Civilization; Modernism; Arab countries; intellectual life.

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought (...) together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

On conduct of life and ethics of Islamic seminarians.

Adudüddîn el-Îcî’nin (ö. 756/1355) er-Risâletü’l-vaz‘iyye adlı eserinin esas konusunu oluşturan müphem lafızlar meselesi müteahhir dönem İslâm düşüncesinin iki büyük ismi olan Sa‘duddîn et-Teftâzânî (ö. 792/1390) ile Sey- yid Şerîf el-Cürcânî (ö. 816/1413) arasında mantık ve dil felsefesi açısından ciddi bir ihtilaf konusuna dönüşmüştür. Tartışmanın izleri geç dönem Osmanlı filozoflarından İsmail Gelenbevî (ö. 1205/1791) ve şârihlerine kadar takip edilebilmektedir. Bu makalede ben; söz konusu tartışmayı, çağdaş dil felsefesindeki bağlam duyarlı terimler prob- lemine atıfla ele alıyorum. Yazı boyunca hem Îcî’nin risalesini izleyen (...) literatürü kullanarak konunun dil felsefesi geleneğindeki seyrini hem de mantık eserlerine müracaatla Teftâzânî’nin bu tartışmayı nasıl bir mantık meselesine dönüştürdüğünü inceliyorum. Böylece Teftâzânî’den Gelenbevî’ye kadar bazı filozofların, bağlam duyarlı terimlerin mantıksallaşmasına yönelik katkı veya eleştirilerini göstermeyi amaçlıyorum. (shrink)

Ḥadīths have been preserved and recorded in various ways since the Companions. These activities continued dur-ing the Tābiīn (the successors of the Companions) Period. So much so that these methods have formed the infra-structure of other methods that will emerge later. In this context, before the 70's (A.H.), works named al-Aṭrāf appeared. However, these first works consisted of the notes that they wrote some of the ḥadīths before coming to the science assemblies to help students remember in ḥadīth learning. Ḥadīth (...) scholars have adopted and applied this method in a very short time. Thus, this method also provided the opportunity for the formation of the first written ḥadīth documents. In addition, with the writing of ḥadīth works, it has turned into a system of al-Taṣnīf and al-Takhrīj in order to make maximum use of these books and to reach the source of a narration that is tried to be found. As a result, al-Aṭrāf literature, which can be evaluated as index, has emerged. As a matter of fact, the first examples of this literature, arranged alphabetically according to the names of the Companions or ḥadīth texts, started to be given since the 4th (A.H.) century. In this way, the way to quickly benefit from the accumulation of the ḥadīth area has been opened. This article focuses on the historical adventure of al-Aṭrāf and their contributions to the ḥadīth field, as well as literature knowledge of the works of al-Aṭrāf which are of great importance for both al-Kitābah, al-Taṣnīf and al-Takhrīj.Summary: In order to understand and practice the religion of Islām, great efforts have been made both in the past and later periods in order to convey the words, verbs, interpretations and qualifications of the Prophet to the next genera-tions as they are protected from all kinds of falsification and changes. This process, which started with memoriza-tion and partly writing at the beginning, has gained momentum with the use of other methods since the period of Tābiīn. In this context, the method of aṭrāf was started to be used to facilitate memorization, to be a reminder, and to transmit the ḥadīth through the hearing of the ḥadīth sheikh. The first examples of this method were seen by Muḥammad b. Sīrīn during his participation of his teacher Abīde/Ubayda Salmān in the scholarly assembly. At this stage, the relevant method was manifested as writing a passage from the beginning of the ḥadīth. Thus, the aforementioned method, which had great contributions in recording and memorizing ḥadīths in accordance with the original, has gained widespreadness and application among the ḥadīth scholars like Ubeydullaḥ b. Omar, Shu’bah b. al-Ḥajjāj, Sufyān as-Sawrī, Mālik b. Anas, Ismāīl b. Ayyāş and Vakī b. Jarrāḥ in a very short time. In this context, Yazīd b. Zuray’ stated that he went to his teacher without his aṭrāf work of ḥadīths which he transmitted from Shu’bah and listened to ḥadīth in this way. Therefore, this mentioned event is important in terms of putting forth that Shu’bah allowed the aṭrāf method in his assemblies. The method was used by Aḥmad b. Ḥanbal, who traveled to Madīnah to convey the reports recorded with the mentioned method of his teacher Abū Alḳama al-Farawī and at the same time listen to the related transfers from him, but who could not reach his goal. Therefore, the related narrations show that aṭrāf method was used effectively by ḥadīth scholars to remember the ḥadīths in the 1st and 2nd centuries, so sections from the narrations were written during the preparatory stage before coming to the scholarly assembly. Ultimately, the importance of these works, which manifest in different ways and offer great contributions to writing, is an undeniable reality for the history of ḥadīth.Aṭrāf, the plural form of taraf that literally means the side and edge of something, mean a section, phrase or first part that indicates the whole of the ḥadīth. This method, along with the formation of ḥadīth literature, has been started to be given as a name to the works organized alphabetically according to the name of the Companions or ḥadīth texts by mentioning some of the ḥadīths with the 4th century. In this sense, aṭrāf has started to become a unique literature in a sort of taṣnīf and takhrīj method in order to make use of the ḥadīth writing easier.Aṭrāf studies may aim to bring together the isnāḍs (chains of transmitters) in all books, or they can be limited to the chains in certain books. Aṭrāf books contain the ḥadīths in the Ṣaḥīḥān or Kutub al-Sittah and are written in alphabetical form based on the name of the companions or according to the texts of ḥadīth. The first of these, which has the attribute of the musnad in a sense, is arranged in alphabetical order according to the name of the Companion, and if there are many people who narrate from him, according to the names of the tābiīn and taba-i tābiīn (successors of the tābiīn). Accordingly, the narrations of each companion were determined and listed in al-phabetical order in aṭrāfs in musnad-type, and a passage was written from the ḥadīths and marked as books/chapters in the places of relevant narration. On the other hand, the second type of aṭrāf books were ar-ranged by giving a few words from a section that allows remembering the head or all of the ḥadīths without in-cluding chains, and then placing these texts in alphabetical order.The type of aṭrāf offers the opportunity to see different chains of narrations together and provides many facilities for the ḥadīth researchers. Therefore, ḥadīth researchers show great interest in this genre. Aṭrāfs provide many benefits for both ḥadīth chain and text. In this respect, it is possible to talk about many advantages of the ḥadīth to its transmister such as the determination of mutawātīr, garīb, azīz, mashhūr, mutābī or the testimony of ḥadīth; to provide facility to make a reputation research of a riwāyah (narration), to provide an opportunity to determine the location of the narrations in the primary sources; to detect the link or any blackout in the chain, to reach the nu-merical knowledge of ḥadīth narrated by a companion or other narrators, to obtain information about narrators whose identity is not explicitly stated, to know the first narrator, to provide the protection of the ḥadīths from taḥrīf or alteration, to give the opportunity to identify the subject they contain, to be able to obtain text integrity by getting various chains, the detection of the sabab al-wurūd (the context of ḥadīth).Due to the contributions we have mentioned above, many books on aṭrāf literature that started with Abu’l-Ḥasen Ali b. Omar ad-Dārakutnī have been published. Among them Aṭrāfu’s-ṣaḥīḥayn/el-Jem`u bayna’s-ṣaḥīḥayn by Abū Mas`ūd Ibrāhīm b. Muḥammad b. Ubayd ad-Dimashkī, Aṭrāfu’s-ṣaḥīḥayn by Abū Muḥammad Ḥalaf b. Muḥammad b. Ali al-Vasiṭī, Zaḫāiru’l-mavārīs fi’d-dalālati alā mavāzi`i’l-hadīs by Abdülganī b. İsmāīl en-Nāblūsī and Tuḥfatu’l-ashrāf bi ma`rifati’l-aṭrāf by Abu’l-Ḥajjāj Yūsuf b. Abdurrahman el-Mizzī can be mentioned. Some of the related works are arranged in musnad style while others are arranged according to the first word of ḥadīth texts. As a result, the method of aṭrāf has become a kind of indexer in order to facilitate reaching the source of the re-ports and make the highest level of use required by the classification and bookings of the ḥadīths in the 3rd centu-ry. These works, arranged alphabetically in the name of the Companions or according to the texts of the ḥadīth, have taken their place in the history of the ḥadīth with their many examples, both in the form of taṣnīf and the method of takhrīj by mentioning a part of the ḥadīth by the head. (shrink)

Collection of the papers on language and globalization.

Ruhollah Khomeini views on clergy and professional ethics.

Diese anonyme Schrift, lange Cicero zugeschrieben, ist das wohl älteste Handbuch der Rhetorik in lateinischer Sprache. Sie bietet ein vollständiges, in sich geschlossenes System der Rhetorik, wie sie sich bis dahin vor allem in Griechenland entwickelt hatte. In der nüchternen, sprachlich oft spröden und formalistischen Schrift wird das recht verzweigte und teilweise komplizierte System der antiken Redekunst übersichtlich dargestellt. Die Kenntnis dieses Textes, der z.B. im Mittelalter eine wichtige Rolle spielte, ist für jeden wichtig, der antike Rhetorik genauer kennenlernen möchte. (...) Einführung, Register und Anmerkungen sind in diesem Fall von besonderer Wichtigkeit: sie tragen dazu bei, dass dieses Dokument der Rhetorik auch Lesern außerhalb des Bereich der Altphilologie zugänglich und verständlich wird. (shrink)

On Jaina philosophy and doctrines; Sanskrit text with commentary and Gujarati translation.

We investigated whether adults have attentional bias toward infant faces, whether it is moderated by infant facial expression, and the predictive effect of the adult attachment state on it. One hundred unmarried nulliparous college students [50 men and 50 women; aged 17–24 years ] were recruited. Each completed a self-report questionnaire—the Chinese version of the State Adult Attachment Measure, and a dot-probe task with a stimulus presentation duration of 500 ms, which used 192 black-and-white photographs of 64 people as the (...) experimental stimuli. The results showed that, at the duration of 500 ms, individuals' attentional bias toward infant faces disappeared, regardless of the facial expression. However, when the interaction between avoidant attachment state and face was controlled, the attentional bias was significant again, and the avoidant attachment state negatively predicted individuals' attentional bias toward infant faces. This indicates that at the suprathreshold stage, there are individual differences in the attentional bias toward infant faces, and high avoidant attachment will weaken individuals' attentional bias toward infant faces. This study advances previous studies that focused only on individuals' attention to infant faces occurring at the early processing stage of attention. The results provide direction for interventions; specifically, changing the attachment state of avoidant individuals can affect their attention to infants, which may promote the establishment of parent–child relationships. (shrink)

Contributed seminar papers on concept of knowledge in Indian philosophy organised by Poornprajna Samshodhana Mandirm, Bangalore in March 2010.

The Indonesian Ulema Council (MUI) has issued an illegitimate fatwa against smoking in mosques because it endangers the health of worshippers and interferes with the comfort of worshippers. This study aims to investigate smoking behaviour in mosques and violations of fatwas from ulama and governor regulations. This study follows a cross-sectional design conducted by interviewing 531 Muslims who have prayed in the mosque for the last 14 days and observed the compliance of the mosque in implementing a smoke-free policy in (...) 315 mosques. Frequency distribution and cross-tabulation were carried out using JASP 16 software using cross-tabulation. The results of this study indicate that the implementation of the smoke-free policy for mosques in Medan has been violated many times (57.8%), especially the violation regarding smoking in mosques (32.1%); cigarette butts were still found in the yard of the mosque (44.1%). Violations of the policy of fatwa smoke-free areas occurred in public mosques (61%) and muhammadiyah mosques (46.5%). Smoking behaviour in mosques was seen in the last 2 weeks, namely smoking behaviour carried out by worshippers (57.6%), smoking behaviour carried out by mosque administrators (39.2%), smoking behaviour carried out by community leaders in mosques (19.4%) and smoking behaviour that ulemas carried out in mosques (14.3%). Worshippers must comply with the rules against smoking in mosques because it can endanger the health of other worshippers. Cigarette smoke in the mosque will make other worshippers uncomfortable to worship so that it can damage the solemnity of the congregation to worship in the mosque. Contribution: This study is expected to explain smoking behaviour in mosques, violations of smoking behaviour in mosques that violate the ulama’s fatwa regarding smoking behaviour in mosques and the governor’s regulation on smoking behaviour in mosques. (shrink)

Ṭūsī, Naṣīr al-Dīn Muḥammad ibn Muḥammad, 1201-127 ; Risālah-i is̲bāt al-ʻaql - Criticism and interpretation.

Research on the joint effect of multiple motives for studying was recently given a push in a new direction with the introduction of the motivational mindset model. This model contributes to a better understanding of study success and student wellbeing in higher education. The aim of the present study is to validate the newly developed model and the associated mindset classification tool. To this end, 662 first-year university students were classified in one of the four types of motivational mindset using (...) the classification tool and three exploratory validation procedures were conducted through sense of purpose, study engagement, and students’ background characteristics in terms of gender and ethnicity. Both purpose and study engagement are central dimensions of student wellbeing and predictors of study success. The results show that sense of purpose and study engagement differ across the four types of mindset, students in the low-impact mindset show the least optimal pattern of study engagement and sense of purpose, sense of purpose and study engagement are positively related and this relationship is consistent across mindsets, and overall differences in purpose and study engagement between gender and ethnic subgroups stem from one specific type of motivational mindset. The results provide support for the validity of the MMM and the usefulness of the MCT. The implications of the findings are discussed as well as promising avenues for future research. (shrink)

First-year university students have multiple motives for studying and these motives may interact. Yet, past research has primarily focused on a variable-centered, dimensional approach missing out on the possibility to study the joint effect of multiple motives that students may have. Examining the interplay between motives is key to better explain student differences in study success and wellbeing, and to understand different effects that interventions can have in terms of wellbeing and study success. We therefore applied a student-centered, multidimensional approach (...) in which we explored motivational profiles of first-year university students by combining three dimensions of motives for studying which have been shown to be differently related to academic functioning. Using cluster analysis in two independent, consecutive university student cohorts, we identified four meaningful profiles and coined them motivational mindsets. We validated the four mindset profiles not only within each student sample but also found almost identical profiles between the student samples. The motivational mindset profiles were labeled: high-impact mindset, low-impact mindset, social-impact mindset, and self-impact mindset. In addition to validating the paradigm, we developed a mindset classification tool to further use these mindsets in practice and in future research. (shrink)

Since 1923 the Sammlung Tusculum has published authoritative editions of Greek and Latin works together with a German translation. The original texts are comprehensively annotated, and feature an introductory chapter. In the new volumes, additional essays delve into specific aspects of the works, illuminating their historical context and reception to the present day. The high academic quality of the new editions together with clearly written essays and annotations make the Sammlung Tusculum essential reading for students who are discovering an ancient (...) author for the first time as well as professional scholars who would like to gain a deeper understanding of specific aspects of a given work. Moreover, the series is ideal for lay readers who would like to engage with antiquity through a reliable German translation. The series contains over 270 titles, available in print and eBook editions, making previously out-of-print titles and rarities available again for the first time. In order to celebrate the 90th anniversary of the series, De Gruyter is proud to present Tusculum Online, an eBook package which contains all titles that appeared between 1923 and 2013 - a fitting tribute to an important part of German publishing history. For more information, please see www.degruyter.com/tusculum. (shrink)

The ‘Private Language’ sections of the Philosophical Investigations §§ 243–315 serve to undermine the idea that our ordinary felt sensations, e.g., of heat, or cold, or pain, together with our experienced impressions of colour or of sound, are ‘private’ or ‘inner’ objects, where an object mirrors in the mental realm what we associate with that of the physical. This paper explores Wittgenstein's method in these sections, together with the work of several of his commentators who agree with his ‘therapeutic’ approach (...) to the denial of a possible private language. More significantly, however, it discovers a paradox in the fact that a number of philosophers who claim that his ‘Argument Against Private Language’ is unsuccessful point in reaching this conclusion to the very features concerning first-person sensation ascription that Wittgenstein employs to reveal that our ordinary sensations are not ‘private’ to us in that sense identified in § 243, which talks of ‘a language used to refer to what only its speaker can know’, viz, ‘his immediate private sensations’. This helps to explain why there is still no general agreement on the significance of §§ 243–315. (shrink)

Personennamen leisten den größten Anteil an der sprachlichen Herstellung zweier Geschlechter. Die Beiträge dieses Bandes beleuchten diese Leistung aus linguistisch-onomastischer, soziologischer und historischer Sicht. Sie untersuchen u.a. inoffizielle Namen in Nahbeziehungen, die Benennung Ungeborener, die Umbenennung Transsexueller, deutsche, niederländische und schwedische Unisexnamen sowie das phonologische Degendering von Jungenamen der jüngeren Zeit.