FROM THE ACTIVITIES OF THE INSTITUTE Olga Nikolić, Deana Jovanović i Igor Cvejić.

Polazeci od jedne Fukoove opaske o vaznosti Kantovog razumevanja prosvetiteljstva za modernu filozofiju uopste, u ovom tekstu pokusavamo da sledimo trag veze izmedju pitanja o aktuelnosti, prosvetiteljstva i moderne kod Kanta. Ideje slobode i subjektivnosti uocavamo kao nezaobilazne za razumevanje kantovskog prosvetiteljskog projekta i njegove aktuelnosti. U tekstu pokusavamo da pokazemo kako se kod Kanta nailazi na specificno moderno shvatanje aktuelnosti koje ima dalekosezne ontoloske posledice, narocito u pogledu kategorije mogucnosti. Na osnovu sprovedenih analiza dolazimo do teze da se odgovor (...) na pitanje o aktuelnosti prosvetiteljstva ispostavlja kao ulog u borbi za ostvarenje nemoguceg. (shrink)

A common understanding of quantum mechanics (QM) among students and practical users is often plagued by a number of “myths”, that is, widely accepted claims on which there is not really a general consensus among experts in foundations of QM. These myths include wave-particle duality, time-energy uncertainty relation, fundamental randomness, the absence of measurement-independent reality, locality of QM, nonlocality of QM, the existence of well-defined relativistic QM, the claims that quantum field theory (QFT) solves the problems of relativistic QM or (...) that QFT is a theory of particles, as well as myths on black-hole entropy. The fact is that the existence of various theoretical and interpretational ambiguities underlying these myths does not yet allow us to accept them as proven facts. I review the main arguments and counterarguments lying behind these myths and conclude that QM is still a not-yet-completely-understood theory open to further fundamental research. (shrink)

Although Lermontov is traditionally viewed as Russia's “second greatest poet,” the bard of Russia's beauty and the critic of Russia's “superfluous men,” the philosophical content of his poetry and prose remains relatively unexamined. The article considers Lermontov's themes of the rebellious angel, freedom, and fate, and argues that although these themes were a product of his time, they are still relevant today.

Since Bohmian mechanics is explicitly nonlocal, it is widely believed that it is very hard, if not impossible, to make Bohmian mechanics compatible with relativistic quantum field theory. I explain, in simple terms, that it is not hard at all to construct a Bohmian theory that lacks Lorentz covariance, but makes the same measurable predictions as relativistic QFT. All one has to do is to construct a Bohmian theory that makes the same measurable predictions as QFT in one Lorentz frame, (...) because then standard relativistic QFT itself guarantees that those predictions are Lorentz invariant. I first explain this in general terms, then I describe a simple Bohmian model that makes the same measurable predictions as the Standard Model of elementary particles, after which I give some hints towards a more fundamental theory beyond standard model. Finally, I present a short story telling how my views of fundamental physics in general, and of Bohmian mechanics in particular, evolved over time. (shrink)

The aim of this paper is to clarify specific aspects of the impact of the brain-machine interface on our understanding of subjectivity. The brain-machine interface is presented as a phase of cyborgization of humans. Some projects in the field of brain-machine interface are aimed at enabling consensual telepathy - communication without symbolic mediation. Consensual telepathy refers to one of potential ways of transmission of information within singularity. Therefore, consensual telepathy is an important aspect of singularity. Singularity or human-machine symbiosis shows (...) some similarities with child-mother unity. Therefore, the psychodynamic perspective might be considered useful in thinking about human-machine symbiosis. Knowledge from developmental psychodynamic psychology combined with insights by Slavoj Zizek and Jean Baudrillard provides an additional perspective looking at human-machine symbiosis. The paper claims that if consensual telepathy becomes another way of communication, it will have the potential to annihilate subjectivity making it schizophrenic. At the same time, we look at the possibility of an escape from our inner world through the prism of addictions. (shrink)

In this paper, I explore the experiences of women who found refuge in Serbia during the war in the former Yugoslavia. I look at the women's experiences of both leaving home and coping with everyday life in refuge. The exploration of refugee women's experiences is mainly based on analyses of their own stories, which I collected while researching women and war. In spite of all the hardship of their lives, refugee women who fled to Serbia have been treated by Western (...) media, the public and aid organizations as ‘UNPEOPLE’ or as non-existent. Making their experiences visible as women, refugees and citizens is the main purpose of this article. (shrink)

This paper presents the results of research on changes in attitudes towards music education among teacher education students who were exposed to vocal-instrumental lessons over the course of two semesters. The research was conducted among second-year students of teacher education at the Faculty of Education in Osijek, Croatia. The results have shown that students’ attitudes towards music education are relatively positive both before and after exposure to music lessons. Students with choir experience had more positive attitudes towards music education. Although (...) positive attitudes after music lessons are somewhat higher, there is no statistically significant difference between the attitudes of students before or after music lessons. Further research on attitudes towards music education is suggested across a larger population of teacher education students, over a longer period of time, and using a wider range of instruments. U radu su predstavljeni rezultati istraživanja mogućnosti promjena stavova studenata učiteljskoga studija o glazbenom obrazovanju nakon dva semestra vokalno-instrumentalne nastave. Istraživanje je provedeno sa studenticama druge godine učiteljskoga studija na Fakultetu za odgojne i obrazovne znanosti u Osijeku, Hrvatska. Rezultati su pokazali kako studentice imaju relativno pozitivne stavove o glazbenom obrazovanju prije i poslije nastave glazbe, a pozitivniji stavovi su zabilježeni kod studentica koje imaju iskustvo pjevanja u zboru. Iako se može uočiti trend pozitivnijih stavova nakon nastave glazbe razlika u stavovima studentica o glazbenom obrazovanju prije i poslije nastave glazbe nije statistički značajna. Sugerira se istraživanje stavova o glazbenom obrazovanju na većem uzorku studenata učiteljskoga studija, kroz duže vremensko razdoblje i to opsežnijim mjernim instrumentom. (shrink)

After Husserl?s transcendental turn and the discovery of the correlation between consciousness and the world the concept of the noema becomes one of the constant leitmotifs of Husserl?s philosophy. My paper will be devoted to the clarification of this concept and its implications for Husserl?s theory of sense. The leading question will be: How can the noema play the role of both the sense and the objective correlate of the intentional act? I will start with presenting the problematic of sense (...) in Husserl?s phenomenology from the Logical Investigations to the Ideas I. The central part of my paper will be devoted to the influential debate regarding the interpretation of the noema. Finally, I intend to point out the most important ways in which the notion of the noema becomes enriched in later Husserl?s philosophy, as well as the difference between linguisitic and non-linguistic sense, based on the Analyses Concerning Passive and Active Synthesis. I hope to show that Husserl?s phenomenological theory of sense offers a valuable alternative to the exclusively language-oriented theories of sense. (shrink)

Книга написана для думающих и критических мыслящих граждан, ответственных и национально ориентированных политиков, ученых, общественных деятелей и особенно - для целеустремленных и ищущих свой путь в жизни молодых людей.

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek's Law, Legislation and Liberty and Robert Nozick's Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members (...) of a society. In response to this critique, we will introduce the distinction between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognise (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant's argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant's justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice. (shrink)

In this paper, which will be conceived in two units, we try to depict the form and content of those texts which could be marked as philosophical in intention. As we will see, that intention, in the first period of publishing, was determined by a strong influence of German and French Enlightenment. This influence was only natural, given the need for education for the newly-liberated population of Nis. The second period can be discribed as having a more partial interpretation of (...) philosophical problems. At the end of the account, the article is focused on the investigation of cultural and social reasons which caused such a tendency. In this sense, the founding and development of the Faculty of Philosophy in Nis was the main reason behind the progress in philosophical publishing. U ovom radu, koncipiranom kroz dve celine, nastojacemo da ukazemo na formu i sadrzaj onih tekstova cija se usmerenost moze oznaciti filozofskom. Kako ce se videti, ta usmerenost, u prvom periodu izlazenja casopisa, odredjena je uticajima nemackog i francuskog prosvetiteljstva. U drugom periodu, s razloga kojih cemo se tokom rada dotaci, primeticemo sve izrazeniju tendenciju ka izlazenju tekstova koji se mogu oznaciti striktno filozofskim. Otuda cemo ovaj casopis sagledavati, s jedne strane, u kljucu njegovog prosvetiteljskog nastojanja za obrazovanjem tek oslobodjenog niskog stanovnistva, s druge, obzirom na kulturne i drustvene okolnosti u drugoj polovini XX veka. Kako cemo na kraju pokusati da obrazlozimo, tendencija ka sve vecoj prisutnosti filozofskih tekstova, kao i njihova sve izrazenija intencija ka parcijalnom sagledavanju problema, bazirana je na zastupljenosti filozofije unutar obrazovnih institucija. (shrink)

Deep-rooted political turbulence, along with the present hybrid regime, have resulted in an undesirable social, economic and political milieu in Serbia. Such an atmosphere is a fertile ground for a grey economy, corruption, nepotism and restrictions to media freedoms. These?unconventional? means of social functioning, have caused a decline in trust towards state institutions and proportionally, increase of citizen participation in non-institutional models of engagement. The aim of this paper is to analyse one such model of non-institutional engagement: the local activist (...) group Za nas Kej, operating in the area Savski blokovi in New Belgrade. The authors analysed local residents? perception of the activist group Za nas Kej in comparison to the group?s narratives and actions. By using a grounded theory approach authors explained the role of groups such as Za Nas Kej in the development of participatory and deliberative democracy within the local community. Our data indicates that Za nas kej, despite its local character, does not have a strong foothold in the community, and thus receives only passive support. Citizens perceive Za nas kej as mediator between local institutions and residents of the Sava apartment blocks. Despite the failure to mobilise a wider group of citizens for their cause, this activist group continues to be a relevant actor within the local community. (shrink)

A common understanding of quantum mechanics (QM) among students and practical users is often plagued by a number of “myths”, that is, widely accepted claims on which there is not really a general consensus among experts in foundations of QM. These myths include wave-particle duality, time-energy uncertainty relation, fundamental randomness, the absence of measurement-independent reality, locality of QM, nonlocality of QM, the existence of well-defined relativistic QM, the claims that quantum field theory (QFT) solves the problems of relativistic QM or (...) that QFT is a theory of particles, as well as myths on black-hole entropy. The fact is that the existence of various theoretical and interpretational ambiguities underlying these myths does not yet allow us to accept them as proven facts. I review the main arguments and counterarguments lying behind these myths and conclude that QM is still a not-yet-completely-understood theory open to further fundamental research. (shrink)

U radu se artikulisu i razvijaju ontoloske postavke i posledice Rusoovih razmatranja o slobodi, koje su u njegovim spisima cesto ostajale u drugom planu. Posebno se naznacuje jedan ontoloski bitan aspekt Rusoove radikalnosti, u kojem je raskidanje veza s prirodom, takozvani izlazak iz prirodnog stanja i sklapanje drustvenog ugovora, neodvojivo od njegovog razumevanja slobode, jednakosti i politicke delatnosti. Pokazuje se kako totalna alijenacija dovodi do radikalnog raskida s prirodom, a nenuzno iskrsavanje opste volje i uspostavljanje slobode kao samozakonodavstva tumaci se (...) kao dogadjaj politike, ciji uslov i zakon jeste opsta jednakost. (shrink)

Brojna su istraživanja potvrdila vezu između glazbenog obrazovanja i dobrobiti za opći razvoj djeteta. Glazbene aktivnosti koje stavljaju težište na ritam u nekim su se istraživanjima istakle kao sredstvo poticaja djetetovog razvoja u ne-glazbenim domenama. Rad se bavi ulogom temporalne dimenzije glazbe u glazbenom i općem razvoju djeteta. Iznose se dosadašnje spoznaje o percepciji, obradi i izvođenju glazbenog ritma, pulsa i metra te tijeku ritamskog razvoja djeteta. Daje se pregled istraživanja utjecaja glazbenih aktivnosti koje se temelje na ritmu na ne-glazbene (...) domene razvoja te se preporuča rani rad na ritmu. Ističe se potreba provođenja eksperimentalnih istraživanja koja bi rasvijetlila ulogu ritma u razvoju djeteta i modeli rada na ritmu primjenjivi u institucijama koje se bave djecom, uključujući i terapijske te rehabilitacijske ustanove. Numerous studies have confirmed the correlation between music education and child development. In some studies, musical activities based on rhythm have been highlighted as a means of stimulating children’s development in non-music domains. The paper deals with the role of the temporal dimension of music for both the musical and general development of the child. The text presents knowledge about the perception, processing, and performance of music rhythm, pulse, and meter, as well as the course of the rhythmic development of the child. An overview is provided of the impact of rhythm-based music activities on non-music developmental domains together with recommendation for early work on rhythm. We emphasized the need to conduct experimental research to shed light on the role of rhythm in the development of the child and the rhythmic models applicable in child care institutions, including therapeutic and rehabilitation institutions. (shrink)

Statistical physics cannot explain why a thermodynamic arrow of time exists, unless one postulates very special and unnatural initial conditions. Yet, we argue that statistical physics can explain why the thermodynamic arrow of time is universal, i.e., why the arrow points in the same direction everywhere. Namely, if two subsystems have opposite arrow-directions at a particular time, the interaction between them makes the configuration statistically unstable and causes a decay towards a system with a universal direction of the arrow of (...) time. We present general qualitative arguments for that claim and support them by a detailed analysis of a toy model based on the baker’s map. (shrink)

В книге представлены материалы Всемирного дня философии в России «Философия в диалоге культур» (16–19 ноября 2009 г., Москва – Санкт-Петербург). Философское осмысление диалога культур в самых разных контекстах формирует содержание книги – от приветственных слов и пленарных докладов до текстов участников круглых столов: «Освобождаясь от стереотипов в истории философии»; «Диалоги рациональностей»; «Культурное самосознание в эпоху глобализации»; «Философские образы человека»; «Технологические вызовы ХХI века»; «Ценности и диалог культур»; «Философия для детей»; «Преподавание философии в поликультурном мире».

O složenoj koncepciji kategorije »vremena« u Šopovu djelu, napose u njegovoj kozmičkoj fazi, napisane su važne i temeljne rasprave. Ovaj prilog istražuje prozu Nikole Šopa koja prethodi kozmičkoj fazi, kako bi se rekonstruirao razvitak koji je pjesnika doveo do toga da se udalji od »zemaljskog vremena« i da zasnuje »kozmičko vrijeme«. Sat kao konkretan instrument za mjerenje, toliko prisutan kao diskretni protagonist na stranicama Šopovih djela, čini vodeću nit ove analize. To je onaj »zemaljski sat« kojega se pjesnik, dospjevši u (...) svemir, želi osloboditi, ne znajući što činiti s njime: » nekome u džepu skriven kuca zemaljski sat. / Netko ga krije. / Netko još mjeri po starinski. / Tko je, da je, što će mu ta sprava« . Ali to je i sat koji još od prvih pjesama u prozi gubi značajke običnog predmeta da bi bio obdaren metafizičkim svojstvima. (shrink)

The present work is aimed at filling a hiatus in the literature dealing with the Young Hegelians and the early thought of Karl Marx. Despite the prevalent view in the past few decades that Bruno Bauer played an important part in the radical activity of Hegel's young disciples in the eighteen forties in Germany, no comprehensive work has so far been published on the relations between Bauer and Marx. In 1927 Ernst Bar nikol promised to write a monograph on the (...) subject, but he never did. For the purpose of this study I perused material in numerous library collections and I would like to express my gratitude to the staff of the following institutions: Tel Aviv University Library, the Library and Archive of the International Institute of Social History in Am sterdam, the Heidelberg University Library, the Library of Gottingen University, the Tiibingen University Library, Frankfurt University Library, the State Library at Marburg, the Manuscript Department of the State Archives in Berlin. (shrink)

This paper critically discusses an objection proposed by Nikolić against the naturalness of the stochastic dynamics implemented by the Bell-type quantum field theory, an extension of Bohmian mechanics able to describe the phenomena of particles creation and annihilation. Here I present: Nikolić’s ideas for a pilot-wave theory accounting for QFT phenomenology evaluating the robustness of his criticism, Bell’s original proposal for a Bohmian QFT with a particle ontology and the mentioned Bell-type QFT. I will argue that although Bell’s model should (...) be interpreted as a heuristic example showing the possibility to extend Bohm’s pilot-wave theory to the domain of QFT, the same judgement does not hold for the Bell-type QFT, which is candidate to be a promising possible alternative proposal to the standard version of quantum field theory. Finally, contra Nikolić, I will provide arguments in order to show how a stochastic dynamics is perfectly compatible with a Bohmian quantum theory. (shrink)

Tekst predstavlja osvrt na knjigu Nikole Skledara Filozofija i život i pokušaj je kritičkog prikaza, u osnovnim crtama, njegova teorijskog i intelektualnog profila, uzimajući u obzir i neke druge njegove knjige. Osnovni je cilj pokazati jednu izgrađenu i izvorno otvorenu antropologiju koja, u interpretaciji čovjekova povijesnog opstanka, ima egzistencijalni, hermeneutički i humanistički karakter. Tekst razmatra glavne teme kao što su: odnos filozofije i suvremenog života, suvremeni odgoj/obrazovanje i filozofija čovjeka, integralna bioetika, filozofija prema religiji i znanosti, eros i thanatos, o (...) životu poslije smrti, filozofijske osnove znanosti, iz opusa naših filozofa i dr.This text is a review of Nikola Skledar’s book Philosophy and Life, but it also represents an attempt to critically outline the author’s theoretical and intelectual profile taking into account his other books. The main objective of the text is to present developed and original open anthropology which has existential, hermeneutical and humanist character in interpretation of the man’s historic subsistence. The text examines principal themes like: the relation between the philosophy and contemporary life, modern education/schooling and the philosophy of man, integral bio-ethics, philosophy towards religion and science, eros and thanatos, about the life after death, philosophical foundations of science, from the work of our philosophers, etc. (shrink)

The sciences of kalam and fiqh, which have a special importance in the history of Islamic thought and science, became prominent with their interactions with other sciences in their formation processes and their contributions to the evolution of religious thought. In the literature, the field representing the linguistic, religious, mental and practical aspects of fiqh has become widespread with the concepts of usūl-i fiqh and fürū-i fiqh, and the part about creed as usūlü'd-dīn or fiqhu'l-akbar. It has drawn our attention (...) that Imam Abū Ḥanīfa and Imam Shāfiʿī's ijtihads, fatwas and thoughts have remained up to date in every century without exception in the vortex of overdoing and understatement in these two disciplines. However, there are some narrations stating that although these imams were interested in kalam, they kept a distance from it. Their, famous students also indicated that they gave them advice in this sense. Therefore, this study has been prepared in order to examine the background of the aforementioned issues. For this purpose, the reasons why two imams preferred the science of fiqh in the main axis of the subject were subjected to a general criticism. Consequently, it has been seen that both imams had similar concerns and their ideas have been overlapping in the face of the creed developments of the period. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been attributed (...) to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

Although the family is the safest environment for each member, sometimes violence and abuse can come from the family members. Violence causes family relationships to deteriorate as in all other relationships among people. Sibling violence, as a form of domestic violence, can sometimes have dire consequences that can result in family breakup, death or long-term loss of one of the siblings. In this study, sibling violence, which has the potential to harm family relations in such a way, will be discussed (...) in the context of two stories in the Qurʾān. It is aimed to contribute to other disciplines that study on this subject by examining the attitude of Islam against this violence, which affects the family, and the solutions of the Qur’ān to sibling violence. These stories in the Qur’ān are the story of Prophet Adam’s two sons who narrate an incident of violence that result in the brother killing his brother, and the story of Prophet Joseph and his brothers who narrate the sibling violence resulting in long-term loss. Both stories provide clues to the prevention of violence in the light of the causes of sibling violence and the behavior of the victim sibling in the development of events. In addition, because of the fact that these stories have taken place in the family of the prophets, they give people the message that sibling violence can happen in any family.Summary: Because of the social nature of the mankind, it must live in structured societies. Family is the medium for him where he is born, raised, socializes and prepares for his future life. It is normal sentiments of love, mercy and tolerance which dominate in a family. But despite this, it is possible for a family member to be a transgressor against another family member’s rights. Emotions like jealousy and hostility can cause violence between siblings. Psychologists generally attribute the source of this kind of violence to the parents’ failure to show equal love and affection to all children. While this is an important cause for violence among the siblings, craving for attention and acceptance from society, trying to achieve material and sensual superiority and desire for social success can incite feelings of envy among the siblings. While feelings of jealousy is unproblematic when its intensity can be considered normal, it can cause psychological imbalance if it increases to the level beyond manageable limits. If the latter case occurs, this produces a state of mind where a sibling becomes capable of committing every act of transgression to another sibling, which is the most important cause for the violence among siblings.Archetypical stories of Cain and Abel, and Prophet Joseph in the Qur’ān provide some clues pertaining to recognition and prevention of violence among the siblings. In these two parables, the real reason for envy does not lie in the other sibling. According to the Qur’ān, the true reason for this envy is attributed exclusively to the transgressor. In the parable of Cain and Abel, source of the problem between the siblings is the sacrificial offering to Allah. While the offering of Abel was accepted, Cain’s was not. Cain felt jealous and threatened his brother with death. Facing with his brother’s threat, Abel stayed firm and peaceful, said to his brother that if he were to attack him, he will not retaliate even for self-defence. He reminded Cain that his envy and anger was not due to him, Abel. Abel reminded Cain that the act that Cain was contemplating was a great sin in Allah’s eyes and that it is punishable by eternal hellfire. Cain, despite these warnings, went on to implement his intention of murder successfully.When we inspect the parable we can see that Abel was free from any guilt on his part for his brother’s envy which is the source of his transgression. His sacrifice was accepted because Abel was among the pious and this doesn’t harm or effect negatively Cain in anyway. Therefore the main cause for the jealousy of Cain is his unworthiness in the eyes of Allah, in reality, the reason is solely Cain himself. Therefore it is totally unfair when Cain put the blame on his brother Abel. By the way of this example, the Qur’ān reminds mankind not to blame others for his problems and to take responsibility. Envy, which is the main reason for violence among siblings, will cloud judgment and prevent clear thinking. In the parable of Cain and Abel, the Qur’ān recommends not to taunt the already jealous sibling by way of words and actions and instead, encourages warning against the grave consequences of evil intentions both in this world and in the hereafter. In the parable of Prophet Joseph, because of jealousy of their father from Joseph, bigger brothers of Joseph planned to kill him but they give up on the idea of killing him and instead they dumped him in a well. Later on in the parable, some merchant finds Joseph and brings him to Egypt. There, Joseph becomes a high ranking statesman and meets with his older brothers. Because of the famine, older brothers are in need of Joseph for food and asks him for it, without knowing that the person they are asking from is their little brother, Joseph. Although Joseph faces with his brothers on a superior position his behavior exemplifies the best course of action to end violence among the siblings. In order to remove animosity and callousness from his brothers’ heart, the gradual plan that Joseph had implemented is a great example for healing the wounds that violence among the siblings can cause. It is unreasonable to expect all the animosity and jealousy that brothers of Joseph held for years to go away completely in a moment. Prophet Joseph did not remind his brothers of their crime, on the contrary he was very generous to them. He brought their father and their brother Benjamin to Egypt and in front of them Prophet Joseph forgave his older brothers for the crimes they had committed against him. In this way, Prophet Joseph prevented his brothers potentially denying every transgression they did if he were to confront them in their first meeting, and made them ready to accept their evil deeds.Parables of Cain and Abel and Prophet Joseph are important for recognizing that envy can destroy the mercy that the siblings innately have for each other. It is understood from the parables that envy must be controlled and violence can’t be realized under any circumstances. It is clear from these parables that violence is never a solution for the jealousy among the siblings. A positive and viable solution would be for Cain to seek Allah’s approval instead of killing Abel and for brothers of Joseph this would be to earn their father’s love and respect. Introspection and analysis regarding possible reasons for jealousy and trying to resolve them and striving to be a better human, sibling, or child is a solution prescribed by the Qur’ān. Also, importance of speaking in a soft tone with the person who is experiencing intense jealousy, avoiding provocative language and behavior and trying every possible way to set this person straight is emphasized. The Qur’ān reminds us through these two parables that the human nature is prone to evil suggestions from the satan and for this reason humans need generous and benevolent help from others in order to clear themselves from these evil temptations. (shrink)

Sŏnghak chibyo -- Kyŏngmong yogyŏl -- Si wa pu.