words, etymological structure and grammar rules in couplets makes it different from others, except the translation of Aḥmed Ṣāfi Bey. (shrink)

The existence of evil in our world seems to pose a serious challenge to belief in the existence of a perfect God. If God were all-knowing, it seems that God would know about all of the horrible things that happen in our world. If God were all-powerful, God would be able to do something about all of the evil. Moreover, if God were morally perfect, then surely God would want to do something about it. These facts about evil seem to (...) conflict with the Islamic theist claim that there exists a perfectly good God. Several solutions to this problem have been proposed in Islamic thought. Ibn al-Arabi’s thought on evil goes as far as to say that what is seen as evil is actually illusory and has no reality. According to Ibn al-Arabi, existence is all good. Evil has no existence and belongs only to non-existence. The thoughts of Abu al-Hasan al-Ash‘ari can also be said to have caused a kind of moral conventionalism. Ash‘arism, unlike Mu‘tazilite thought, claims that the task of revelation is not only to explain moral statements but to impose and determine them. We encounter Neoplatonist point of view in Islamic thought. Avicenna says that evil has no positive existence or reality of its own. Evil is the incomplete realization of a good or existence. As maintained by him, evil arises when something does not show the full characteristics of its nature or type. There is no pure evil in the absolute sense. Solutions to the problem of evil do not always resort to the idea that evil is an illusion or an accidental element. According to Mu‘tazila and Maturidism, evil actually exists in this world; for conceptions of evil as an illusion or an accidental element do not adequately meet the conditions of being a free agent. According to this understanding, in order for an agent to have free will, it must not have been caused by external factors, e.g. God or the laws of nature. (shrink)

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

Bu makalede İhlas Sûresi’nin faziletiyle ilgili olarak nakledilen Muâviye b. Muâviye rivâyeti ele alınmıştır. Söz konusu rivâyette İhlâs Sûresini sürekli okuduğu için yüksek derecelere erişen ve cenazesine Cebrâil’le birlikte 70 bin meleğin saflar halinde katıldığı Muâviye b. Muâviye’den bahsedilmektedir. Muâviye vefat ettiği sırada Tebük Gazvesi’nde bulunan Hz. Peygamber’e Cibrîl bizzat gelerek onun vefatını haber vermiştir. Cibrîl ayrıca Resûlullah’ın Muâviye’nin cenaze katılması için dağları tepeleri aralayarak yeryüzünü dürmüştür. İhlâs Sûresi’nin faziletiyle ilgili olağanüstü hallerden bahseden Muâviye b. Muâviye rivâyeti Enes b. Mâlik (...) ve Ebû Ümâme’den merfû, Hasan-ı Basrî ve Saîd b. Müseyyeb’den mürsel olmak üzere toplam dört kişiden nakledilmiştir. Çalışmamızda, hadisler hakkında sıhhat hükmü verebilmek için öncelikle isnaddaki râvîlerin cerh-ta‘dil durumları tespit edilmiştir. Muâviye b. Muâviye hadisinin isnad analizi, rivâyetin ulaşılabilen bütün tarikleri üzerinden yapılarak her bir tarik ayrı ayrı değerlendirmeye tabi tutulmuştur. Sözkonusu rivâyetlerin metin analizi ise rivâyetlerdeki lafız ve muhteva farklılıkları üzerinden yapılmıştır. Metin analizi, rivâyetlerin önce kendi içinde daha sonra diğer hadislerle mukayesesi şeklinde yapılmıştır. Rivâyetler arası karşılaştırmalar yapılırken önce kendi içlerinde ortak bir kompozisyon oluşturulmuş daha sonra diğer rivâyetleri birbirleriyle karşılaştırma yöntemine başvurulmuştur. İsnad ve metin analizinin sonunda Muâviye b. Muâviye rivâyetinin kaynak değeri tespit edilmiştir. (shrink)

Interpretation of the classics in political theory seems to go in waves. For a while we had John Locke, the bourgeois thinker. Now we seem to be in a Locke-as-radical-democrat phase. Locke-the-bourgeois had problems of its own, but a radically democratic Locke -- not just the old Locke as liberal democrat but Locke as quasi-Leveller -- strains the interpretative imagination more than most; yet in recent years, several different kinds of argument have been advanced in support of it, both textual (...) and contextual. The most effective argument has proceeded by situating Locke in the context of radical Whig politics in the 1670s and '80s, the struggles over religious toleration and the royal succession, in particular the �Exclusion Crisis� of 1679-81. This contextual argument has been accompanied by various textual interpretations having to do with Locke's conceptions of property, consent, representation, the right of revolution and natural law. Among other things, these are supposed to show that while Locke had nothing explicit to say about the extent of the franchise, the weight of evidence suggests that he would have supported a fairly wide franchise, perhaps even something like the (almost) manhood suffrage advocated by the Levellers (at least according to some, and probably the most convincing, interpretations of their ideas). Most recently, in these pages, Martin Hughes, building on the work of James Tully and Richard Ashcraft in particular, has pushed the argument as far as it can probably go. His argument on taxation and suffrage has provided a motivation here for a wider exploration of Locke's views on representation, consent and the franchise. (shrink)