The primary objective of this research is to examine the potential influence of environmental, social, and governance (ESG) disclosure on cash holdings. Additionally, the study explores the role of earnings management (EM) practices as a mediating factor in this relationship. The sample comprises 797 companies listed on financial markets across 19 European countries, and the data spans from 2013 to 2019. The outcomes indicate a significant negative correlation between ESG disclosure and cash holdings, implying that ESG performance can be used (...) by management to resolve disputes with stakeholders. The outcomes further indicate that the existence of EM practices partially mediates the link between ESG disclosure and cash holdings. Moreover, they are robust by substitute cash holdings specification, three distinct initiatives of ESG disclosure (i.e., environment, social, and governance), and a two-stage least squares assessment. Therefore, the findings document that nonfinancial reporting in the form of ESG disclosure can assist in controlling agency conflict, leading to better valuations of company performance by stakeholders. (shrink)

El ms. árabe num. 1.077 de El Escorial contiene una obra de Abū Isḥāq al-Garnāṭī, cuyo último capítulo lo constituye la enumeración de veintidós normas jurídicas, en cuatro de las cuales los andalusíes no siguieron la doctrina de Mālik, y en las dieciocho restantes se apartaron de la de Ibn al-Qāsim. Ese mismo texto aparece también al final de K. al-Mufīd del cordobés Ibn Hišām. En este artículo su autor, tras definir el concepto de ‛amal local, plantea la cuestión de (...) la autoría del citado texto, ofrece una edición crítica y traducción del mismo a partir de las dos fuentes mencionadas y hace un estudio diacrónico de la aplicación en al-Andalus de esas controvertidas normas. Dicho estudio muestra que tales diferencias con respecto a Mālik o Ibn al-Qāsim no siempre se mantuvieron, sino que caracterizaron más bien el fiqh «temprano» andalusí. (shrink)

Sunnah is an issue that Muslims pay special attention to it, since it is the second source of the religion of Islam. After the Prophet’s passing away, both the companions (al-saḥāba) and the successors (tābiʻūn) and tabaʻu al-tābiʻūn made extraordinary efforts to understand and interpret the Sunnah correctly. In fact, since the science of hadith is the common denominator in all fields of basic Islamic sciences, all scholars have tried to explain the transmission of hadith, the way it was narrated, (...) whether the narrators were competent to narrate, the explanation of unknown words in the hadith, etc. Although it is possible to find this activity during the Prophet’s time, it continued in a semi-systematic manner over time, especially after the third century. After the fourth century of hijri, the hadith commentary (sharḥ) process took on a completely systematic character and the science of hadith commentary became a sub-discipline of the hadith department. The process of writing commentaries, which started in the Islamic world and became a tradition over time, concentrated on the books that established the dominance on Muslim society. In this framework, serious contributions were made to the commentary literature in the following periods of time and an enormous commentary literature was formed. However, in the formation of the hadith commentary literature, the sectarian affiliation of the commentator was one of the most influential factors in determining the content of the commentary. In this context, Imām Mālik’s study named al-Muwaṭṭaʼ and al-Kutub al-Sitta took the lead in the development of the hadith commentary literature. In particular, al-Imām Mālik’s al-Muwaṭṭaʼ attracted the attention of the scholars of Andalusia who were interested in the science of hadith, and scholarly trips were made to Medina, one of the eastern Islamic countries, for the education and training of hadith, and as a result of these trips, the people of Andalusia adopted the Mālikī sect. Therefore Imām Mālik’s study named al-Muwaṭṭaʼ became one of the most important books. In Andalusia, serious commentaries were written on the aforementioned study in almost every century starting from the third century of hijri. One of these commentaries is Abū al-Muṭarrif al-Qanāziʻī’s study named Tafsīr al-Muwaṭṭaʼ, which is the subject of our research paper. There is no detached study on this study. For this reason, this study is important in terms of obtaining information about Andalusian hadith commentary. Likewise, it is expected that this study will also be a source of literature for comprehensive studies such as Maliki hadith commentarism and hadith methodology. (shrink)

In this article, the introduction to the book of Kitāb al-Mulakhkhas al-Muwatta' by Qābisī (d. 403/1012), one of the hadith scholars of Maghrib geography, is discussed. The author wrote this work in order to bring together the continual documents in the Ibn al-Qāsim narra-tion of Mālik b. Anas' (d. 179/795) al-Muwatta. In the introduction, the author first stated the purpose of the writing of Kitāb al-Mulakhkhas al-Muwatta''s and the method followed in the work. Namely, he states that he compiled this (...) work to respond to the demands of those who asked him to bring together the hadiths of Mālik b. Anas, whose chain is complete. In the compilation of the work, he was content with the only narration of Muwatta. He followed the method of collecting the musnad hadiths in this narration, the ones with clear continuous. However, he preferred not to include the narrations that were closed in his continuous in his work. After this information, the author has included some issues of hadith methodology in the introduction part. The main purpose of the study is to determine the concepts and subjects of the hadith methodology that he discussed in this section. In this context, firstly, information about Qābisī's life was given, and his education was mentioned. Then, some information about the features of the work in question is presented. Afterwards, the concepts of hadith methodology that he mentioned in the introduction of his work and his explanations on these issues were examined under separate headings. Although he is encouraged to narrate hadiths in this introduction, he provides information about the refraining of many hadith transmissions, the conditions of endurance of hadith, the words of the narration considered as 'muttasil and munqati', the narration with the meaning of the hadiths and the lahn in the hadith. When the approaches of Qābisī on these issues are examined, it is revealed that he tends towards the views of the Mālikī school, which he is a follower of and Imam Mālik. For this reason, the parts in which he adopted Mālik’s approaches and tended to explain the issues by referring to him are mentioned. (shrink)

This wasn't merely a man, it was the sultan Al-Malik, Al-Zâhir Rukn al-Dunia wal- Dîn Abü l-Fath Baybars whose swords were the keys to kingdoms, whose standards were like hills and the spears that rose above them were like fires whose duty it was to command men.Between 1260 and 1277, the second half of the seventh century Hegira (the thirteenth century by the Christian calendar), the Bahri Mamluk empire, founded in 1256, was governed by the sultan Baybars, the fourth (...) sovereign of his dynasty The Bahri's were former slaves from the borders of the Black Sea. They were succeeded in 1382 by the Circassian Mamluks, who were in turn supplanted in 1517 by the Ottomans. The empire comprised a vast territory including Egypt and the eastern part of present day Libya; the Near-East up to the Euphrates; rule over Nubia, Sudan and the north of Ethiopia; and sovereignty over the holy places of orthodox Islam: Mecca and Medina. The empire was threatened, from the east by the Mongols, who made inroads into Iraq and Syria on several occasions (although Egypt remained beyond their reach), and from the north by the Seljoukids of Asia Minor (Rûm). The interior, where the Crusaders held several strongholds was plagued by dissidents, notably the Isma'ilis, a movement derived from shi'ism. (shrink)

La linguistique arabe est sans aucun doute la première science conçue et cultivée en arabe pour répondre à certains besoins scientifiques et idéologiques de la nouvelle société islamique. Les premiers travaux en ce domaine datent du VIII e siècle, et leurs auteurs, les premiers linguistes, sont précisément contemporains de l'arabisation des institutions, de l'administration, de la monnaie etc., sous le Khalife Omeyade ʿAbd al-Malik ibn Marwān. Ces premiers travaux étaient intimement liés à l'exégèse coranique, à l'orthoépie coranique, à la (...) jurisprudence islamique, c'est-à-dire aux disciplines associées à l'organisation de la nouvelle société et à sa culture. C'est à cette époque qu'Abū al-Aswad al-Duʾalī inventa des signes graphiques permettant de distinguer les différentes fonctions grammaticales des éléments linguistiques. C'est à la même époque que l'on a engagé la codification massive et systématique des données de l'arabe, comme en témoignent, à peine plus tard, les travaux d'ʿAbdallāh ibn Isḥāq , d'Abū ʿAmr ibn al-ʿAlāʾ et de bien d'autres. Ils ont également initié l'étude de la grammaire au sens large, puisque celle du système phonétique y est incluse. Tous ces travaux ont tracé la voie de plusieurs disciplines: phonologie, phonétique, métrique, lexicographie, et favorisé la naissance des grandes théories du langage. Et, de fait, au cours de la seconde moitié du VIII e siècle, al-Khalīl ibn Aḥmad a fondé plusieurs de ces disciplines. Sa connaissance des mathématiques et son recours aux procédés combinatoires l'ont aidé non seulement à inventer des disciplines telles que la métrique et la lexicographie, mais aussi à formuler les catégories grammaticales. Son élève, l'éminent linguiste Sībawayh, a ensuite codifié la plupart des analyses et des explications d'al-Khalīl, et les a enrichies en maintes occasions. Cette période héroïque de la linguistique arabe s'est prolongée grâce à de grands successeurs qui vont fonder des écoles linguistiques à Bassorah, Kufa, Bagdad, etc. D'autres écoles ont également vu le jour à Fuṣṭāṭ et ailleurs, et la recherche linguistique va ainsi se poursuivre jusqu'à la fin du XI e siècle, au moins. (shrink)

``I am therefore I have rights," argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Consequently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to explore the tensions and (...) contests around the universality of human rights in Islamic law. Whether all human beings or just citizens are qualified for the inviolability of human rights is a question which divided Muslim jurists into two schools: Universalistic School, emanating from Abu Hanifa, advocated for the universality of human rights, while Communalistic School, originating from Malik, Shafii and Ibn Hanbal, advocated for civil rights. Universalistic School was adopted by such great cosmopolitan empires as Umayyads, Abbasids, Mughals and Ottomans. It was also reformed by the Ottomans during the nineteenth century in the light of the new notions of universal human rights in Europe to purge remaining discriminatory practices against non-Muslim citizens and to justify constitutionalism and democracy. Yet the universalistic tradition in Islamic law has been forgotten as the chain of memory was broken after the collapse of Ottoman Empire. This article briefly unearths the forgotten universalistic approach in Islamic law to build upon it a modern universalistic human rights theory for which there is a pressing need at this age of globalization. (shrink)

Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O (...) Abū ʿUmayr, what happened to the nughayr?) This study deals with the primary goal of the composition of the Fawāʾid, its content, and structural qualities as well as the author’s approach in deducing verdicts. As one of the aṣḥāb al-wujūh, the author’s legal/madhhab notion and the literalist and external perspective he developed regarding the interpretation of texts, seems to have directly affected his deductive reasoning and determined his approach. This concise work not only sheds light over certain aspects of the relationship between ḥadīth and fiqh at the time of Ibn al-Qāṣṣ, but also exemplifies to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. Summary: Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O Abū ʿUmayr, what happened to the nughayr?) The report of Abū ʿUmayr, which is in the focus of the work, is, in essence, reflects a singular and special aspect of the close relationship between the Prophet and Anas b. Malik’s family. Nevertheless, it is surprising that many ḥadīth scholars from the early times, not only Ibn al-Qāṣṣ, have chosen this ḥadīth as an example in which they can demonstrate their skill in the field of fiqh al- ḥadīth. Fawāʾid seems to be a work in which the juridical point of view centered and resembles the classical fiqh commentaries in a sense. In the work, different variants of the Abū ʿUmayr report were brought together and evaluated within the framework of the text and textual possibilities as possible. The author also analyzed some words in the narrative text for being a base for a verdict, referred to Qurʾānic verses, prophetic ḥadīths, reports, and legal opinions, tried to solve the disputes and the conflicts among legal evidences in various ways, and stated occasionally his personal opinions. Fawāʾid reflects the author’s rich accumulation of legal knowledge, while at the same time gives an idea about his knowledge of ḥadīth and his approach to the ḥadīth. Considering what the author did and wanted to do, it is understood that he deals with ḥadīth as well as fiqh, and he has a certain level of relationship not only with fuqahāʾ (muslim jurisprudents), but also with ḥadīth scholars. Ibn al-Qāṣṣ’s interest in fiqh and ḥadīth must have lead him to take initiative to eliminate the tension between the ahl al-ḥadīth of Shāfiʿī school of law who focused on transmitting ḥadīths and the fuqahāʾ of Shāfiʿī school of law who care about the fiqh perspective, in that period of time. It can also be said that he tried to establish a reconciliation between the ahl al-ḥadīth (the traditionists) and the ahl al-raʾy (the rationalists) and bring the parties together in the middle way. The work seems to have been written as a result of such considerations. As Ibn al-Qāṣṣ was considered as one of the aṣḥāb al-wujūh, that is, as a jurist who was bound of a madhhab Imām for legal reasoning, he seems to have followed the methodology of Shāfiʿī school of law for deriving legal solutions from the sources. Legal notion of the author and his literalist and textualist perspective with regards to the interpretation of texts, seems to have directly affected his way of reasoning from the ḥadīth and determined his approach. This approach, as mentioned in many contemporary studies, is not sufficient and appropriate for the evaluation of ḥadīth texts, which were transmitted by meaning, not word-by-word, and shaped by the transmitter’s dispositions. It is also difficult to say that Ibn al-Qāṣṣ sufficiently considered the physical, historical, social, and cultural context surrounding the text as well as other extra-textual elements, which complete the meaning. This situation implies that some of the wajhs recorded in the work are the author’s attempt to find a base and evidence for his ideas, which he already had, rather than deductions drawn from the ḥadīth. It makes the scientific quality and accuracy of his efforts controversial. The verdicts presented in the work, as wajh and fāʾida are predominantly jurisprudential and compatible with the opinions of the Shāfiʿī School of law, however, there are also controversial ones, and the author pointed to them without revealing his own tendency. It does not seem that these wajhs in the work are systematically ranked. In this vein, similar wajhs are sometimes in succession, sometimes scattered, and some wajhs are repetitive. The degree of accuracy, clarity and quality of some wajhs also seem arguable. Zayn al-Dīn al-ʿIrāqī (d. 806/1404), who made a general evaluation of these wajhs, said that: “Some of the (meanings of the) wajhs in the work are apparent, some of them are hidden and some are strained.” The work’s editor drew attention in the footnotes to the wajhs, which might be subject to objection. The early ḥadīth scholars, who reported this ḥadīth in their compilations, deduced six or seven judgments from the ḥadīth under the headings (bāb) specified for this ḥadīth. This appears quite modest in comparison to the treatise of Ibn al-Qāṣṣ. The given ḥadīth has also taken its place in the fiqh literature, and it has been questioned in the context of the issue of Madīna’s being of ḥarām region (holy land) and hunting ban in this region. In conclusion, Ibn al-Qāṣṣ’s treatise of Fawāʾid Ḥadīth Abī ʿUmayr, is a short but worthy example of the ḥadīth literature in terms of its purpose and interesting content. This work can be considered as a study that exemplifies how the purpose of writing can be determinative on the structure of a work, and in particular to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. The author’s universe of meaning, which focused on the apparent meaning and to draw as many judgments as possible from the text, should be related to his personal intention and purpose as well as to the fiqh perspective of his time. Due to the textual approach and the method for drawing inferences, which are observed in the work, the tool-purpose relationship between the text and the judgment sometimes remains obscure and sometimes becomes unimportant. In some respects, this work is a striking example of the consequences of ignoring the context and historical reality surrounding texts for specific purposes. (shrink)

Bu makalede, müşriklerle sosyal ilişkinin mahiyetine dair Müslüman düşünce geleneğinde ortaya konulan literatür genel hatlarıyla ele alınmaktadır. Söz konusu literatür, “müşrikler bu yıldan sonra Mescid-i Harâm’a yaklaşmasınlar” (Tevbe 9/28) ayeti temelinde şekillenmiştir. Bu bağlamda âlimler şirkin mahiyeti, Mescid-i Harâm bölgesinin sınırları ile bu bölgeye yaklaşmamayı ifade eden fiilin içeriği ve özellikle de ayetteki uyarının Hac ibadeti ile sınırlı/kayıtlı olup olmadığı gibi hususları tartışma konusu yapmışlardır. Bu ayet çerçevesinde ortaya konulan literatürde iki görüşün ön plana çıktığı görülmektedir. Bunlardan ilki, Mescid-i Harâm (...) ifadesiyle kastedilen mananın tüm mescitleri kapsayacağı düşüncesinden hareketle “yaklaşmama” yasağın sınırlarını genişletirken diğer görüş, maslahatçı bir yaklaşımla söz konusu bölgenin Kâbe ve çevresiyle sınırlı olduğu iddiasına dayanmaktadır. Bu bağlamda ilk görüşte, harem bölgesine müşriklerin hiçbir surette giremeyeceği savunulurken ikinci görüşte, müşriklerin cahiliye döneminde yaptıkları tarzda hac ve umre ibadeti yapmak amacıyla söz konusu bölgeye giremeyecekleri ancak ticaret, seyahat vb. farklı maksatlarla gelebilecekleri vurgulamaktadır. Makalede konu H. VII. yüzyıla kadar kaleme alınan rivayet, dirayet, ahkâm ve Şiî tefsirler temelinde irdelenmiştir. Bu bağlamda Mukātil b. Süleymân, İmâm Şâfiî, Cassâs, Ebû Bekir İbnü’l-Arabî ve Kurtubî’nin kaleme aldığı ahkâm tefsirleri; Taberî, İbn Ebî Hâtim, Ebû İshak es-Sa‘lebî ve İbn Kesîr’in yazdığı rivayet tefsirleri; Mâtürîdî, Zemahşerî, Fahreddin er-Râzî, Beyzâvî ve Ebu’l- Berakât en-Nesefî’nin dirayet tefsirleri ile Şiî müfessirler Kummî, Ayyâşî, Ebû Ca‘fer et-Tûsîve Tabersî’nin tefsirleri incelenmiştir. Konunun bahsi geçen tefsirler temelinde ele alınmasındaki amaç ayetin anlaşılmasına bağlı olarak ortaya konulan fıkhî hükümleri ve gerekçelerini tespit ederek mukayese yapmaktır. Zira Tevbe suresi 28. ayetin anlaşılmasında, dini anlama tarzları bakımından Ashâbu’l-Hadis ve Ashâbu’r-Rey olarak nitelenen âlimlerin görüşlerinin belirleyici olduğu görülmektedir. Konu bağlamında Şiî tefsirlerin incelenmesindeki amaç ise söz konusu literatürde Tevbe suresi 28. ayetin ele alınmasına ilişkin bakış açısının Ashabu’l Hâdis’e mi Ashabu’r-Rey’e mi yakın olduğunu tespite yöneliktir. İncelenen tefsirlerde ilk görüşün İmâm Mâlik ve İmam Şâfiî’ye ait olduğu belirtilirken ikinci görüş Ebû Hanîfe’ye nispet edilmiştir. İmâm Mâlik ve İmam Şâfiî’ye ait olan görüş genel kabul görürken Ebû Hanîfe ve Mâtürîdî’nin benimsediği, Hanefî-Mâtürîdî âlimler tarafından kabul gören ikinci görüş, tarihsel süreçte şaz olarak nitelendirilmiş ve dikkate alınmamıştır. Makalede, H.7. yüzyıl’a kadar yazılan rivayet, dirayet, ahkâm ve Şiî tefsirleri özelinde bu görüşlerin temel mantığı, ortaya çıkış süreçleri ve bu çerçevede üretilen fıkhî hükümler analitik bir bakış açısıyla irdelenmeye çalışılmıştır. Makalede sonuç olarak Ashabu’l-Hadis’e mensup âlimlerden İmâm Mâlik ve İmâm Şâfiî’nin konuyu sadece müşrikleri değil tüm gayr-i müslimleri içerecek şekilde ele aldıkları ve bu gruplarla kurulacak sosyal, ekonomik ve siyasi ilişkinin mahiyeti hakkında fıhkî hükümler koydukları görülmektedir. Bu hükümlerle, Müslüman düşünce geleneğinde gayr-i Müslimlerin özellikle sosyo-kültürel açıdan ötekileştirilmeleri meşrulaştırılmıştır. Bu bakış açısı Müslümanların birlikte yaşama kültürüne katkı sağlamalarını engellediği gibi insana saygıyı temel alan Kur’an’ın bakış açısı ile de çelişmektedir. Bu bağlamda Ashabu’r-Rey’in önemli temsilcilerinden biri olan Ebu Hanîfe’nin yasaklama emrini cahiliye döneminde yapılan hac fiili ile sınırlaması konuya ilişkin bakış açısında ciddi farklılıklara imkân tanımaktadır. Ebû Hanîfe’nin bu anlama biçimi, gayr-ı Müslimlere ilişkin olumsuz bir uygulamaya imkân vermediği gibi takipçisi Mâtürîdî tarafından geliştirilerek ahlakî bir boyutta ela alınmıştır. Süreç içerisinde söz konusu anlama biçimi, aynı düşünce geleneğine mensup olan Cassâs ve Ebû’l-Berekât en-Nesefî tarafından devam ettirilerek geliştirilmiştir. (shrink)

The first eulogies (Qaṣāīd) about the Prophet Muḥammad (pbuh) appeared when he was still alive. Ḥassān ibn Thābit (d. 60/680 [?]), ʿAbd Allāh b. Rawāḥa (d. 8/629) and Kaʿb b. Mālik (d. 50/670), important Muslim poets of the period, praised the Prophet and inspired future generations of poets. Depending on the developments in the following centuries, there had been a great increase in the number of poems sung to express enthusiastic feelings towards the Prophet and to defend him and his (...) Prophethood. Andalusia is one of the places where this genre increased the most. The first examples of the praise of the Prophet appeared in Andalusia during the Mulūk al-Ṭawāʾif period (1031-1090). The praises of the Prophet, which were processed in the poems of asceticism, dirge and elegy until the end of the 5th/11th century, became an independent genre called al-Madāʾiḥ al-Nabawiyyah/Nabawiyyāt thanks to the ever-increasing Ṣūfī thoughts penetrating literary circles. The turning point of the praise of the Prophet in Andalusia, as in the East, is the period of the The Almohads (1147-1238), which coincides with the 7th/13th century. The mawlid celebrations, which were first initiated by the Fāṭimids in the 4th/10th century to give legitimacy to their rule, and held every year in North Africa on the twelfth of the month of Rabi'ulawwal, moved to Andalusia at the end of the The Almohad period and gradually became one of the largest official and religious holidays in Andalusia. Giving awards to high-quality poems read on the mawlid festival and celebrations made all over Andalusia has greatly contributed to the literary richness in this field. In praise of the Prophet, talented poets such as Abū Zayd al-Fāzāzī (d. 627/ 1230), Ibn al-Jannān al-Anṣārī (d. 650/1252), Ibn Jābir (d. 780/1378) and Ibn Zumruk (d. 797/1395) emerged. Abū Zayd al-Fāzāzī, one of the most distinguished Prophetic ode poets of the Almohad period is said to have first pioneered the spread of Prophetic praises in Andalusia before the Iraqi poet Yaḥyā al-Ṣarṣarī (d. 656/1258) and the Egyptian poet Būṣīrī (d. 695/1296). He has a dīvān called al-Wasā’il al-mutaqabbalah, which he wrote in alphabetical order and dedicated to the praise of the Prophet. The fame of the odes he uttered about the Prophet spread as far as North Africa, and it has become a tradition to read his odes on special days. Because of the abundance and quality of Prophetic odes, Ibn al-Jannān, who witnessed the glorious days and the collapse of the The Almohad state, also commemorated the poet Ḥassān ibn Thābit, The Prophet’s Odic Poet. Ibn Jābir al-Andalusī, on the other hand, wrote the second ode in this field after Ṣafī al-Dīn al-Ḥilli (d. 749/1348), the inventor of the axiomatic odes, and became the pioneer of axiomatic odes in Andalusia. The effect of political instability on Prophetic odes in Andalusia, which entered its collapse with the end of the Almohad state, is obvious. According to many poets, salvation from this plight of Muslims in Andalusia is possible by once again adhering to the Sunnah of the Prophet. Probably as a reflection of this idea, many poets from 7th/13th centuries onwards devoted their odes to narrating the Prophet and his Sunnah. Poets who describe the Prophet elaborately in their poems hope to be saved from the troubles they have fallen into and to reach the highest rank in heaven. Poets who touched upon the physical characteristics of the Prophet often likened his smiling face to a bright sun and a full moon. In terms of oratory, they stated that he had a fluent language and never uttered bad words. Andalusian poets, who praised the Prophet with moral virtues such as tolerance, justice and courage, stated that there was nobody more merciful and generous than him due to the abundance of his blessings resembling torrential rain. Andalusian Prophetic ode poets adhered to the traditional forms of Arabic poetry in terms of the structure of eulogy. In the introductory parts of odes, they generally express longing for the Prophet and the holy places. The main theme is mostly the Prophet and his outstanding virtues, and they usually end their eulogies with salutation to the Prophet. Save a few Sufi poets, it can be said that they used simple and understandable language in their poems. The sources of inspiration for their poems are the Qur'an and hadiths. Andalusian poets used non-material axiomatic arts in their poems without disturbing the structure of eulogy. In addition to the art of pun, they provided musicality in the poem with the ‘tent-frame’ meter and rhyme scheme, sometimes supporting it through repetition. It is possible to see all kinds of repetitions in, Ibn al-Jannān's odes. In this study, the place of the Prophet in Andalusia and odes, which are reflections of the love for him, will be examined. In addition, the concept of the Prophet in Andalusia will be explained within the political, social and cultural framework of the period. (shrink)

al-Zarkashī, an ethnic Turk, is an important hadith, fiqh and commentary scholar who lived during the Mamlūks period. He was taught by some of the leading scholars of his era, such as Alā al-Dīn Mughultay (d. 762/1360), Imād al-Dīn Ibn Kashīr (d. 774/1372) ve Jamal al-Dīn al-Asnawī (d. 772/1370), and he grew up under their mentorship. Nevertheless, his only well-known student is Birmāvī (d. 831/1428). Almost half of his works have been related to fiqh and methodology of fiqh, and he (...) has also written some important works in the field of hadith. Among these, especially al-Tadhkira, al-Nukat alā Ibn al-Salāh, al-Nukat alā al-Umda fī al-Ahkām ve al-Icāba are worthy of mention. The work named al-Tadhkira, which we built our work upon, is the first known work to have been preserved in the field. Due to his being a first in his field, he was vastly studied as to how he evaluated the narrations and what kind of procedure he followed. In this work of his, not only the criticism but also the application of the text criticism adds to the importance of the work. Then, on the basis of this work, scholars such as al-Sakhāwī and al-Aclūnī made complementary works on the same subject. Summary: It is inevitable for a person to be shaped by the society he lives in. During the time when al-Zarkashī lived, Egypt was under the rule of the Mamlūks. The history of Mamlūks is examined under two periods: 1. Bahrī or Turkish Mamlūks (745 / 1344 - 794-1391) 2. Burjī or Circassian Mamlūks (784 / 1382 - 923 / 1517) period. Our author lives in both periods. About forty years of his life was in the period of Bahrī and the rest was in the period of Burjī. In both periods, the state did not have a full political authority in the country, but this was not the case in education and training. In fact, on the contrary to the political situation, scientific activities have accelerated by the arrival of many scholars to the land of Mamlūk because of the Mongol invasions coming from the east and the Crusades from the west. The increase of scientific activity was caused not only by the coming of the scholars but also by the support given by the Mamlūk sultans. In fact, they built many new madrasas in addition to the resurrection of the old ones. In addition to madrasas during the Mamlūks period, mosque, hāngāh, ribat and zāwiya are also among the educational places.Hadith, fiqh and Tafsir scholar al-Zarkashī is originally Turkish. He was born in Cairo at 745 under the conditions mentioned above. His family learned of gold and silverworking because of their subsequent settlement to Egypt, and they made their living with this craft. A person who performs this is called Zarkash in Arabic. Muhammad ibn Bahādır, who learned and did this job, was known as al-Zarkashī. al-Zarkashī, known for his love of science since childhood, was trained hadith by Alā al-Dīn Mughultay (d. 762/1360) and Imād al-Dīn Ibn Kashīr (d. 774/1372) in Damascus, and fiqh by al-Asnawī (d. 772/1370). Among his beneficiaries are distinguished personalities such as al-Subkī (d. 756/1355), al-Azraī (d. 783/1381) and al-Bulqīnī (d. 824/1421). The most remarkable of his student is al-Birmāvī (d. 831/1428).It is known that he wrote about fifty works in hadith, tafsir, fiqh, methodology of fiqh and other fields. Especially among these works al-Burhān fī ʻUlūm al-Qur’ān, al-Tadhkira, al-Ijāba, al-Bahr al-Muhīt fî Usūl al-Fiqh ve al-Mansūr fī al-Qawāid is worth mentioning. Studies on al-Burhān and al-Bahr were carried out at the level of Master and PhD.al-Zarkashī did not hesitate to criticize any person for whom he had found his mistake. For example, even though he has a great love for him, and even because of this love, he has been given the name of al-Minhāj, the criticism of al-Nawawī is the clearest indication of the value given to science. Not just him, critics of scholars such as al-Hākim al-Naysābūrī and Ibn ʻAbd al-Barr who are recognized as authority in hadith can also be considered in this framework.The work named al-Tadhkira which we have studied in our work is of importance in that it shows the accumulation of knowledge in the field of hadith. In order to compose this work, it is necessary to have enough information in this field since the riwāyas must be criticized in terms of isnād and text. To compose his work, al-Zarkashī has benefited from about a hundred and forty works related to hadith, tafsir, al-siyar, history, tabakāt, commentary, jarh - taʻdīl, ilal and maghāzī. The use of such works is an effort to reach all sources and right information as much as possible. Some of these sources are basic hadith books such as al-Bukhārī (d. 256/870) al-Sahīh, Muslim (d. 261/875) al- Sahīh, Abū Dāʾūd (d. 275/889) al-Sunan, al-Tirmidhī (d. 279/892) al-Sunan, al-Nasā’ī (d. 303/915) al-Sunan, Ibn Mādja (d. 273/887) al-Sunan, Mālik ibn Anas (d. 179/795) al-Muwatta, Ahmad ibn Hanbal (d. 241/855) al-Musnad, al-Dārimī (d. 255/869) al-Sunan, ʻAbd al-Razzāq al-Sanʻānī (d. 211/826-27) al-Musannaf, Ibn Abī Shayba (d. 235/849) al-Musannaf, Ibn Rāhwayh (d. 238/853) al-Musnad, al- Bazzār (d. 292/905) al-Musnad, Abu Yaʻlā el-Mawsilī (d. 307/919) al-Musnad, Ibn Hibbān (d. 354/965) al-Sahīh, al-Tabarānī (d. 360/971) al-Muʻjam al-Awsat and al-Muʻjam al-Kabīr, al-Hākim al-Naysābūrī (d. 405/1014) al-Mustadrak.al-Zarkashī divided the riwāyas he had studied into eight subjects. These are judgments, wisdom, zuhd, medicine, virtue, prayer, story, words and riwāyas circulating in language. He shares the information he obtains from sources about him after mentioning the riwāyas he will examine. For example, it is mentioned that there is not a hadith which is transmitted as a hadith, it is a word of a sahāba, tābiun or a person. He transferred on the riwāyas the sources mentioned in the sources, but also stated that he did not participate in some information as the place came.The author has evaluated the narrators of the riwāyas from the point of jarh and taʻdīl. He did not only evaluate riwāyas in terms of isnād, but also text criticism. This activity is a distinctive feature of his work.al-Zarkashī gave information about the misrepresentation of the name of the narrators. He also explained the strange words that are difficult to understand in the text. It is a manifestation of his knowledge in the fiqh area that some of the riwāyas that are considered weak are expressed in some sects. The author described some errors about the riwāyas. For example, he stated that a riwāya that is said to be marfūʻ is a mavkūf. al-Zarkashī also included verses, hadiths and poems about the riwāya that he had studied while writing his work or he defended it by saying that it is not the case of a riwāya that is said to be fictitious.Perhaps it is the weakest point of al-Zarkashī’s work not to give any information about some riwāya, only to mention their isnāds. He also found some riwāyas that did not have a reliable isnāds and stated that their meanings are correct. This knowledge has become an enlightening characteristic for later generations.This work has a great significance in showing that the majority of the riwāyas that spread among the people are not hadiths. As a matter of fact, 73% of the riwāyas examined in the work are weak or irrelevant riwāyas. This work of al-Zarkashī is unique. The existence of such a work has not been determined before him. This work constituted the basis of the works written by scholars such as al-Sakhāwī and al-Aclūnī in the same subject after him. (shrink)

Sunnah, one of the two basic sources of the Islamic religion, has survived to the present day through transmission. The Messenger of Allah, the first interpreter of the Quran, explained the obscurities in the verses, the reason for their revelation and their context. Because, in addition to his duty to convey, he also has a duty to inform. For this reason, the Sunnah is considered a basic source, just like the Qur’an. The Qur’an was revealed fourteen centuries ago, gradually over (...) twenty-three years. It came to life with the life of the Prophet. After his passing into the afterlife, Muslims began to strive to understand the Qur’an and Sunnah correctly and to make them dominate their lives. For this reason, they made great scientific journeys and produced various works. At the beginning of these works are commentaries. Commentaries in which the verses of the Qur’an are explained with the words of the Prophet, his companions, and the followers are called narration tafsir. Maâlim at-tanzîl is an important commentary written by Baghawi (d. 516/1122) using this method. Baghawi, who lived during the founding and rise of the Great Seljuks, was born in 433/1041 in a small town called Bagshur or Bag, located between Marwarruz and Harat in the Khorasan region. In reference to this place, he was called Baghawi. He died in Marwarruz in 516/1122. He received a very good education and trained himself to produce works in the sciences of tafsir, hadith, fiqh and recitation. He narrated the Bukhari's al-Jâmi al-Sahîh from Abu Omar Abdulwahid el-Melihi (d. 463/1071), Abu Dawud’s Sunan from Abu Tahir Omar b. Abdelaziz ibn Ahmed al-Marwazi al-Fashani (d. 463/1071), Malik b. Anas’s Muwatta’ from Abu’l-Hasan Muhammed b. Muhammed ibn Saîd al-Shrazi (d.?). So much so that it can be seen that a significant part of the attributed narrations he narrated in his work called Sharhu's-sunna, as well as Maâlim at-tanzil, were the narrations he heard from the mentioned teachers. Baghawi's knowledge of isnad is also at a high level and he knows very well the narrations of the hadiths he narrated and the situations of the narrators in these narrations. In addition to criticizing the hadiths he narrated, he also evaluated their authenticity and showed that he was an authority on this subject. Maâlim at-tanzil is Baghawi's most well-known work and explains the verses with hadiths, the views of the companions, followers and later scholars. Since he was also a good haddith, he criticized the weak and fabricated narrations in the previously written commentaries. In Maâlim at-tanzil, before starting the commentary, the name of the sura, the number of verses, whether it is Meccan or Medinan, where and about what event it was revealed, are stated. First, explanations were made on the verses in terms of dictionary. Then, the interpretation of the verse with other verses and hadiths was started, the views of the companions and the followers were used, the explanation of the recitation aspects was given in detail, the different recitations were mentioned, the grammatical and syntax analyzes were made. The authority of the author in the field of hadith is clearly seen in the interpretation of the verses. The main feature of the work is that it is frequently referred to hadiths, unlike Masâbihu’s-Sunnah, most of the hadiths are narrated with their sources and almost all of them are based on the author himself. Although Israeli news were included in Maâlim at-tanzil, the author sometimes criticized them and rejected some of them. The aim of the article is to determine the author's method of using narrations in the interpretation of Surah al-Sajdah and the authenticity of these narrations. In this context, first Baghawi’s life and commentary are introduced. Later, the extraction and authenticity of the 16 narrations that the author conveyed while interpreting the surah were evaluated. The narrations have been researched in al-Kutub al-Tis'a and other reliable hadith books, especially Sharhu's-sunnah and Masâbihu's-sunnah. Based on the opinions of critics and scholars, the authenticity values of the narrations have been revealed. According to our findings, 12 of the 16 narrations were narrated with isnad and 4 without isnad. While 12 of the narrations are located only in Sharhu's-sunnah, 9 of them are only included in Masâbihu's-sunnah. The remaining 4 narrations are not included in either of his works. The distribution of the narrations in terms of the main hadith sources they are included in is as follows: 15 out of 16 narrations are located in al-Kutub al-Tis'a. 5 of these are in Bukhari, 7 in Muslim, 4 in Abu Dawud, 6 in Tirmidhi, 2 in Nasai, 2 in Ibn Majah, 1 in Darimi and 1 in Malik b. Anas’s Muwatta’ and 10 of them in Ahmed b. Hanbel. In terms of the end of the isnad, 1 is kudsî and 15 is marfû‘. In terms of authenticity, out of 16 narrations, 10 are sahih, 3 of which are muttefakun aleyh, 2 are hasan and 4 are weak. (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)

In legal methodology (usul al-fiqh), the problem of the defining istiḥsān and the legitimacy of its definition is among the critical discussion topics. To overcome the rigorism of law, istiḥsān was used by the founder scholars of Ḥanafī school of law and Malik b. Anas - however this use received various objections. Although the Mālikī scholars also used istiḥsān strong criticisms of istiḥsān have been directed on the Ḥanafīs. After the severe criticism of Muḥammad b. Idrīs al-Shāfiʿī, the Ḥanafī (...) scholars carried out various intellectual activities to define istiḥsān and to prove that it is legitimate. This process -which started especially with Abū’l-Ḥasan al-Karkhī and Abū Bakr al-Jaṣṣāṣ, revealed a rich accumulation with the contribution of the legal theorists in other school of laws. It is known that al-Karkhī's definition of istiḥsān has become widespread among the legal theorists, and the legitimacy of istiḥsān in the works of legal theory was based on his definition. Al-Karkhī's considerations on the legaliticamy of using istiḥsān can be traced in his student al-Jaṣṣāṣ, in the following centuries, Abū Zayd al-Dabūsī, Abū l-‘Usr al-Bazdawī and al-Sarakhsī’s works. Al-Jaṣṣāṣ' explanations on the legitimacy of istiḥsān begin with the criticism of Imam al-Shāfiʿī's against istiḥsān. He provides the proof of legitimacy for istiḥsān in divided two sub-headings. Al-Jaṣṣāṣ, who deals with istiḥsān in two parts as word and meaning, argues that there is no disagreement about the use of istiḥsān and that all mujtahids accept istiḥsān, and even al-Shāfiʿī, who opposes to the use of istiḥsān, employs istiḥsān in this sense. The type of istiḥsān on which there is a deabte is the istiḥsān used in relation to its meaning. Al-Jaṣṣāṣ states that this use is a qiyas operation; he justifies his point of view by referring to the works of Muḥammad b. Hasan al-Shaybānī. Indeed, when we look at how al-Shaybānī explained the istiḥsān’s examples in his works, it is seen that there are two conflicting juristic analogy (qiyas) made in many examples. Moreover, al-Shaybānī openly considered some types of istiḥsān part of qiyas by stating that some examples “can be included in this type of istiḥsān” Ḥanafī scholars wanted to break the hostile atmosphere toward istiḥsān by defining and evaluating the istiḥsān in a way that their opponents could accept. The definition of Istiḥsān “to abandon the judgment given to similar ones due to stronger evidence.” has been generally accepted. In this definition, istiḥsān is defined by associating with qiyas, and referred to an istihsan that is presented as the more substantial evidence, and qiyas is the weaker evidence. Although it is appropriate to define istiḥsān in relation to qiyas, the claim that in the definition istiḥsān is put in stronger place than qiyas might casuse to some the contradictions- in particular when the example’s of al-Shaybānī are taken into consideration. Because in most cases, when qiyas conflicts with istiḥsān, istiḥsān is taken. But in an opposite case, qiyas might be taken. Apart from these, there are examples of the types of istiḥsān that al-Karkhī has classified in the works of al-Shaybānī, but sometimes there are also strange situations such as taking the qiyas by istiḥsān. This also means that the term is not sufficiently defined. The negative attitude towards istiḥsān in some Shāfiʿī circles and the criticisms against the legitimacy of istiḥsān continued in the works of the fiqh method. Istiḥsān is defined as making a judgment without evidence by Shāfiʿī circles. Therefore, they did not accept the abandonment of qiyas, which is a sharī proof, because of istiḥsān, which is a non-sharī notable proof. Based on the examples given by the users of istiḥsān, Ibn Ḥazm, one of the Ẓāhirītes, claims that istiḥsān opens the door to arbitrariness. According to him, a situation that is accepted as istiḥsān according to Ḥanafīs can be taken as istiḥsān according to Mālikīs. This creates an apparent contradiction. There are some valid points in the assessment of Ibn Ḥazm. Because while it is seen that the istiḥsān of Mālikīs is criticized in al-Shaybānī's book named al-Ḥujjah, it can be also found that the istiḥsān of Ḥanafīs is charged in the works of Abū’l-Walīd al-Bājī, one of the Mālikīs. The criticism toward istiḥsān was continued by Shāfiʿīs such as Abū Isḥāq al-Shīrāzī, Imam al-Haramayn al-Juwaynī and Abū Ḥāmid al-Ghazālī. While al-Juwaynī sees istiḥsān as a method based on the lust of the soul, not istinbat/legal deduction, al-Ghazālī understands istiḥsān as a personal comment. The main reason for the negative attitude towards istiḥsān is that the content based on the definitions, has been neglected most of the time. However, when we look at the works of al-Shaybānī, it can be seen that there is a proof of istiḥsān contrary to what is believed-and that this can be sometimes a work, sometimes a necessity, sometimes another comparison, or sometimes a custom. (shrink)

En este artículo se lleva a cabo una descripción detallada del ms. 80 de la Zāwiya Ḥamzawīya. Es un maŷmū‛ recopilado, en su mayor parte, por un mismo copista del que desconocemos su nombre completo, aunque no el de su padre: ‛Umar b. Aḥmad b. Abī-l-Qāsim al-Šarīf. El maŷmu‛ contiene 427 folios con textos de variado contenido, predominando los de carácter astronómico. Entre otras obras, incluye una copia del Kitāb fī-l-‛amal bi-l-asturlāb de Abū-l-Ṣalt de Denia; el Kitāb min ‛ilm al-awqāt (...) bi-l-ḥisāb de Ibn al-Bannā de Marrākuš; el Tanbīh al-anām ‛alà mā yaḥduṯu fī ayyām al-‛ām de al-Ŷādīrī, así como su Urŷuza Rawḍat al-Azhār; y la única copia del Kitāb al-nuŷūm de ‛Abd. al-Mālik b. Ḥabīb. (shrink)

This article aims at examining the limits of change in the field of worship through a study on the origins of the ḥukm[religious ruling] of Shawwāl fasting that is widely practiced in the different parts of Muslim world. The study, firstly, deals with the evolution of the ḥukm of Shawwāl fasting chronologically among four sunnī schools of law, then analyzes the solitary reports on the topic. It concludes that in Mālikīand Ḥanefīschools, the ḥukm of this specific worship changed within the (...) limits of karāha [reprehensibility], ibāha [permissibility], and nadb [recommendation]. This ḥukm was constructed based on solitary reports which later became a paradigmatic source of religious legitimacy in the Ḥanbalīschool beginning with the eponymous Imām and in the Shāfiʿīlong after the founding authorities. It also claims that it is strongly probable that the solitary reports on the topic go back to a deduced opinion in the age of companions, but then reached to a form of prophetic solitary report in the corpus of hadīth reports. Ultimately, this specific worship that has restricted number of fasting was established with the paradigmatic effect of the approach to solitary reports as the only authentic way of transmitting the sunna, even though it is at odds with the fact that this worship had not been implemented in the first two centuries after hijra, i.e. contrary to the established practice [ʿamal]. Summary: The issue of change of rulings in Islamic law comes up frequently on various occasions, and an increasing number of academic studies are trying to determine the characteristics and limits of this change in numerous books, articles and papers. These studies mostly seem to focus on bringing together the arguments that can be compiled under the title of ‘the flexibility of Islamic law in response to the challenges of modernity’. Although the change of rulings in Islamic law is an undeniable fact, reading it only from the lens of the change in Islamic law depending on the requirements of time is an inadequate reading. The change of rulings in Islamic law has different motives; and the change of time, more precisely the change of custom, is only one of them.On the other hand, another issue that comes up in relation to the change of rulings is the claim that this change can only take place in terms of the rulings regulating the interpersonal relations, i.e. muʿāmalāt. In fact, this claim relies on the abovementioned approach that limits the change in Islamic law with the change of custom. Hence, because other two main areas of Islamic law, worships (ʿibādāt) and punishments (ʿuqūbāt) are not open to change through custom, their rulings will not change at all. This article will try to reveal that the change in rulings might reside in a sort of another change emerged in relation to the sources of these rulings, which is a neglected point. Thus, by exposing that the field of worships which is mostly considered as a closed area for change in rulings is actually open to it, this article will examine the limits of this change.For this analysis, the article deals with the fasting of six days in the month of Shawwāl as an example, which is widely practiced in various parts of the Islamic world. The main evidence on which this fasting is based on is a report transmitted in the considerably authentic hadith sources of Ahl al-Sunnah, which reads as follows “Whoever fasts the Ramaḍān and adds six days from Shawwāl, will get reward of the entire year”. This fasting, which is the subject of a great agreement on its ruling as recommended (mustaḥāb) practice today, was actually regarded as reprehensible (makrūh) by the two great eponymous jurists of the first two schools of law in the second Hijrī century, namely Mālik b. Anas and Abū Ḥanīfa. In his al-Muwaṭṭaʾ,Mālik clearly expresses that he did not recognize any scholar who keeps this fast, and that no [authentic] report has reached him on this. The fact that both Mālik b. Anas and Abū Ḥanīfa declared an opinion on the subject shows that this practice started to appear in the first half of the second ḥijrī century as a practice or as a solitary report (khabar al-wāḥid). However, both imāms have stated that such a specific worship would be makrūh. In spite of these very sharp expressions, the schools of law, which were founded by the followers of these two eponymous scholars, abandoned their views and widely accepted Shawwāl fasting as mustaḥāb. This article examines why this sharp change occurred in a worship in the schools of law and in which way it took place.Accordingly, the fundamental motive in this change is a paradigmatic transformation in understanding and identifying the sunna as a source of normativity. Although an agreement was formed on the validity of solitary reports as a source of knowledge in the second ḥijrī century, it was not yet accepted that these narrations are identical to sunna as a source of normativity. For that reason, both Abū Ḥanīfa and Mālik did not hesitate to reject any solitary report that contradicted a stronger evidence. However, as a result of the extraordinary efforts of Ahl al-Ḥadīth, the epistemic value of solitary reports has reached to an authority equating them to the sunna with a very rapid acceleration as of the end of the second century and throughout the third century. This situation led later scholars of schools to abandon the views of the eponymous scholars of these schools on certain topics in favor of certain solitary reports. This was also the process for the change in Shawwāl fasting.This thesis will be put under two headings, a section that tries to determine the periods and processes for the Sunnī schools of law in considering this fasting as mustaḥāb; and another section that provides an evaluation of transmitted reports in relation to the Shawwāl fasting. Accordingly, in the Mālikī and Ḥanafī schools, due to the effect of the reports, the ruling of Shawwāl fasting has been transformed from makrūh into the mustaḥāb as a result of the interpretational activities that started in the fourth ḥijrī century. Shawwāl fasting was accepted as mustaḥāb in the Shāfiʿī school, although there was no transmitted opinion on the subject from the founding imāms, in the fifth ḥijrī century; and in the Ḥanbalī school directly by the founding imām Aḥmad b. Ḥanbal, whose main aim was to follow a concept of religion that puts the transmitted reports at the center. When the reports on the subject are examined, it demonstrates that the mustaḥāb ruling is mainly rooted in a report by Saʿd b. Saʿīd transmitted in the famous hadīth compilations including Muslim’s Ṣaḥīḥ.Yet, this report was criticized in its both chain and text. Combining the facts that the same report with the same chain was also transmitted as the words of the companion in some sources and the verse that declares good deed will be rewarded ten times higher than what it deserves will make the following explanation a valid one: As Mālik put it such a fasting practice was commonly unknown to the Muslim society in the first two centuries after the ḥijra. Sometime after the death of the Prophet, an inference was made probably by a companion(s) as that it would be a good deed if someone who fasted an entire month already and got used to the fasting to fast six more days in order to get a reward of fasting for the entire year according to the verse that rewards good deeds with ten times higher. Since it is a recommended practice in essence, i.e. fasting for the sake of Allah, this inference transformed into a report and easily passed through the filters of hadīth scholars who are linked to a sort of piety promoting worships among people. After the solitary reports gained an authority to the extent that they can rarely be challenged, the followers of later schools of law preferred to get in a process of re-interpreting the opinions of their imāms in order either to reconcile them with the content of report, or at least to show why these imāms actually spoke against this fasting. Eventually, the later scholars of madhhab decided for the standard opinion of the madhhab depending on the reports in favor of the Shawwāl fasting rather than following their eponymous imāms. (shrink)

This tenth volume of Collected Papers includes 86 papers in English and Spanish languages comprising 972 pages, written between 2014-2022 by the author alone or in collaboration with the following 105 co-authors (alphabetically ordered) from 26 countries: Abu Sufian, Ali Hassan, Ali Safaa Sadiq, Anirudha Ghosh, Assia Bakali, Atiqe Ur Rahman, Laura Bogdan, Willem K.M. Brauers, Erick González Caballero, Fausto Cavallaro, Gavrilă Calefariu, T. Chalapathi, Victor Christianto, Mihaela Colhon, Sergiu Boris Cononovici, Mamoni Dhar, Irfan Deli, Rebeca Escobar-Jara, Alexandru Gal, N. (...) Gandotra, Sudipta Gayen, Vassilis C. Gerogiannis, Noel Batista Hernández, Hongnian Yu, Hongbo Wang, Mihaiela Iliescu, F. Nirmala Irudayam, Sripati Jha, Darjan Karabašević, T. Katican, Bakhtawar Ali Khan, Hina Khan, Volodymyr Krasnoholovets, R. Kiran Kumar, Manoranjan Kumar Singh, Ranjan Kumar, M. Lathamaheswari, Yasar Mahmood, Nivetha Martin, Adrian Mărgean, Octavian Melinte, Mingcong Deng, Marcel Migdalovici, Monika Moga, Sana Moin, Mohamed Abdel-Basset, Mohamed Elhoseny, Rehab Mohamed, Mohamed Talea, Kalyan Mondal, Muhammad Aslam, Muhammad Aslam Malik, Muhammad Ihsan, Muhammad Naveed Jafar, Muhammad Rayees Ahmad, Muhammad Saeed, Muhammad Saqlain, Muhammad Shabir, Mujahid Abbas, Mumtaz Ali, Radu I. Munteanu, Ghulam Murtaza, Munazza Naz, Tahsin Oner, ‪Gabrijela Popović‬‬‬‬‬, Surapati Pramanik, R. Priya, S.P. Priyadharshini, Midha Qayyum, Quang-Thinh Bui, Shazia Rana, Akbara Rezaei, Jesús Estupiñán Ricardo, Rıdvan Sahin, Saeeda Mirvakili, Said Broumi, A. A. Salama, Flavius Aurelian Sârbu, Ganeshsree Selvachandran, Javid Shabbir, Shio Gai Quek, Son Hoang Le, Florentin Smarandache, Dragiša Stanujkić, S. Sudha, Taha Yasin Ozturk, Zaigham Tahir, The Houw Iong, Ayse Topal, Alptekin Ulutaș, Maikel Yelandi Leyva Vázquez, Rizha Vitania, Luige Vlădăreanu, Victor Vlădăreanu, Ștefan Vlăduțescu, J. Vimala, Dan Valeriu Voinea, Adem Yolcu, Yongfei Feng, Abd El-Nasser H. Zaied, Edmundas Kazimieras Zavadskas.‬‬. (shrink)

The great majority of commentators have evaluated the splitting of the moon. The vast majority of them think that it occurred in the Prophet’s period basing their view on the clear statement of al-Qamar 54/1 verse and on related rumors. However, some commentators claim that the moon will split on the doomsday, by referring to the context of the same verse. The same names criticize the rumors claiming that they cannot constituteevidence for the splitting of the moon. To those who (...) think so, from the fact that the splitting of the moon was related by few companions and that it was not recorded in various geographies it is evident that the incident did not happen. It cannot be said that the commentators, who took that the view that the split of the moon were in the period of the Prophet, have similar views in this regard. They have different interpretations in matters such as the realization and the shape of the event. On the other hand, those who claim that the split of the moon is only an idiomatic statement and that the event is only a lunar eclipse, declare that the split of the moon never actually happened. In this study which deals with various interpretations of tafsirs of the splitting of the moon, it is aimed to criticize different opinions on this issue. Document analysis and comparison methods were applied in the article.Summary: The issue of the splitting of the moon has attracted many names from various disciplines, notably the commentators. In the verse of al-Qamar 54/1 mentioning the splitting of the moon has been an important factor for the commentators to evaluate this issue. The ḥadīth narratives regarding the cleavage of the moon are found in many ḥadīth sources, in particular, Ṣahīh al-Bukhārīand Ṣahīh al-Muslim. The rumors about the splitting of the moon, albeit with different forms, are attributed to Anas b. Mālik (d. 93/712), Jubayr b. Muṭ‘īm (d. 59/678-679), ʿAbdallāh b. ʿAbbās (d. 68/687-688), ʿAbdallāh b. ‘Omar (d. 73/692), and ʿAbdallāh b. Masʿūd (d. 32/652-653) One of the rumors about the splitting of the moon, although it is based on ʿAlī b. Abī Ṭālib (d. 40/661)is not found in the authentic ḥadīth sources. In some narrations, it is said that the miracle of the moon's splitting took place upon the request of the polytheists while the others are only mentioned how this miracle happened. On the other hand, it cannot be said that the commentators agree on the split of the moon. The main purpose of this study is to identify these opinions with its basis. Apart from those who do not accept the occurrence of the incident, there are differences of opinion among the commentators who see this event as a miracle of the Prophet Muḥammad. It is possible to classify the disagreements of the commentators in this subject in two headings as the time and manner of occurrence of this incident.Most of the classical commentators, on the basis of narrations, think that the splitting of the moon occurred during the period of Mecca. Among these commentators, al-Wāḥidī (d. 468/1076) and al-Qurṭubī (d. 671/1273), as well as the rumors of this evidence, offer as a proof the verse, "if they see a miracle, they turn away and say that this is a great magic." (al-Qamar 54/2). Some commentators, such as al-Qushayrī (d. 465/1072), accept that this phenomenon has taken place in the past by referring to the opinion of the commentators about the split of the moon. The views of many of the modern-day commentators such as Siddiq Ḥasan Khan (d. 1307/1890), Mawdūdī (d. 1399/1979) and Sābūnī, on this issue, apart from the narrations related to the subject have shaped the general opinion of the commentators. There are differences of opinions among some of the commentators, who accept that the splitting of the moon takes place during the time of the Prophet Muḥammad, as to the reasons and arbitrariness of the incident. According to classical period commentators such as al-Ṭabarī (d. 310/923), al-Samarqandī (d. 373/983), Fakhr al-Dīn al-Rāzī (d. 606/1210), al-Qurṭubī (d. 671/1273), and Shīʿī commentators al-Qummī (d. 329/941), this incident took place upon the Prophet Muḥammad asked for a miracle as evidence for his prophethood by Meccan polytheists. Therefore, these commentators establish a relationship between the splitting of the moon and the prophethood of the prophet Muḥammad. On the other hand, commentators like Sayyid Quṭb (d. 1385/1966) argue that the splitting of the moon cannot be regarded as evidence of the prophethood, citing the fact that the miracles of the Prophet Muḥammad except the Qurʾān were not reported. There is a disagreement about the validity of the narrations related to the events among the commentators, who see the splitting of the moon as a miracle of the Prophet Muḥammad. Ibn Kathīr (d. 774/1373) and Shawkanī (d. 1250/1834) commentators, such as the rumors about this issue as a precise; ibn ʿĀshūr (d. 1879/1973) does not accept the news on this issue as a precise. There are also some commentators who suggest that the splitting the moon will take place in the future. The commentators, who shared this view, especially Rashīd Riḍā (d. 1353/1935) argued that the splitting of the moon did not take place in the past, pointing out that the validity criteria of narrations related to the splitting of the moon, and contradictory issues in the content of the rumors, also most of the people narrated by him/her cannot witness the incident and that it is not possible for people in a certain geography to witness this incident.There are few classical period commentators who suggest that the moon will be split in the future during the apocalypse. The prominent names are al-Ḥasan al-Baṣrī, (d. 110/728), ʿAṭāʾ b. Abī Rabāḥ (d. 114/732) and Abū Bakr al- Aṣamm (d. 200/816). On the other hand, many names such as Rashīd al-Riḍā (d. 1353/1935), al-Marāghī (d. 1364/1945) and al-Shinqīṭī (d. 1394/1974) from the modern period declare that the moon will split during the apocalypse.According to these, in the verses of the al-Qamar 54/1 that apocalyptic scene is mentioned.In the verse, they try to justify the use of the verb meaning of a split in the past tense by introducing some evidence from other verses.According to them, in many verses that speak of apocalyptic scenes, events are expressed in the past tense. There are also commentators who have different evaluations on the way of the occurring event instead of the time concept. Al-Ghazālī (d. 505/1111), Muḥyiddīn Ibn al-ʿArabī (d. 638/1240) and Shāh Walī Allāh al-Dihlawī (d. 1052/1642) do not see the splitting of the moon as a real split mentioned in the verse of the al-Kamer 54/1. According to them, the event is an optical illusion. Muḥammad Asad (d. 1412/1992) connected this illusion to the lunar eclipse. Trying to explain the splitting of the moon by some commentators is one of the commentary differences in this issue. According to Mawdūdī, who did not see this event scientifically impossible, it is possible to reunite a fragmented star with gravity. Without a doubt, Ṭanṭawī al-Jawharī (d. 1940) is one of the names who make the most striking evaluations in this issue. According to him, the miracle of the moon's splitting has many aspects to shed light on scientific studies. Ṭanṭawī al-Jawharī sees the verse as the sign of the moon instead of any other celestial body, as a sign that the moon had long ago broken off from the world. Therefore, Ṭanṭawī al-Jawharī establishes a relationship between the splitting of the month mentioned in the verse and the theories about the separation of the moon in the modern period.One of the arguments about the splitting of the moon is related to the fineness of the language. Some commentators, who draw attention to the expression of the splitting of the moon, which is the expression in the Qurʾān, argue that the purpose of the separation of the moon is the occurrence of truth. According to the advocates of this view, the Arabs use such a statement to express that a work has come to light. According to this, the term "splitting the moon" as means that the Qurʾān expands the darkness in its period. In summary, the commentators make various comments on different grounds such as the narrative expression of the verse al-Qamar 54/1 regarding the splitting of the moon, the narrations about the event, and the language subtleties. (shrink)

In the ḥadīth sources it is being conveyed that the companions (ṣaḥāba) refrained from asking questions to the Prophet. This situation is generally associated with the verse of sūrat al-Māʾida 5:101. An-Navvās b. Samʿān (d. 50/670), Abū Umāma al-Bāhilī (d. 86/705) and Anas b. Mālik (d. 93/711-12) are among the companions who consider this situation as the ban on the asking questions. The concern that asking questions may cause additional obligations that were not presumed to be obligatory also attracts attention (...) in these records. Keeping all numerous questions addressed to the Prophet in mind we may ask if there is a Prophetic prohibition on asking questions. We will seek an answer to this question, which constitutes the main axis of this article, especially in the framework of the narrations mentioned among the reasons of the al-Māʾida 101. We will evaluate the information concerned in their historical context and internal coherence inductively. Our investigation differs in this respect from the investigations, which dealt with the disapproval of excessive and unnecessary questions. As a result of our research, we think that it is possible to talk about a ban on asking questions about religious issues in the last three years of the Medina period. We will first discuss the dating and nature of this ban, from which only Bedouin and visitors who come to Madina were excluded. Then, we especially will evaluate the theological consequences of answer of the Prophet, which mentioned in the same context, of whether the pilgrimage is religious duty for every year. In the last part of the article, the prohibition of asking questions will be discussed in the light of Hans-Georg Gadamer’s principle “Der hermeneutische Vorrang der Frage”, which deals with the effect of the questions on the direction and nature of the answer.Summary: It is reported in Qurʾān and Ḥadīth that the Prophet Muḥammad (PBUH) was asked a lot of questions and he responded based on the revealed knowledge or his own. He did not like the questions which remain outside of the daily religious life like the questions whether he is able to know the end of the world or to show miracle. There are some reports which covey that the Prophet frowned upon some questions because they could cause new assignments or lead to complicate the existing ones. The Companions like an-Nawwās b- Samʿān (d. 50/670), Abū Umāma al-Bāhilī (d. 86/705) and Anas b. Mālik (d. 93/711-12) have been describing this situation as the ban of asking of religious implications.This issue which companions formulated exactly as the ban of the asking questions was regarded in research until now just as the depreciation of the Prophet upon the unnecessary questions. In this interpretation the idea played a role that the ban of the asking may not conform to the religious pedagogic of the Prophet and the real existence of a lot of asked questions contradict that. Therefore the imperative “do not ask” in al-Māʾida 5:101 (O believers, do not ask about things which, if made known to you, may vex you) were interpreted not as the prohibition of the asking questions in real sense, but as just the depreciation of the unnecessary questions.We argue that it is possible to talk about a prohibition of the asking questions in real sense. We are of the view that the asking to religious matters was prohibited in the last years of the Medina period. In a time of Madina period when the fundamental principles of Islam emerged the questions of companions let the Prophet think that they may lead to additional religious obligations. Therefore the Prophet warned his companions in these words: “Do not ask me about the details of the things which I do not mention to you” and “Allāh Taʿālā has remained silent about some things, out of compassion for you, not forgetfulness so do not seek after them.”The imperative “do not ask” in al-Māʾida 5:101 has to been understood in the light of the Prophet’s advice as quoted above. According to the expressions of the companions reported in hadith collections, it is obvious that the imperative “do not ask” signifies not only “do not ask unnecessary questions”, but “do not ask questions related to theology matters in general”.Anas b. Mālik served the Prophet nine or ten years and was not criticised by the Prophet anytime. A companion like Anas cannot have refrained from the asking questions because they may be unnecessary. Anas interpreted “ do not ask” in al-Māʾida 5:101 in words: “We were forbidden in the Qurʾān that we ask the Prophet anything". Anas’s observation reveals that the companions considered the “do not ask” in al-Māʾida 5:101 as a general prohibition for the questions to religious issue.According to our research it seems this ban was promulgated in last three years of Medina Period, and Bedouin and visitors were excluded. Al-Nawwās b. Samʿān noticed that the ban of the asking questions was only for the residents in Medina: “I was in Medina one year. The reason why I did not stay in Medina was my wish to ask the Prophet a religious issue. So, whoever stayed in Medina was not permitted to ask the Prophet questions.” Abū Umāma al-Bāhilī interpreted the ban of the asking in al-Māʾida 5:101 as a general ban. He reported that the companions give a garment (burda) as gift to a Bedouin in order to let him ask the Prophet questions. The ban on asking questions in Medina was not related to unnecessary questions. It was indeed related to the questions that might have caused addition to already well-defined obligatory rulings in Islam. Accordingly, the questions became unnecessary because they were asked in the time of revelation. With the ban of the asking the Prophet questions accentuated that God and his Messenger are aware what necessary and what was not. It means that God can intervene if it is necessary. For that they do not need ask the Prophet. Aṭ-Ṭabarī, al-Qurṭubī, en-Nawawī, Ibn RaJab el-Ḥanbalī and Ibn Ḥajar al-ʿAsqalānī are the scholars who interpreted the ban of asking in this general sense.We especially will evaluate the theological consequences of the Prophet’s response, as reported in the sources: “ If I said yes, the pilgrimage will be a religious duty for every year.” Here one may not misconstrue that the Prophet could determine the religious obligations arbitrarily. He meant that the believers have to practice only that which were revealed to them. The Prophet wanted to teach his followers the principle that became essential rule of Islamic jurisprudence: “What is not forbidden is permitted”.The Prophet did not perform tarāwīḥ-prayer in congregation in the month of fasting due to the apprehension that it might become obligatory for the believers and they would not be able to follow it. In this human reaction of the Prophet we see that the Prophet did not consider himself as the founder of the Islamic norms. In this context the following questions are important: Does God consider the human questions when making something obligatory? Is God influenceable in terms of His orders? Ibn Ḥajar observes: The scholars of Ahl al-Sunnah accept the causality in terms of the Islamic norms. Accordingly something can become a religious norm because the humans asked about that. But God’s decision does not depend on the humans. God can consider human questions, if He so wills. (shrink)

This article critically addresses recent anthropological and feminist efforts to theorize and analyse Muslim women's participation in and support for the Islamic revival in its various manifestations. Drawing on ethnographic material from research on young Muslims engaged in Islamic youth and student-organizations in Norway, I investigate some of the challenges that researching religious subjectivities and practices pose to feminist theory. In particular, I deal with how to understand women's religious piety in relation to questions of self, agency and resistance. Engaging (...) with Saba Mahmood's work on The Politics of Piety, this article suggests ways of understanding the young women's religious engagement that move beyond the confines of a binary model of subordination and resistance, coercion and choice. Grounding the discussion in ethnographic analysis of how young Muslim women in Norway speak about the ‘self’, I argue that critically revisiting feminist notions of agency, autonomy and desire, is necessary in order to understand the kinds of self-realization that these women aspire to. However, the article argues against positing Muslim conceptions and techniques of the self as ‘the other’ of liberal-secular traditions. Rather, I show how configurations of personhood, ethics and self-realization drawn from Islamic and liberal-secular discursive formations inhabit not only the same cultural and historical space, but also shape individual subjectivities and modes of agency. (shrink)

This article reviews al‐Ghazālī's conception of Divine Command Theory (DCT) in light of contemporary philosophical developments. There are two well‐known objections against DCT. These include the problem of arbitrariness (PoA), which states that God randomly chose our moral framework for no reason given His capability to choose any moral commands; and the problem of God's goodness (PoGG), which questions God's goodness if morality could be other than what it is. Modern defenders of DCT have attempted to counter these objections through (...) various strategies. This article juxtaposes al‐Ghazālī's interpretation of DCT with modern strategies to illustrate how these two issues are untroubling concerns in al‐Ghazālī's framework. In doing so, it highlights where and how they differ in their approaches. Additionally, it critiques interpretations suggested by some contemporary thinkers who suggest that al‐Ghazālī may not be a strict proponent of DCT. (shrink)

This paper aims to assess knowledge management maturity at HEI to determine the most effecting variables on knowledge management that enhance the total performance of the organization. This study was applied on Al-Azhar University in Gaza strip, Palestine. This paper depends on Asian productivity organization model that used to assess KM maturity. Second dimension assess high performance was developed by the authors. The controlled sample was (364). Several statistical tools were used for data analysis and hypotheses testing, including reliability Correlation (...) using Cronbach’s alpha, “ANOVA”, Simple Linear Regression and Step Wise Regression. The overall findings of the current study suggest that KMM is suitable for measuring and lead to enhance high performance. KMM assessment shows that the university maturity level is in level three. Findings also support the main hypothesis and it is subhypotheses. The most important factors effecting high performance are: Processes, KM leadership, People, KM Outcomes, Knowledge Process. Furthermore the current study is unique by the virtue of its nature, scope and way of implied investigation, as it is the first study at HEI in Palestine explores the status of KMM using the Asian productivity model. (shrink)

The idea of the subject as a construct, of various external influences, was not new to the cultural and literary circles in the 1980s when DeLillo published White Noise. In the second half of the twentieth century, post-structuralist and postmodern theories unsettled the established ideas of the humanist tradition like the concept of the subject. The idea that the subject is constituted by external factors posed a challenge to the modernist notion of the subject as authentic and independent consciousness. Influenced (...) by post-structuralist and postmodern theories, novelists in post-war America, especially during and after the 1980s, portrayed their protagonists (the subjects) as textual constructs rather than authentic heroic figures we often find in modernists’ works of art. DeLillo engages with technological developments and sociocultural changes in post-war America and explores how such developments/changes influence an individual’s subjectivity. Critics have described Jack Gladney, the protagonist of White Noise, as a late-modernist displaced to negotiate the postmodern landscape. This study, which is purely of scholarly interest, attempts to show how Gladney vacillates between the notions of modernist authentic subject and the de-centred postmodern subject created textually. This article also attempts to explore how DeLillo’s fiction engages with the idea of the subject during the 1980s. (shrink)

Ethical decision making in medicine has recently seen calls to move towards less prescriptive- based approaches that consider the particularities of each case. The main alternative call from the literature is for better understanding of phronesis concepts applied to decision making. A well-cited phronesis-based approach is Kaldjian’s five-stage theoretical framework: goals, concrete circumstances, virtues, deliberation and motivation to act. We build on Kaldjian’s theory after using his framework to analyse data collected from a three-year empirical study of phronesis and the (...) medical community. The data are a set of narratives collected in response to asking a medical community what making ethically wise decisions means to them. We found that Kaldjian’s five concepts are present in the accounts to some extent but that one of the elements, motivation, is constructed as playing a different, though still crucial role. Rather than being an end-stage of the process as Kaldjian’s framework suggests, motivation was constructed as initiating the process and maintaining the momentum of taking a phronesis-based approach. The implications for medical ethics decision-making education are significant as motivation itself is a highly complex concept. We therefore theorise that motivation is required for leading in, continuing and completing the actions of the ethical decision taken. Appreciating the central importance of motivation through the whole of Kaldjian’s framework has implications for cultivating the virtues of phronesis and courage to take the right course of action. (shrink)

Like the French revolutionaries, Kant defended individual rights and a republican constitution. That he nonetheless rejected a right of revolution has puzzled scholars. In this article I give an overview of Kant’s rejection of a right of revolution, compare it to the German intellectual context, and use it to explain Kant’s view of the events in France. In Kant’s nuanced account of the revolution’s two central phases, he refined a distinction between legitimate political transition and lawless popular rebellion.

Tacit knowing as a concept and legitimate topic of scholarship came up in philosophical research in the second half of the 20th century in the form of some influential works by Michael Polanyi (although similar concepts had been discussed before). Systematic epistemological studies on the topic are still scarce, however. In this article, I support the thesis that tacit knowing pervades all our common major divisions of knowledge and that it therefore must not be neglected in epistemological research. By this (...) approach I am simultaneously giving a systematic back-up for Polanyi's claim that the tacit component is found in all knowledge. (shrink)

Despite the vast scholarship on Ibn Khaldun, little attention has been devoted to his views on war - views of considerable contemporary significance because he remains one of the few authoritative figures across a broad swath of the Islamic political spectrum. The first part of this article identifies jihad as a crucial element of a broader imperative for Ibn Khaldun: establishing empires of sufficient size, diversity and cosmopolitanism to sustain the kind of civilization he views as necessary for human excellence. (...) The second part of the article demonstrates that for Ibn Khaldun the good military commander, like the good religious guide, is a model for the good or artful statesman in general. In the process, Ibn Khaldun's study of war and empire emerges as one of the most innovative articulations of Realpolitik in Islamic political thought. (shrink)

Although the Mukhtasar Siyasat al-Hurub has attained iconic status in the Islamic military canon, it has never received a full-length analysis. Almost all extant references, moreover, focus on its technical aspects rather than its political subtext. That subtext has a twofold purpose. First, to valorize reason by emphasizing the centrality of deliberation in jihad. Second, to ensure that such valorization nevertheless does not lose sight of (a) the uncertainties of war, which militate against replacing faith in supernatural forces with an (...) equally unwarranted faith in science; or (b) the existence of evil in the world, which precludes any hope of perpetual peace. As such, the Mukhtasar articulates a distinctive Islamic approach that diverges both from a more optimistic Western tradition extending from early Christianity to the Enlightenment, and from an alternative-- but currently resurgent-- Islamic outlook on the proper scope and conduct of jihad. (shrink)

This study reviews and synthesizes the contemporary business literature that focuses on the role of corporate social responsibility to enhance firm value. The main objective of this review is to proffer a precise understanding of what has already been investigated and the findings of those investigations regarding the value-enhancing capabilities of CSR for public firms. In addition, this review identifies gaps in the existing literature, evaluates inconsistent findings, discusses possible data sources for empirical researchers, and provides direction for exploring other (...) promising avenues in future studies. The thrust of the CSR literature largely acknowledges the value-enhancing capabilities of firms’ social and environmental activities. However, the predominance of inconsistent theoretical grounds in major CSR-benefits-related areas suggests that there is ample room for future research to contribute to the extant literature. Anecdotal evidence, the prevalence of theoretical arguments, and the availability of large cross-sectional firm-level data suggest that future research will enrich the literature by investigating the real insights behind several unanswered questions, by establishing implicit understandings regarding recognized findings, and by developing new theories in this emerging field. (shrink)

Papers presented at the Seminar on Ethics and Aesthetics in Indian Literary Practices, held at Udaipur in Rajasthan, India in 2009; organized by Department of English, Mohanlal Sukhadia University, Udaipur, India.

The role of testimony in the transmission and generation of knowledge has been debated vigorously in contemporary epistemology. More recently, types other than propositional knowledge are also being discussed, among them know-how. No special attention, however, has been paid so far to tacit forms of know-how. In this article, I am arguing for the thesis that testimony, if understood in an inclusive way, can play a central role in the transmission and generation of tacit know-how. This thesis is embedded in (...) a virtue-theoretic framework: next to testimony, successful acquisition of tacit know-how crucially depends on the relationship between teacher and student and the virtues they both display. (shrink)

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such as (...) hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

On the outside wall and in the vestibule of the ‘House of Publius Paquius Proculus’ in Pompeii (building I.7.1) three graffiti containing the name Cucuta can be found. The first simply readsCucuta(CIL4.8065 [outside wall]). The second tells us that Cucuta was an attendant of the Emperor Nero (CIL4.8066 [outside wall]):Cu(cuta) | Cucuta Ner(onis).From the third we learn that Cucuta was a financial secretary (a rationibus) of Nero (CIL4.8075 [vestibule]):Cucuta ab ra[t]ioni[b]us | Neronis Augusti. While the meaning and significance of these (...) graffiti may seem apparent—that one of Nero's attendants scratched his name on the wall and vestibule pillar as he waited for the emperor to return from a meeting—the closeness betweenCucuta(an otherwise unattested name) andcicuta(hemlock) raises a key question: should we readCucutaasCicutaand therefore understand the third graffito in particular as a joke about Nero's rumoured fondness for killing family, friends and his senatorial enemies with poison? In other words, is it Poison, and not a person, that keeps Nero's finances in order? And, if so, can theCucutagraffiti give us an alternative insight into the plethora of wall inscriptions found outside building I.7.1 greeting Publius Paquius Proculus and recommending him for office? (shrink)

Bien que les minorités sexuelles et de genre courent un risque accru de problèmes de santé, on dispose de peu de données sur les interactions patient-prestataire de soins. Dans cette étude, nous avons exploré les perspectives des patients LGBTQ et leurs rencontres avec les médecins afin d’améliorer notre compréhension des expériences patient-médecin. À l’aide d’une sélection ciblée de patients LGBTQ auto-identifiés, nous avons réalisé quatorze entrevues semi-structurées en profondeur sur des sujets comme l’orientation sexuelle et l’identité de genre, ainsi que (...) leur rôle perçu dans la relation patient-fournisseur. Un codage utilisant une approche modifiée de la théorie ancrée a été effectuée pour générer des thèmes. Nous avons identifié trois grands thèmes qui démontrent la complexité des expériences vécues par les patients LGBTQ. La première, le manque de confiance, identifie la méfiance et la perte de la relation médecin-patient résultant d’une mauvaise communication des médecins ou d’un jugement porté sur eux, ou du fait que les médecins font des suppositions sur le genre, utilisent des pronoms incorrects et ne reconnaissent pas l’hétérogénéité dans la communauté transgenre. Un deuxième thème, être vulnérable, décrit les défis et les craintes liés au réconfort des patients face à la divulgation de leur orientation sexuelle ou de leur identité de genre. Un dernier thème, la discrimination sélective, met en relief la discrimination raciale ou ethnique qui crée un fardeau supplémentaire en plus de la maladie et de l’identité stigmatisée. Nos résultats révèlent les besoins complexes des personnes aux multiples identités stigmatisées lorsqu’il s’agit d’établir des relations avec les prestataires. En utilisant une perspective intersectionnelle qui tient compte de la pluralité des identités des patients, les prestataires peuvent aider à améliorer leurs relations avec les patients LGBTQ. L’intégration d’une formation intersectionnelle pour les étudiants en médecine et les résidents pourrait grandement profiter aux patients LGBTQ et à leurs médecins. (shrink)