Osmanlı Devleti, Avrupa’daki gelişmeleri takip edip değişen dünya düzenine ayak uydurma noktasında yetersizliğini XVII. yüzyılda hissetmeye başlamıştır. Osmanlı Devleti’nin ihtişamlı yıllarının akabinde devlet nizamındaki çözülmeler, halkın içinde bulunduğu durum ve sebepleri üzerine çeşitli çevrelerden çözüm reçeteleri sunulmuştur. Bunların bilinen ilki iki farklı ve ardıl padişaha sunulan Koçi Bey Risaleleridir. XVII. yüzyılda tarihi seyrin değişmekte olduğunu ön gören ve bu öngörü ile daha önce benzeri Osmanlı Devleti’nde görülmemiş olan ilmî-siyasî-askerî-sosyal içeriklere sahip bir risale/rapor hazırlayan Koçi Bey risalelerini IV. Murat ve kardeşi (...) I. İbrahim’e takdim etmiştir. Koçi Bey risalelerinin tarihi değeri ve önemi üzerine çok sayıda çalışma yapılmış olmakla birlikte biz bu makalemizde, Koçi Bey risalelerinin arasındaki farkları çok yönlü olarak ele almaya çalıştık. İki farklı karakterdeki padişaha sunulan risalelerin; üslup, muhteva ve amaç bakımlarından farklılıklarını ortaya koymayı amaçladık. Metin kritik yöntemi ile iki risaleyi karşılaştırdığımızda, birbirinden çok farklı iki ayrı risale tarzının ve muhtevasının varlığına şahit olduk. Koçi Bey zamanın ve muhatabının gerektirdiği şekilde; devletin ihtiyaçları, milletin selameti noktasında farklılıkları bariz bir şekilde görünen risaleleri üzerinden bir döneme bizleri şahit kılmıştır. Çalışmamız bu şahitliğin iki risalenin kıyaslanması yöntemi ile bariz hale gelmesini sağlamayı hedeflemektedir. (shrink)

The dervish lodge cuisine in the Ottoman lodge structuring has a central importance. The lodge cuisine helped Anatolia turn into a homeland. Travelers took shelter in the lodges in Anatolia. So, these buildings were a safe haven for those who travel. Lodge’s kitchens were always open. These kitchens offered a delightful “Sheikh Baba’s Soup” anytime and these kitchens gave peace and serenity to Anatolia. This article analyzes the Ottoman lodge food culture in the context of a manuscript which belongs to (...) an imaret. This manuscript called Majmūʿa al-fawāʾid was written in between 1240-1250 (1825-1835) in Istanbul. This work belongs to the period of Sultan Mahmud II and the Hudāyī Lodge Foundation. Institution Employees and accounting records were disclosed in this manuscript in which the names of kitchenware are mentioned and recipes are found. This work gives detailed information about foods that are cooked in the Hudāyī Lodge Foundation’s imaret kitchen. -/- SUMMARY Eating is thought always to be important and it is considered worthwhile to eat with guests and travelers in Turkish culture. In the process of Islamization, the dining table was accepted “Halil İbrahim’s Table” and this approach has strengthened further the hospitality. Eating with people, preparing the table for the guests, travelers and the needy were regarded as a factor increasing the fertility of the table. In addition, these movements were considered an act of social cooperation and deepen the collective consciousness. Especially the sufis played a dominant role in the process of Islamization in Anatolia and depending on this, they undertook various social and cultural functions that including catering. In this regard, the lodge was seen as a complex and this structure encompasses different units such as imaret or soup kitchen, mosque, tomb, library, dervish cells, public fountains, bakery and bathhouse. Travelers stay in the imaret and supply their needs, they also nurture themselves spiritually as well. Lodges were a safe haven for these travelers and lodge’s kitchens were open every hour of the day with serving the delicious “Father’s Soup.” Therefore, lodges became a representative of peace. These kitchens take reference the advices of the prophet about eating and serving meals. In addition, the effects of the old Turkish culture and of the Yesevī tradition on these kitchens are witnessed. While many documents related to the food culture in Anatolia could remain to us, regarding the life of lodges especially, information about the kitchens is still limited. Ali Eşref Dede’s cookbook, Yemek Risalesi, is one of the works written about the dishes of Ottoman period. This work is very important in relation to the Mevleviyye as well. This manuscript was written in the 19th century by Sheikh Ali Eşref Dede at Edirne. Majmūʿa al-fawāʾid, one of the other important sources that should be included in the Ottoman lodge food literature. This manuscript is registered in the Istanbul Metropolitan Municipality Atatürk Library Muallim Cevdet Yazmaları (number, 224). Two works were written in the same century. In Majmūʿa al-fawāʾid there are some financial and agricultural information concerning to “Hüdâyî Lodge’s Foundation”. This manuscript includes valuable information about accounting records and officers employed in imaret and other institutions. On the other hand, there are various recipes in this manuscript about the imaret meals, also lists of kitchenware and food materials. This record is thirty pages and was written during Mahmud II. period. Majmūʿa al-fawāʾid is related to Aziz Mahmud Hudāyī Lodge that is placed in a high and strategic location in Uskudar that connects Istanbul to Anatolia. This was a complex structure and established in a place of ten thousand square meters. It consisted of imaret, sheikh’s house (haremlik), mosque, tomb, library, dervish cells, bakery and bath. As mentioned above, Majmūʿa al-fawāʾid contains important information about Aziz Mahmud Hudāyī Lodge’s kitchen and recipes. In fact, the manuscript also provides several alternatives to some of the recipes. This record exhibits the structure of the order and the nutritional forms of the Sufis. Thus, to some extent, it is possible to analyze the theoretical and philosophical direction of the order. Because eating in the lodges is not an action just to satisfy a person's stomach. Rather there is a dining ritual in the lodge. In this frame, the importance of the dining table was emphasized in the lodge tradition in the dimension of human education and socialization. In the sense of Sufism, the information about food reveals symbolic and allegorical meanings, sometimes directly or indirectly. Rituals related to food are closely related to the educational process of the dervishes. In this respect, on the sacred journey of dervish it is necessary to eat food permissible in the religion. In this regard, the books about the customs of the order contain considerable information. Giving valuable information about meals Majmūʿa al-fawāʾid contains main course and dessert recipes. It revealed the food habits of the dervishes and the people who were living at that time. The recipes also contain some interesting features applicable in the Turkish kitchen today. In addition, the names of meals and desserts contribute to the richness of the Turkic language. There are soups and salads, meat grills and stew varieties, fish dishes, pastry varieties, dessert varieties, cookies and halvahs. Meals are cooked with butter mainly. Lamb and sheep are preferred in the meals. The use of spices is high. For example, cinnamon is used even when cooking meat and fish. The manuscript seems to have thirty recipes but there are also different cooking methods in the manuscript. Different cooking methods were used together in some meals as frying, boiling and baking. For this reason, the number of recipes in the manuscript increases even more. This article entitled “The Ottoman Dervish Lodge Cuisine and Majmūʿa al-fawāʾid” has been latinized by simplifying the manuscript based on with a single copy. In this article the place and importance of the lodge cuisine in a mystical life has been analyzed in addition to presenting valuable information about the literature that is related to the Anatolian Lodge Cuisine, the Ottoman Cuisine, and recepies cooked in the Ottoman. Furthermore, the work briefly presents some about the lodge because it is related to Aziz Mahmud Hudāyī lodge. Moreover, a dictionary section has been added for understanding the relatively abandoned words in the manuscript. Similarly, measurements and weigh units are briefly given in Majmūʿa al-fawāʾid. (shrink)

This study aims to discuss the historiography of standing up Maḥallu al-Qiyām in the cultural expression in Indonesia. This research is classified as qualitative research with a historical approach method reinforced with documentation, interview and observation. To deepen the meaning of Maḥallu al-Qiyām using analysis using the symbolic interpretive theory of Clifford Geertz. Interestingly, the tradition of Maḥallu al-Qiyām becomes a symbolic meaning of the expression of homage to the Prophet Muhammad and has the content of Maḥabbah teachings to the (...) Prophet. This research concluded that standing up Maḥallu al-Qiyām began when Sheikh Tajuddin as-Subkhi started his stand while reading the Prophet’s Mawlīd as a symbol of respect for the Prophet Muhammad. The Maḥallu al-Qiyām has various forms of celebration as a cultural expression in Indonesia, manifested in various forms of celebration in Javanese cultures, such as muludan, srakalan, kekahan, temu manten, manakiban, sema’an al-Qur’an, and respect for newly arrived ulama.Contribution: This article has contributed to discovering the traditions that developed in Indonesia, which intersected with Maḥallu al-Qiyām, thus identifying some expressions of Javanese culture in whose dialectic with standing Maḥallu al-Qiyām. (shrink)

BackgroundOrgan donation has become one of the most effective ways to save lives and improve the quality of life for patients with end-stage organ failure. No previous studies have investigated the preferences for the different consenting options for organ donation in Egypt. This study aims to assess Egyptians’ preferences regarding consenting options for posthumous organ donation, and measure their awareness and acceptance of the Egyptian law articles regulating organ donation.MethodsA cross sectional study was conducted among 2743 participants over two years. (...) Each participant was required to rank eleven consenting options from 1 to 11, and to report his awareness and acceptance of the seven articles of the Egyptian law of organ donation.Results47% of the participants expressed willingness to donate their organs after death. This percentage increased to 78% when consenting options were explained to participants. “Informed consent by donor only” was the most preferred type of consent for one third of respondents. Awareness of the law articles regulating organ donation was relatively low ranging from 56% to 23%.ConclusionCurrently, around half of the Egyptian population agree to posthumous organ donation. This percentage could be increased significantly by raising the awareness about how the process of donation could be regulated and how the patient’s right of decision could be protected. (shrink)

Causal finitism, the view that the causal history of any event must be finite, has garnered much philosophical interest recently—especially because of its applicability to the Kalām cosmological argument. The most prominent argument for causal finitism is the Grim Reaper argument, which attempts to show that, if infinite causal histories are possible, then other paradoxical states of affairs must also be possible. However, this style of argument has been criticized on the grounds of (i) relying on controversial modal principles, and (...) (ii) providing a false diagnosis of the paradoxes involved. In this paper, I develop a new kind of Grim Reaper argument immune to these criticisms. I show that, by using insights from the literature on time travel, causal finitists should instead argue that infinite causal histories are problematically inexplicable, as they entail the possibility of unexplained foiling mechanisms. The fruits of this paper are that (i) a novel supporting argument for the Kalām is developed, and (ii) along the way of building this argument, it is shown that the literatures on time travel and causal finitism are deeply and intimately connected. (shrink)

In this paper, a mathematical model was used to evaluate a dynamical hybrid system for optimizing and controlling the efficacy of plant-based protein in aquafeeds. Fishmeal, raw rapeseed meal, and a fermented meal with yeast and fungi were used as test ingredients for the determination of apparent digestibility coefficients of dry matter, crude protein, crude lipid, energy, and essential amino acids for olive flounder using diets containing 0.5% Cr2O3 as an inert indicator. Among all ingredients tested, FM had the maximum (...) ADC of dry matter, and energy. Fermented meals showed higher ADC. Amino acid digestibility reflects protein digestibility in most cases. Interestingly, protease, lipase, and amylase activities were better expressed in RM-Koji, RM-Yeast, and FM over RM, respectively. The current results deliver important information on nutrients and energy bioavailability in raw and fermented RM, which can be implemented to accurately formulate applied feeds for olive flounder. Compared with other applicable systems, the complexity of the approach implemented has been considerably reduced. (shrink)

In the history of Islamic philosophy, one period that attracts researchers' attention, particularly in recent times, is the Safavid era. This is because the Safavid period witnessed a resurgence in philosophical thought within Islamic tradition after a period of stagnation following the classical stage that lasted several centuries. Until the middle of the last century, Western scholars, and before them orientalists, often viewed Islamic philosophy as having concluded after Ibn Rushd, due to Ghazali’s refutations. However, intellectual activities during the Safavid (...) era proved these assumptions incorrect. During the Safavid period, particularly after Shah Abbas I ascended to power and fostered a conducive environment, figures like Mir Damad and Sheikh Bahai, who enjoyed the Shah's patronage, sought to advance their intellectual perspectives. The philosophical milieu they cultivated in the Safavid capital, Isfahan, is now recognized as the Isfahan School of Philosophy. This school, characterized by its syncretic nature, endeavored to reconcile various strands of classical Islamic thought. Sadraddin Shirazi, the most renowned figure of the Isfahan School of Philosophy, succeeded in achieving this aim through his philosophical endeavors. Sadraddin Shirazi synthesized various methods of knowledge acquisition available in Islamic philosophy -whether religious, philosophical, or gnostic-and attempted to demonstrate that apparent contradictions among them were not inherent. This paper explores the scientific and philosophical environment of the Safavid period, focusing on the emergence of the Isfahan School of Philosophy and its foremost representative, Sadraddin Shirazi. (shrink)

Bu çalışmada, İslâm hukukunun ibadetler bölümü içerisinde konu edinen, fukaha tarafından yer yer müstakil başlık altında incelenen istihâre namazına ilişkin ileri sürülen bazı hükümler nitel araştırma ve istidlâl yöntemleri kullanılarak ele alınmıştır. İstihâre namazı hakkında varit olan birtakım rivâyetlerde Hz. Peygamber’in –kendisi kılmamasına rağmen- sahâbîlere söz konusu namazı tavsiye ettiği görülmüştür. Binaenaleyh istihâre namazının meşruiyeti, şer‘î deliller içerisinde sünnete dayanmaktadır. Meşrûiyeti hususunda herhangi bir hilaf söz konusu olmamasına rağmen istihâre namazına dair rivâyet edilen birtakım nasların senedinin tenkite tabi tutulduğu, ilgili (...) naslarda yer alan bazı kavramların da te’vile açık olduğu tespit edilmiştir. Bu ve benzeri hususlar, istihâre namazının hükmü yanında istihâre namazının rekât sayısı, istihâre duasının nerede okunacağı, hangi işler hakkında uygulanabilir olduğu, namaz kılınması mekruh sayılan vakitlerde kılınıp kılınamayacağı gibi bazı fıkhî meselelerin ortaya çıkmasına yol açmıştır. Bu durum ise, doktrin içerisinde kayda değer muhtelif görüş ve fikirlerin tezahür etmesine sebebiyet vermiştir. Dolayısıyla ele alınan bu çalışmada müctehidlerin istihâre namazı ve buna taalluk eden bazı fıkhî meselelere dair ileri sürdükleri görüşler, olabildiğince delilleriyle birlikte sunulmuş; meselelere ilişkin serdedilen rivâyetler cerh ve ta‘dîl açısından tahlil edilerek mezkûr konular bir bütünlük içerisinde incelenmeye çalışılmıştır. (shrink)

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

O artigo explora as fontes históricas da lenda O riso de Demócrito e o pranto de Heráclito, com destaque para a antiguidade greco-romana e para a modernidade renascentista. É realizado um estudo genealógico da referida lenda, seguido da análise de três obras: as Cartas do Pseudo-Hipócrates (c. século I d.C.) e os discursos oratórios de Antônio Vieira (Le lacrime d'Eraclito) e de Girolamo Cattaneo (Il riso di Democrito) (1674). Diante da tirania da felicidade que se impõe nas sociedades contemporâneas, o (...) resgate desse construto cultural milenar serve como locus de reflexão sobre prudencialidade ética e condição humana. (shrink)

This paper examines the Bahāʾī philosophy with all its religious values and humanitarian practices to assess their relevance to the modern times. The rationale behind the choice of this subject was to find out whether the Bahāʾī philosophy could be yet another force and potential ideology to offer a solution to modern time challenges that are faced globally. Using a qualitative research design, the data was collected through a content analysis and close reading of Bahāʾī scriptures, tablets, letters and other (...) library sources. A close study of the Bahāʾī doctrines, values and faith revealed that the Bahāʾī philosophy extended the message of uniting the whole humanity by uniting all religions and sects, despite their apparent differences. All religions, according to the Bahāʾī faith, are manifestations of God and work towards an identical and universal divine plan to educate the human race. The social ethics of the Bahāʾīs emphasized upon the “oneness of humanity”, abolition of racial discrimination, class distinction, and religious prejudices, without any need of priesthood or rigid rituals of worshipping. If implemented and complied universally in principle, the Bahāʾī philosophy could be one of the potential ideologies to resolve the racial and religious conflicts. (shrink)

The primary and secondary sources of Islamic law often assume a binary distinction between ijtihād and taqlīd, ignoring a third level of engagement with the sources, which was conceptualized by some jurists as forming a distinct category. In this article I discuss the evolution of the terms ijtihād, taqlīd, and ittibāʿ, using a conceptual-historical approach. I argue that the use of taqlīd to mean “precedent-following” did not emerge as a technical term until after the time of al-Shāfiʿī. The distinction between (...) precedent-following and verifiable-following did not appear in legal discourse until the time of Aḥmad b. Ḥanbal. I also demonstrate that there were three approaches to these terms in legal discourse after the time of Ibn Ḥanbal, with three groups of jurists defining them in ways that advanced their different visions of law-making. I conclude with a discussion of the debate over the meanings of these terms in the eighteenth and nineteenth centuries. (shrink)

The principle of modal continuity has become an increasingly popular bit of modal epistemology, featuring prominently in debates about mereology, value, causation, and theism. It claims, roughly, that degreed properties are modally unified. So, if the property of being three inches tall is exemplifiable, so is the property of being four inches tall, and five inches tall, etc. Despite its plausibility, in this paper I show that there is a class of counterexamples to modal continuity: what I call ‘powered properties.’ (...) More surprisingly, I show that an instance of these powered properties is entailed by another widely popular family of modal principles: the Lewisian patchwork principles, also known as cut-and-paste, or recombination, principles. Thus, despite appearing to be similar, and motivated by plenitudinous intuitions about the nature of modality, it turns out that the continuity and recombination approaches to modality rely on crucially different pictures of plenitude. (shrink)

One of William Lane Craig's key arguments for the finitude of the past is the Successive Addition Argument (SAA). Malpass (2021) has recently developed a novel challenge to the SAA, utilising a thought experiment from the work of Fred Dretske, which is meant to show that it is possible to count to infinity, to argue that there is a counterexample to the SAA's second premise. In this paper, I contend that the Malpass‐Dretske counterexample should not worry advocates of the SAA. (...) First, I argue that one objection Malpass considers—the Potential Infinite Objection—reveals an interesting fact: the SAA's second premise is unnecessarily strong and can be weakened whilst still yielding the same conclusion. Second, I show how another one of the objections considered by Malpass—the Accumulation Objection—is successful, provided some clarification to the SAA's premises. The upshot of both analyses is that we generate two ‘new’ Successive Addition arguments that not only move the dialectic forward, but shed light on deeper assumptions and motivating intuitions concerning the Kalām. (shrink)

The Qur'an depicts fluctuating relations between Muslims and non-Muslims. While at times such relations can be conciliatory and harmonious, at others they are inimical, uneasy, or distant. Still, the Qur'an acknowledges the necessary ontological reality of the human difference. This is evidenced in many verses. Thus, I will argue that an “attentive” and “worldly” reading of the Qur'an is crucial to curb misunderstanding of the way ‘difference’ is perceived in Islam by Muslims and non-Muslims alike. A close reading is primarily (...) a multiple form of communication. It is needed to resist the networked systems of power and control dominated by images and mass media in the Arab world and Western. It is exceptionally important to free the interpretation of Qur'an from the grip of Muslim and non-Muslim extremists and Islamophobes who read some of its verses as evidence of essentialized enmity harbored by Muslims towards all non-Muslims. (shrink)

This article aims to explore the relationship between veiled, Islamist, women and modernity in Turkey where the woman question is indeed exemplary of the tension-ridden relations between modernity and Islam. By examining the veiled women's rejection of modernity I argue that it is wrong to read Islamism as an actual questioning of modernity. Traditional Islam is not the key element in understanding the veiled women's identity; rather, at the core of the issue is the reproduction of identity under conditions of (...) modernity. First, I look at the Islamic understanding of women; second, I consider the relation of Kemalism to women, so as to understand oppositions between modernity and Islam on the woman question. Finally, the veiled women's rejection of modernity is analysed by means of taking its self-contradictions into the centre of the argument. (shrink)

The Successive Addition Argument (SAA) is one of the key arguments espoused by William Lane Craig for the thesis that the universe began to exist. Recently, Malpass, Mind, 131(523), 786–804 (2021) has developed a challenge to the SAA by way of constructing a counterexample that originates in the work of Fred Dretske. In this paper, I show that the Malpass-Dretske counterexample is in fact no counterexample to the argument. Utilizing a distinction between properties of members and properties of collections, I (...) argue that Malpass’ counterexample has no bearing on the soundness of the SAA. I also develop a novel parity argument against Malpass’ argument that I demonstrate can only be resolved by way of the aforementioned analysis. (shrink)

Günahın, imanı ve diğer salih amelleri boşa çıkarmayacağı hususunda birleşen Ehl-i sünnet âlimleri, irtidadından sonra yeniden İslâm’a dönen kişinin ilk Müslümanlık devresinde işlemiş olduğu amellerin durumu hakkında görüş ayrılığına düşmüşlerdir. Genel anlamda Hanefî/Mâtürîdîler doğrudan irtidad ile o amellerin boşa çıkacağını savunurken, Şâfiî/Eş’arîler ise bunun için ayrıca riddet üzere ölümü şart koşmuşlar, tek başına irtidad ile kişinin önceki amellerinin zayi olmayacağını ileri sürmüşlerdir. Kelâm, fıkıh ve usûl gibi ilimlerle ilişkisi bulunan bu meselede kapsamlı yorumlar daha çok tefsirlerde kendisine yer bulmuştur. Burada (...) Hanefî/Mâtürîdîler, sadece irtidad üzerinden amellerin boşa gideceğinden bahseden Mâide suresi 5/5. ayetini; Şâfiî/Eş’arîler ise bu boşa gitmeyi riddet üzere ölüm haline bağlayan Bakara suresi 2/217. ayetini esas almıştır. Taraflar, birbirlerine karşı ilgili ayetler üzerinden farklı istidlallerde bulunmuş, muhtelif cevaplar vermişlerdir. Bunların içerisinde en esaslı ihtilaf noktasını ise usul tabiriyle mutlak olan ilk ayetin mukayyed konumda bulunan ikinci ayete haml edilip edilmeyeceği meselesi teşkil etmiştir. Hanefî/Mâtürîdîler ilgili ayetler özelinde mutlakın mukayyede hamil şartlarının oluşmadığı düşüncesiyle bu işleme karşı çıkarken, bu konuda daha esnek tavır alan Şâfiî/Eş’arîler ise oluşan şartlar çerçevesinde bu hamil işlemine onay vermiş, buna bağlı olarak da ilgili görüşlerine ulaşmışlardır. Taraflar, ilgili ayetleri değerlendirirken, açıklamalarını, daha çok tertip itibariyle önce gelen ve mukayyed konumda bulunan Bakara suresi 2/217. ayetinin izahında getirmişlerdir. Şâfiî/Eş’arî ilim ehli zaten ilgili ayeti temel aldıkları için onların konuyu inceledikleri yerin bu ilahi kelamın tefsiri olması gayet anlaşılabilir bir husustur. Hanefî/Mâtürîdî zevat ise, daha çok Şâfiî/Eş’arîlerin ayete yükledikleri manaya cevap vermek amacıyla konuyu burada işlemişlerdir. Şâfiî/Eş’arîler, mutlakı mukayyede haml etmelerinin bir gereği olarak konuyla ilgili iki ayetten, Bakara suresi 2/217’yi esas alarak hükümlerini bunun üzerine bina etmişler ve aslında tek ayeti kıstas kabul etmişlerdir. Buna karşılık Hanefî/Mâtürîdîler ise, ilgili iki ayet özelinde mutlakın mukayyede hamil şartlarının gerçekleşmediği iddiasıyla onların her ikisinden ayrı ayrı hüküm çıkarmışlardır. Bu çerçevede ilk ayetten, irtidad üzere ölümün, ebedi hüsranı gerektirmesi, ikinci ayetten ise irtidadın mutlak şekilde amelleri zayi etmesi sonucuna ulaşmışlardır. Burada iki mezhep arasındaki ayrılığın en tipik semeresi, kişinin Müslüman iken yerine getirdiği örneğin hac ibadetini, irtidad sonrası İslâm’a döndüğünde yeniden yapıp yapmayacağı konusunda ortaya çıkmaktadır. Amellerin ancak irtidad üzere ölümle zayi olacağını düşünen Şâfiî/Eş’arîler yeniden hacca gitmeyi gerekli görmezken, ölüm gerçekleşmese de irtidad ile amellerin doğrudan zayi olacağını düşünen Hanefî/Mâtürîdîler ise ilgili kişiyi hac ile sorumlu tutmaktadır. İşte bu çalışmada tarafların savundukları görüşün temel fikri çerçevesi ile muhaliflerine ne tür eleştiriler getirdikleri arka planın izah edilmesine gayret edilecektir. (shrink)

It is a common intuition in scientific practice that positive instances confirm. This confirmation, at least based purely on syntactic considerations, is what Nelson Goodman’s ‘Grue Problem’, and more generally the ‘New Riddle’ of Induction, attempt to defeat. One treatment of the Grue Problem has been made along Bayesian lines, wherein the riddle reduces to a question of probability assignments. In this paper, I consider this so-called Bayesian Grue Problem and evaluate how one might proffer a solution to this problem (...) utilizing what I call a phenomenological approach. I argue that this approach to the problem can be successful on the Bayesian framework. (shrink)

This paper is an evaluation and expansion of William Hasker’s transcendental argument against determinism. Hasker’s argument attempts to show that determinism is logically incompatible with rationality and justified belief. Hasker claims this argument to be conclusive given two independent qualifications: first that the argument only applies to a specific form of determinism, and second that the argument rests on a specific conception of rationality. My aim in this paper will be to modify and expand Hasker’s argument such that it (1) (...) applies to the more general deterministic thesis (as defined below), and (2), rests on a modified epistemic conception of rationally unaffirmable beliefs. I will attempt to do (2) by modeling Hasker’s argument after one of Alvin Plantinga’s epistemological arguments against naturalism, and hope to show that such an argumentative model is superior for the conclusion Hasker wishes to bring out. I will begin by explicating Hasker’s argument, and then I will move to the modification and expansion of the argument. (shrink)

Employing manifold symbolic, iconic, and indexical signs – whether linguistic or extralinguistic – along with their polysemic and multimodular features, edusemiotics is an integrative and interdisciplinary conceptual framework that surmounts learning processes where learners find significance and meaning under the assumed responsibility of English language teachers for the provision of such a participative environment. Allowing for the salience of intonation despite its intricate nature, thus its inevitable underrepresentation in course books and teaching practices, this article intends to propose a novel (...) means of intonation instruction as well as its components (i.e., stress, pitch, and juncture) for English language teacher education (henceforth ELTE) contexts within the edusemiotic framework. Promoting the importance of edusemiotic teaching of intonation, this article further aims to add to our understanding of how signs and sign systems can be benefitted in ELTE settings and their potential exploitation across various other disciplines. It concludes with suggestions for future research on more practical aspects of edusemiotic tools and learner and teacher attitudes toward integrating them within the teaching program. (shrink)

Often, semantic accounts of ethical statements wherein those statements have their truth-conditions linked in some capacity to the mental state of an agent face the difficulty of explaining how it is that moral agents and communities genuinely disagree. However, there are––I shall argue––such semantic theories of ethical statements we can construct that avoid this explanatory deficit, insofar as they are both absolute and dispositional theories. In this paper, I will (i) explore and analyze one such semantic theory, Roderick Firth (1952)’s (...) ‘ideal observer theory’, and its relation to the problem of genuine moral disagreement, and (ii) argue that the theory successfully accounts for genuine moral disagreement in virtue of its being absolute and dispositional. (shrink)

Şâfiî müctehidlerin muteber şahsiyetlerinden biri olan Râfiî el-Kazvînî, ilk olarak babası Muhammed b. Abdilkerîm el-Kazvînî (ö. 580/1184) ve annesinin dayısı Ebü’l-Hayr Ahmed et-Tâlkânî’nin (ö. 589/1193) rahle-i tedrisinde bulunduktan sonra alanında uzman birçok kişiden tefsir, hadis ve fıkıh sahasına ilişkin seviyeli bir eğitim almıştır. Yaşadığı asrın ileri gelen ulemasından İslâmî ilimleri okuyarak fıkıh ilminde ihtisas sahibi olan Râfiî, Kazvîn’de ders halkaları oluşturarak tedris faaliyetinde bulunmuş; dönemin halifeleri tarafından Şam ve Mısır baş kadılık görevine atanan Ahmed b. Halîl el-Mühellebî (ö. 638/1240), Zekiyyüddin (...) el-Münzirî (656/1258) ve İbn Sükkerî (ö.713/1313) gibi önemli simalar yetiştirmiştir. Zekâsı, aklı ve özellikle haiz olduğu fıkhî meseleleri ayırt etme yetisiyle Râfiî, doktrin içerisinde yer alan dağınık görüşleri toplayarak ilgili görüşlerden hangisinin daha kuvvetli olabileceğine dair tespitlerde bulunup mezhebi tahrîr/tenkîh etmiş, bir bakıma mezhebin görüşlerini ilmî elekten geçirip ayıklamıştır. Mezhep içerisindeki görüşleri inceleyerek farklı tarikleri birleştirme ve dağınık bilgileri ayıklayıp mezhep birikimini veciz ifadelerle yansıtma faaliyetinden dolayı ulemanın dikkatini üzerine çeken Râfiî, mezhepte iki otoriteden biri anlamına gelen Şeyhân’dan biri olma -diğeri ise Nevevî (ö. 676/1277)- unvanına layık görülmüştür. Bu yüzden onun hayatına ve ilmî kişiliğine Şâfiî terâcim eserlerinde oldukça yer verilmiştir. Bu çalışmada, sonraki dönemlerde mezhep görüşünü temsilde belirleyici olan Râfiî’nin ilmî kişiliği yanında mezhebi tahrîr/tenkîh etmesindeki rolüne yer verilecektir. (shrink)

In this timely and outstanding contribution, Andreas Lammer tackles central concepts and problems in Avicenna's Physics of the Healing. The analysis provides a wide-ranging but cohesive study of Avicenna's approach and ideas. The philological and philosophical analysis of the historical context of Avicenna's arguments pays dividends. Avicenna's—often radical—reworking of Aristotle's approach in the Physics critically engages a long tradition of Peripatetic and Neoplatonic philosophy in Greek and Arabic. Lammer's contribution, based on his doctoral dissertation, lays fertile ground for future work. (...) Given the limitations of this review, I focus in the following on the results and fruitful questions raised by chapters... (shrink)

This study explores the history of the Hagia Sophia Mosque and its religious music forms, with a particular focus on how these forms are applied in the newly reopened Hagia Sophia. All genres performed here are executed by imams and muezzins who are highly skilled in their fields, making it a model for both contemporary performers and future generations. The study examines the types of mosque music performed during the five daily prayers, Fridays, holy days, and religious holidays in Hagia (...) Sophia, which has functioned as a mosque since 2020.Analysis reveals that some of these forms are unique to Hagia Sophia in terms of both structure and execution, underscoring the importance of bringing them to light. To this end, extensive research, observation, recording, and notation processes were carried out to document these unique styles. The article provides detailed insights into the maqam (musical mode) dimensions, performance styles, timing, and duration of various mosque music forms, including Qur’ān Tilāwah, Adhān, Ṣalā/Ṣalawāt, Iqāmah, Ilāhī, Mawlid, Miʿrācīyah, Qaṣīdah, Istighfār, Tasbīḥ, and others. The distinct and improvised characteristics of certain forms are also discussed. Furthermore, specific to the Hagia Sophia Mosque, the article includes the notations of the Tasbīḥāt recited at the mihrab after the Fajr prayer on Fridays, Saturdays, and Sundays, as well as the notations of various Istighfār recited in different maqams collectively by the muezzins after each obligatory prayer. (shrink)

Arapçada kelimelerin bir araya gelişi belli bir düzen içerisinde gerçekleşir. Çoğunlukla terkîb olarak adlandırılan bu kombinasyonda öğeler arası anlam ilişkileri genellikle basittir. İzâfet terkîbi olarak adlandırılan isim tamlamasında ise kompleks ama bir o kadar da zengin anlam ilişkisi mevcuttur. Meselenin i‛râb eksenli değerlendirildiği geleneksel nahiv anlayışında öğeler arasındaki anlam ilişkisine dair nüve niteliğinde değerlendirmeler mevcutsa da daha çok ta‘rîf-tahsîs ve âmil-ma‘mûl ilişkileri öne çıkarılmaktadır. Konuyu arzu edilen düzeyde ele alan modern çalışmaların sayısı son derece az olup bunlar geliştirilmeye müsaittir. Meseleye (...) katkı sunmayı amaçlayan bu çalışmada konuyla ilgili geleneksel bakış açısı betimleyici bir yaklaşımla ortaya konmuş ve Arap yazılı kültüründeki isim tamlaması örnekleri tümevarım yöntemi ile incelenerek tamlamanın öğeleri arasındaki ilişkilere dair tespitlerde bulunulmuştur. On beş ilişkinin irdelendiği bu çalışma Arapçada isim tamlamalarının belli formel kalıpların ötesinde zengin bir anlam dünyasını barındırdığı ve dildeki iletişim işlevinin daha sağlam bir zeminde gerçekleşmesi adına bu ilişki ağının çözümlenmesinin önemli olduğu sonucuna ulaşmıştır. (shrink)

Ülkemizdeki ve dünyanın çeşitli bölgelerindeki kârîlerin, imâleyi farklı okudukları bir vakıadır; teknolojik olanaklarla bunların bir dizi ses kaydına erişebilmek mümkündür. Muhtelif okumalar, kârîlerin aynı imâle olgusunu ferdî tecrübeleriyle seslendirmelerinden kaynaklanmaktadır. O halde imâlenin kişisel deneyimlerden arındırılarak, ilk dönemlerden itibaren kitâbî olarak nasıl neşv-ü nemâ bulduğu ve nihaî olarak nasıl bir tanım ve uygulamaya eriştiğiyle ilgili bir tespite gereksinim duyulmaktadır. Bu sayede hangi kârî ya da kârîlerin, imâleyle ilgili telaffuz biçiminin sahih okuyuşa en yakın olduğu sonucuna erişilebilecektir. Makalemizde sahih okuyuşu tespit (...) etmek amacıyla, imâle ve feth çeşitlerinin ilk dönem eserlerinden bu yana nasıl açıklandığını, kategorilerinin karşılaştırmalı olarak nasıl değerlendirildiğini, bazı kârîlerin okuyuşlarından örnekler de sunarak incelemeye çalışacağız. (shrink)

Islamic legal historiography has dealt extensively with questions of continuity and change, as epitomized by the relationship between ijtihād and taqlīd. This paper offers a new conceptualization of the ijtihād–taqlīd modes of law-making in the Sunni legal tradition. I argue that the institutional transformation from ijtihād to taqlīd required that jurists transform the views of the founding authorities of the schools over the course of the eleventh through thirteenth centuries. They achieved this by stratifying legal knowledge in their typologies of (...) muftis and judges in ways that had not been envisioned earlier, justifying their typologies by invoking tropes of decline and the extinction of mujtahids. This longue-durée view will shed light on the institutional significance of the taqlīdification of Islamic law, where legal security and stability were privileged over judicial discretion. (shrink)

We examine the role of religiosity on the financing activities in both Islamic and conventional banks in Indonesian provinces by using five different measures of religiosity: number of Islamic schools, hajj application, number of Islamic seminary schools, number of Mosques, and number of certified halal products. Based on regression analysis, the results show that both Islamic and conventional banks provide more financing in religious provinces. Religiosity also helps in reducing the volume of non-performing financing. Our the results are still qualitatively (...) valid after taking into account endogeneity issue that emanates from omitted variables (i.e., unobservable beliefs, ideas, and attitudes), and possible reverse causality between religiosity and the total amount of financing at the province level. (shrink)

The aim of UK-REACH (“The United Kingdom Research study into Ethnicity And COVID-19 outcomes in Healthcare workers”) is to understand if, how, and why healthcare workers (HCWs) in the United Kingdom (UK) from ethnic minority groups are at increased risk of poor outcomes from COVID-19. In this article, we present findings from the ethical and legal stream of the study, which undertook qualitative research seeking to understand and address legal, ethical, and social acceptability issues around data protection, privacy, and information (...) governance associated with the linkage of HCWs’ registration data and healthcare data. We interviewed 22 key opinion leaders in healthcare and health research from across the UK in two-to-one semi-structured interviews. Transcripts were coded using qualitative thematic analysis. Participants told us that a significant aspect of Big Data research in public health is varying drivers of mistrust—of the research itself, research staff and funders, and broader concerns of mistrust within participant communities, particularly in the context of COVID-19 and those situated in more marginalised community settings. However, despite the challenges, participants also identified ways in which legally compliant and ethically informed approaches to research can be crafted to mitigate or overcome mistrust and establish greater confidence in Big Data public health research. Overall, our research indicates that a “Big Data Ethics by Design” approach to research in this area can help assure (1) that meaningful community and participant engagement is taking place and that extant challenges are addressed, and (2) that any new challenges or hitherto unknown unknowns can be rapidly and properly considered to ensure potential (but material) harms are identified and minimised where necessary. Our findings indicate such an approach, in turn, will help drive better scientific breakthroughs that translate into medical innovations and effective public health interventions, which benefit the publics studied, including those who are often marginalised in research. (shrink)

This year, Şanlıurfa hosted an important event on the science of tafsîr (XVI. Tafsîr Coordination Meeting). On this occasion a symposium (Ibrahim and prophethood) was held, the problems of the tafsîr were discussed and tafsîr academics met among themselves and exchanged informa-tion. In this article, XVI. Tafsîr Coordination Meeting was widely introduced, and different meetings related to science of tafsîr and tafsîr education were mentioned.

The thesis examines the origins and function of legal theory within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in (...) context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law. (shrink)

Intersecting authority-language-and-symbolic power, this article tells the story of a group of continental Francophone African youth who find themselves in an urban French-language high school in southwestern Ontario, Canada. Through their narrative, one is confronted by the trauma of one's own language being declared an illegitimate child, hence becoming a ‘deceptive fluency’ in the ‘eyes of power’ thanks to race and post-coloniality. They are fully consciousness of this situation and their ‘linguistic return’, thus gazing back at the eyes of power (...) and declaring themselves ‘subjects’ capable of love and desire. I briefly address questions of hospitality and language ownership and conclude by addressing the need to re-think the connection between race, power and language. (shrink)

In the novels of Tahsin Germiyani, who stands out as a narrator and novelist, dialogue was a basic technique for artistic work. Because he used the art of dialogue in a unique way to carry out communication and understanding and to fictionalize events. Such that Tahsin Germiyani's novels are considered to fill a gap in this aspect, especially in Iraq and in the Arab world in general. What makes him important is the writers he read and was influenced by. Such (...) that when we look at his works, this effect is noticeable. Rather than a reflection, this influence manifests itself in a new and different form with internalization. The new work now contains in itself his character, is far from alienation, and becomes compatible with the culture and values of the society in which he lives. It is possible to see this situation not only in dialogues, but also in the whole structure of the work. Tahsin Germiyani has written 7 novels. However, in this study, we will focus on his three novels (al-Huznu'l-vesim, Evladu'l-Yahudiyye and Zaknemut) to reveal how the dialogue is used as a technique. After giving basic information about the concept of dialogue and Tahsin Germiyani's life and works, we will try to reveal how he used dialogue in these three novels that we will take as a field of application and his artistic connections in the storylines. Germiyani used both forms of dialogues in different stages. In his novel Zaknemut, he performed the internal dialogue mostly in the forms of monologue, pleading and reaction. While the external dialogue is mostly includedin the novel al-Huznu'l-Vesim, he used both dialogues to convey his thoughts, to effectively present his reaction and his opinionson the social phenomena in Iraqi society. Because he wanted to bring to light the mistakes and deficiencies that he saw and experienced in the society. He did this with an artistic task, by describing situations that trigger interpersonal conflict, sometimes using the inner and external dialogues of the protagonists and sometimes of the deuteragonists. One of his prominent features during this fiction is hisability to make the dialogues more vivid and permanent in the mind of the reader by using the cinema technique and to make the reader a partner in this fiction. We also witness that he makes this ability more effective by using the folkspeech. We will try to put forward the relevant issues practically within the framework of his 3 novels. (shrink)

It is a matter of philosophical debate whether Jonathan Israel’s assessment of Spinoza’s notion of ‘state religion’ can be interpreted as an atheistic and Marxist reading of Spinoza. Contrary to the widely accepted view, Spinoza has a peculiar understanding of religion; and thus, his views cannot, simply, be equated with atheism. By relying on this fact, in this article, I am going to shed light on the issue and try to show to what extent Israel’s interpretation goes beyond what Spinoza (...) himself claims and whether or not Spinoza’s views can make him an atheist. Another concern of the text will be elucidating Marx’s critique of Bruno Bauer’s argument for the abolition of religion and laying bare if there is any continuity between Marx and Spinoza on the problem of religion. After Israel’s interpretation is restated, both Spinozistic view of religion, as he puts forward in the Theological-Political Treatise [Tractatus Theologico- Politicus, 1670] and Political Treatise [Tractatus Politicus, 1676] and Marx’s arguments on the same issue in “On the Jewish Question” [in Deutsch-Franzosische Jahrbucher, 1844] will be examined in detail. Depending on these investigations, it will be argued that what Israel defends in his text Radical Enlightenment [2001] does not make Spinoza an atheist; on the contrary, although Spinoza is not an advocate of the commonsensical view of religion, he defends his own understanding of religion—which causes him to be regarded, prejudicedly, as an atheist. Furthermore, it will be pointed out that Israel’s interpretation cannot be a Marxist interpretation either because Marx’s critique of religion is generally misunderstood and mistaken with that of Bruno Bauer. Neither Spinoza’s views on religion nor that of Marx are completely compatible with what Israel defends in Radical Enlightenment; nevertheless, this does not mean that Israel tries to make an atheist or Marxist out of Spinoza through his appropriation of the philosopher. (shrink)

Çeşitli disiplinlerde farklı açılardan ele alınan haset ve gıpta duygusu, yoğunluğuna bağlı olarak, bireyin hayatını yapıcı veya yıkıcı yönde etkileme potansiyeline sahiptir. Haset, çeşitli gerilim alanlarına ve çatışmalara yol açarken gıpta, güçlü ve derin motivasyonlara imkân tanımaktadır. Bu açıdan haset ve gıpta, dönüşüm ya da çözülme dinamiğinin bir parçası olarak işlev görmektedir. Bu çalışmanın amacı, dindarlık ve psikolojik iyi oluş ile haset ve gıpta arasında anlamlı bir ilişkinin olup olmadığını ve eğer varsa bu ilişkinin yönünü tespit etmektir. Bu doğrultuda 18-65 (...) yaş aralığında Bursa’da ikâmet eden 179’u erkek, 335’i kadın olmak üzere toplam 514 katılımcıdan oluşan çalışma grubuna Haset ve Gıpta Ölçeği,Dindarlık Ölçeği ve Psikolojik İyi Oluş Ölçeği uygulanmıştır. Google Form aracılığı ile toplanan veriler SPSS 25.0 programı kullanılarak analiz edilmiştir. Elde edilen bulgular, dindarlık ve psikolojik iyi oluş ile haset arasında negatif yönde ve anlamlı bir ilişki olduğunu ortaya koymaktadır. Bununla birlikte dindarlık ve psikolojik iyi oluş ile gıpta arasında anlamlı bir ilişki saptanmamıştır. (shrink)

En el presente escrito se estudian varias piezas hasta ahora inéditas tanto al corpus de precintos producidos durante el períodod inicial de al-Andalus, como al de los ponderales realcionados con las emisiones monetarias de épocas diversas en la historia andalusí.

: In Islamic inheritance law, although in different ratios, the shares of male and female siblings are already determined. The testator has no right to deprive the inheritors of inheritance. However, in today’s Islamic countries, it is well known that some testators deprive the inheritors of inheritance fully or partially through various ways such as donation, last will, and fictitious. Last will, as a legal term, means that a person transfers his\her property complimentarily to person\persons who have the right to (...) inherit originally or legally, provided that it is valid after death. In Islamic law, principally, making a last will to foreigners is regarded as a legitimate act. However, today, as it was in the past, the right of last will is being misused in causing harm to the inheritors and depriving them of the inheritance. For this reason, in Islamic law, there have been taken some precautions to prevent any possible misuse of the last will right in order to protect the rights of the inheritors and third persons. These precautions are as follow: The last will that is made is restricted to one third of the total amount; It is prohibited to make last will to the inheritors; There have been laid down some formal conditions for proving a last will; It is prohibited to make a last will with the intention of harming the inheritors, even if it is one third and less than one third. Summary: In Islamic inheritance law, although in different ratios, the shares of male and female siblings are already determined. The testator has no right to deprive the inheritors of inheritance. However, in today’s Islamic countries, it is well known that some testators deprive the inheritors of inheritance fully or partially through various ways such as donation, last will and fictitious. Therefore, some precautions have been taken in Islamic law in order to protect the right of the inheritors to inheritance. One of these precautions is to impose some restrictions on the legal acts of the testator who has an intention of depriving his\her inheritors fully or partially of the inheritance, misusing his\her right oflast will. The last will, as a legal term, means that a person transfers his\her property complimentarily to person\persons who have the right to the inheritance originally or legally, provided that it is valid after death. The last will is a legal procedure which is regarded as legitimate in all societies and legal systems. All legal systems that accept the legitimacy of the last will set out some regulations and restrictions on the use of the last will to protect the rights of individuals and public order. In Islamic law, the last will is also regarded as a legitimate regulation in order to meet people's earthly needs and to be a means of solidarity and getting reward in hereafter. However, in today's Islamic countries, the right of last will is being misused in causing harm to the inheritors and depriving them of the inheritance. In Islamic law, the precautions that have been taken to prevent any possible misuse of the last will right in order to protect the rights of the inheritors and third persons are as follow: The last will that is made is restricted to one third of the total amount The Prophet Muhammad visited Sa'd b. Abu Vakkas due to his illness in the year in which the Last Pilgrimage was being performed. Sa'd b. Abu Vakkas had no children other than a daughter. That is why he told the Prophet that he wanted to make a last will according to which the two third of his property shall be given to the foreigners. Thereupon, the Prophet Muhammad told him that he could only give one third of his property maximum. The Prophet Muhammad explained the reason why as follows: “It is better to leave your inheritors as wealthy than to leave them as needy people.” ; Muwatta, “Wasiyyāt”, 3; Tirmīzī, “Wasāyā”, 1, Abū Dāvūd, “Wasāyā”, 2; Nasāī, “Wasāyā”, 3; Bayhakī, “Wasāyā”, 5.). The Muslim jurists who regard this event as a proof have arrived at the consensus that the Muslims can only give one third of their property to foreigners by means of the last willIt is prohibited to make last will to the inheritors The Prophet Muhammad said, "Allah surely gives every right. There is no will to inheritors.” The Muslim jurists who regard this saying as a proof have arrived at the consensus that the last will to inheritors cannot not be made. There have been laid down some formal conditions for proving a last will Since a last will is a process that is upon death, there might be some disagreement between the inheritors and those who are a last will made to after the death of testator. For this reason, the last will shall be proven so that any possible dispute would be prevented. In the classical Islamic Law, it is emphasized that the last will should be oral, written or by any means of signs that might express oneself well, and the last will shall be made in the presence of the witnesses as a matter of principle. However, in my opinion, following the verses that require the last will to be made before the witnesses, placing the last will on record through an official procedure is much more suitable in regard to the purpose of the Shari’ and the spirit of Islam. Indeed, in the Islamic countries, the Family Law Codes are subject to the legal dispute that a case cannot be open if a last will is not been made in accordance with the law. It is prohibited to make a last will with the intention of harming the inheritors, even if it is one third and less than one third. In Islamic law, the last will made to foreigners is limited to one third of the property of the testator. Nevertheless, still there is a possibility of misusing this right against the inheritors with the intention of depriving them of the inheritance even if it is one third and less than one third. However, the verse which lay down the condition "the will made without harming the inheritors" indicates that the last will is legitimate only with the intention of not harming the inheritors, even if it is less than one third. Therefore, the last will made to foreigners with the intention of harming the inheritors, as it is contrary to the purpose of the law maker, can be restricted by the public authority. No doubt, the most important of the above-mentioned precautions is to restrict a testator's right of the last will to one third of the property when it is a foreigner to whom he is willing to give from his property, and the remaining two third is left to the inheritors. That is why in Islamic law, this two-third share, which is legally guaranteed and will be passed on to the inheritors, is called "reserved share". In principle, except for some exceptions, the testator has no authority to give from the "reserved share." Although in Islamic law, theoretically, the two-third share called "reserved share" is legally secured, nowadays, the testators are misusing their right of the last will. Therefore, the question “is it possible for the public authority, in Islamic law, to restrict a person’s essentially legitimate right of making last will in a case of misuse?” is quite important concerning our subject matter. It has been accepted as a basic principle that the acts in the category of "mubah" in Islamic law are to be taken without violating the rights of others and harming the public. Accordingly, it is possible for the public authority to restrict the acts that are taken in contradiction to the purpose of Shari and the interest of others. From this point of view, the use of the right of the last will in Islamic law is not absolute and unrestricted. Therefore, in the case of harming to the inheritors, it is possible that the right to be restricted by the public authority. As a result, the last will right, in Islamic law, is restricted in four different ways in favour of the inheritors as briefly summarized above. (shrink)