In this article, I draw on Carl Schmitt’s political and constitutional thought in order to reflect on the political struggle over the foundational norms and values of a constitutional settlement in...

This study compares Avicenna's and Thomas Aquinas' conceptions of God, theological language, the nature of creative action and the beginning of the universe.

Each narration or text, as it informs about an event, situation or person in history, has a history that sheds light on both its formation and how it arrived to us. The illumination of this history is at least as important as the content analysis of the information. For this reason, it is necessary both to examine whether the source in which the information is given has survived to the present day as it was created by the author without being (...) exposed to any external intervention, and to analyze the narration in terms of reliability and indication within the integrity of the isnād-text. In that case, when the word “text criticism” is mentioned, an understanding of a specific criticism should come to mind, which includes both critical edition (scholarly editing) of the first source and the critique of the narration by making sound research in terms of isnād and literary criticism (naqd al-isnād wa-l-matn). Due to reasons such as the inability to follow a standard method, the limited number of the copies and/or the distance of the copies from the author in terms of history and commercial concerns, many classical works published with relative verification contain such errors require a re-examination. One of these works is Ibn Hibbān’s (d. 354/965) book al-Majrūhīn. In his work al-Majrūhīn, Ibn Hibbān divided the narrators into two groups according to their reliability and collected the ones that he determined as weak according to his opinion. In this work, he placed Abū Ḥanīfa (d. 150/767) at the top of the list. First, he denounced Abū Ḥanīfa with the following expressions: Sahib al-ra’y, child of slaves, bicker, hypocrite, had little knowledge of hadith, a Murji’ī propagandist, a narrator who was blamed by imams. Then he tried to justify these claims by about thirty narrations from various salaf scholars. These narratives are completely different from the largely intellecutal discussions and criticisms of scholars such as al-Awza'i (d. 157/774), Ibn Abī Laylā (d. 148/765) and Ibn Abī Shayba (d. 235/849) on Abu Ḥanīfa and his school. The narrations compiled by Ibn Hibbān are display insulting and polemical narrations against Abu Ḥanīfa’s personality and reliability. In terms of being a source for later periods, it is important to examine and criticize these narratives in terms of the narration techniques. The al-jarḥ wa-l-taʿdīl is important part of the hadith science. al-Mejrūhīn, one of the leading works of this science is remarkable in many respects. According to this narration Abū Ḥanīfa Nuʿmān b. S̱ābit b. Zūtā b. Māh’ın (öl. 150/767) said, "If a man worships this mule to get closer to Allah, I see no harm in it." According to our analysis, there are the following determinations about the narrators in the chain of this narrative. Ibn Abī Mushir is unknown (majhūl), the narrator who is written as “Mahfūz b. Abī Savba” but his correct name is “Tawba” is matrūk. Ahmad b. al-Walīd al-Mahramī al-Karkhī is weak, and Yahyā b. Hamza, source person, is qadari who narrates from people with munkar al-hadith; but is also considered as a thiḳa narrator. As for Sa‘īd b. Abd al-Azīz, he has nothing to do with the reception and transmission of the narrative. In addition, there is also a break in the chain. First of all, what is expected from a basic work such as al-Majrūhīn, whose subject and purpose is purely a narrator analysis, is that the report in it should be acceptable, at least in terms of isnād. When the narrative in question, which is also included in earlier sources such as al-Fesewī (d. 277/890), is evaluated in terms of both the isnād and the text, one realizes the transformation of an expression circulating in the form of gossip against Abu Ḥanīfa in Damascus around the subject of ʾirjāʾ. ʾIrjāʾ was at the forefront of the heated debates in the second half of the second century into semā form in terms of isnād and text, besides, the word النعل/clog is transformed into البغل/mule. Apart from the weak points of the chain, Sa‘īd b. Abd al-Azīz, who has nothing to do with the reception and transmission of the narrative, has also been turned into the narrator/source of the report with the samā expression. Regardless of the purpose and the criteria of the narration technically, during the conversation with Sa‘īd, Yahyā b. Hamza’s sincere friend and teacher, a special speech in which a common report attributed to Abu Ḥanīfa was expressed, was transformed into Yahyâ’s samā‘ in the form of jazm. As a result, the word “shoe” or “clog” has evolved into mule. It would be a reductionist and over optimistic approach to assume that all this may have resulted from tashīf and tahrīf of the copyists. The narration we discussed is a typical example in terms of showing the effect of the conflict of ideas between Ahl al-Hadīth and Ahl ar-Ra’y on the narrations. Of course, this shoud be not regarded as the only example. (shrink)

Among the Muslims the most common sect is Ḥanafī. It is mentioned in the Ḥanafī sect that there are a line of students who transfer the principles of the sect from generation to generation. In order for the Islamic conquests that started simultaneously in the Eastern and Western lands to be permanent, people were sent to teach Islamic morality, worship and fiqh that encompass daily life. From the 2nd century (A.H.) the sectarianization process that started in the centers such as (...) Kufa, Medina and Damascus has naturally spread to the geography of the West. Many jurists who were educated in the madrasas in the East transferred this education to the newly conquered lands in the West, thus contributing to the fact that sectarianization began in the East and West at the same time. During this period, the views of many mujtahids, including Abū Ḥanīfa and his students, began to enter this geography again through his students. In this article, the most important person who introduced the Ḥanafī sect in the Andalusian region and transferred Abu Ḥanifa's ijtihads, ʿAbdallāh Ibn Farrūkh's life, his scientific personality, his contributions to the spread of the sect and the reasons for the Ḥanafī sect to find supporters in the region will be followed by a short course and the history of the sect will be tried to uncover in the history of Andalusia.Summary: Among the Muslims the most common sect is Ḥanafī. It is not a coincidence that the Ḥanafī sect spread more than other sects and found supporters. Abū Ḥanīfa (d. 150/767) is the most senior among the imams of four leading sects. He experienced about commercial and everyday life, had loyal students. This is because he discussed with his students before deciding on a ruling.Islamic conquests in the east and west started at the same time. Experts teaching Islamic morality were sent to conquered places. In this way, both morality and Islamic law, which encompasses worship and daily life, were also taught. Since the implementation of justice was considered as the main duty of the state, legal affairs were dynamic and systematically organized. For this purpose, both in the Medina and the newly conquered lands, various issues such as, management, use, distribution, non-muslim marriage, trade and so on emerged. These issues were carried out with the "kadi" establishment, which is like today's ministry of justice.In the Hijri 2nd century, Fiqh schools produced practical solutions to matters of process and worship in centers such as, Iraq, Medina and Damascus. These schools completed the sectarianization process after a century. Many Islamic jurists who took madrasah education in the east taught these training in the west. They pioneered the development of this sectarianization process both in the east and the west at the same time.The Islamic jurisprudence solved the problems that emerged with the conquest process that began in Andalusia, primarily through the independent jurisprudence, kadi and muftis in the region. After 710 A.C., the Ḥanafī sect reached Andalusia. After the death of Abū Ḥanīfa, Abu Yusuf became the chief justice. Later, the views of Abū Ḥanīfa gained importance. Abu Yusuf appointed the judges who knew the Ḥanafī sect. Abū Ḥanīfa's students, like a gold mine, embraced the views of their teachers. These jurisprudences were adopted by the supporters. Imam Muhammad was the first to write the case law of Abū Ḥanīfa. The views and thoughts of Abū Ḥanīfa, which were published by Imam Muhammad, spread throughout Iraq, Damascus, Iran and Khorasan. Later these thoughts reached North Africa that was under the control of Aghlabid (A.C. 800-909).In the same era, ʿAbdallāh b. Farrūkh passed to the way 6500 km to learn western sciences. The purpose of Farrūkh is to write the views of his teacher, Abū Ḥanīfa. In this way, he returned to Andalusia by writing ten thousand subjects. Beginning from 767 A.C., Ḥanafī sect gradually began to form in this region. He served as a judge voluntarily, although he did not serve as the official judge. Therefore, it contributed greatly to the spread of this sect in the west. The Mālikī sect, which due to from the animosity of Umayyad (A.C. 661-750) and Abbasids (A.C. 750-1258), came to the forefront. Abdullah b. Ferrûh was not as famous as the other disciples of Abū Ḥanīfa.Although Ḥanafīism spread in the west, it was in the foreground in the eastern geographies. Scholars such as Qadi Ayyad (d. 544/1149), Ibn Farḥūn (d. 799/1397), Muhammad Abū Zahra (d. 1974) and Hintātī state that this sect was effective for a short time in the west. On the other hand, Maqdisī (d. 380/999) states that Ḥanafī existed in Andalusia until the second half of the third century A.C. and was at least as widespread as Mālikīism. Orientalist Lévi Provençal (d. 1956) says that Ḥanafī sect did not reach to Andalusia. However, it can be understood from the above statements that this view is not real. In addition, according to the student hierarchy described in the article, it is understood that the Ḥanafī sect maintained its existence in this region for a while. In Andalusia, the views of the sect from the 8th to the 13th centuries known, recognized and followed by experts and the public. Because this sect was not official, its books were not in demand. For this reason, the basic works belonging to the sect were not reproduced.It is not true that the Ḥanafī sect never came to Andalusia or did not stay for a long time. ʿAbdallāh b. Farrūkh, who studied at Abū Ḥanīfa for 5 years, introduced Ḥanafī sect in Andalusia. Then his students continued this teaching. In this study, the life, mastery and students of ʿAbdallāh b. Farrūkh, who made important contributions for the first time in teaching Ḥanafīsm's to Andalusia, have been brought together. This information is summarized in terms of Ḥanafīsm's entry into Andalusia, the reasons for acceptance in social life and the duration of the sect in the region. (shrink)

Carl Schmitt, yirminci yüzyılın en ihtilaflı düşünürlerinden biridir. Politik olana dair görüşleri başta olmak üzere hukuk, tarih ve edebiyat gibi alanlarda ürettiği fikirlerle büyük önemi haizdir. Politik tavır alışlarından dolayı çoğu yazar tarafından tepki gösterilen bir isim olsa da kimi mühim araştırmacının, çağdaş politik krizlere çözüm bulma gayeleriyle Schmitt’e başvurması, onu sıklıkla gündeme gelen bir isim hâline getirmiştir. Böylelikle düşünür, dünya genelinde ve Türkiye özelinde hukuk ve politika eksenli tartışmaların daha iyi anlaşılması için değerlendirilir olmuştur. Felsefeciler, hukukçular ve siyaset bilimciler (...) olarak üç ana hatta tasnif edilebilecek araştırmacılar, bilhassa 2000 sonrası dönemde Schmitt çalışmalarına yoğunlaşmıştır. Yoğunlaşan akademik çalışmaların ivmesi Türkiye’de de bir moment oluşturmuş ve Türkçe literatürün sahip olduğu materyal giderek genişlemiştir. Bu bağlamda düşünüre ve görüşlerine yönelik kitaplar, kitap bölümleri, makaleler, tezler ve benzeri doküman kaleme alınmış; yine kitaplar ve makaleler gibi dokümanların da çevirileri yapılmıştır. İşbu bibliyografya çalışması, mevzubahis Schmitt eğiliminin neticesinde üretilen akademik çalışmalara odaklanıp ilerleyen süreçte yapılacak yeni çalışmalara bir literatür taraması olarak yardımcı olma gayesi gütmektedir. (shrink)

The transformation and change of social knowledge in Modern Turkish Republic has begun with the fall of the Ottoman Empire. Whilst the transformation of knowledge took place in daily knowledge, the change that took place in the political structures had a broad influence in the language, religion and tradition. The appearance of a new form of daily knowledge created a new common sense and this has opened the road towards the possibility of investigating social representations of various phenomena. Among these (...) the social representations of madness in daily knowledge have already existed in common sense knowledge for a long time. With this in mind, the main goal of this paper is to explore contemporary urban Turkish social representations of madness. This study has shown that both scientific and common sense knowledge exist at present in citizens’ daily knowledge and practices. (shrink)

Gossip is ubiquitous. Gossip allows important rules to be clarified and reinforced, and it allows individuals to keep track of their social networks while strengthening their bonds to the group. The purpose of this study is to decipher the nature of gossip and how it relates to friendship connections. To measure how gossip relates to friendship, participants from men’s and women’s collegiate competitive rowing teams noted their friendship connections and their tendencies to gossip about each of their teammates. Using social (...) network analysis, we found that the crew members’ friend group connectedness significantly correlated with their positive and negative gossip network involvement. Higher connectedness among friends was associated with less involvement in spreading negative gossip and/or being a target of negative gossip. More central connectedness to the friend group was associated with more involvement in spreading positive gossip and/or being a target of positive gossip. These results suggest that the spread of both positive and negative gossip may influence and be influenced by friendship connections in a social network. (shrink)

Modern hukukta alenilik, terim olarak, yargılamanın kamuya açık şekilde yapılmasını ifade eden bir ilkenin adıdır. Hukuk dilinde “aleniyet ilkesi” denildiğinde kastedilen kural olarak budur. Aleniyet ilkesi, toplumda yargıya ve hukuka güvenin sağlanması, dava taraflarının haklarının korunması ve kamu vicdanında adalet duygusunun tatmin edilmesi bakımından önemlidir. Bunun için de öteden beri yargılamanın kamuya açık gerçekleşme gerekliliği üzerinde durulmuş ve bu husus günümüz hukuk düşüncesinde önemli bir ilke olarak yerini almıştır. Bu makalenin amacı, hukuk tarihinde önemli bir yeri olan aleniliğin tanımı yapılarak, (...) İslâm hukukunun erken döneminde ceza yargılamasında aleniliğin nasıl sağlandığını tespit etmektir. Yargılamada alenilik, tarihin eski devirlerindeki imkânlar nispetinde doğrudan katılım ile sağlandığından, İslâm hukukunun erken döneminde kullanılan muhakeme mekânlarının tespiti konu açısından son derece önemlidir. Bu konuda mahkemelerin kurumsal nitelik kazanmasından önce karşımıza mescitler ve kamuya açık diğer mekânlar çıkmaktadır. Ayrıca yargılama sürecinin işleyişinde uygulanan prosedür, çeşitli işlemlerle görevlendirilen yardımcılar ve yargılama şahitleri de sürecin aleni olmasına katkı sağlamıştır. (shrink)

This study attempted to investigate the effect of problem-based learning on the environmental attitudes of preservice science teachers. In the study, an experimental design was used with a pre-test and post-test control group. In all, 51 junior preservice science teachers participated in the study. The study was carried out over 10 weeks within the scope of an environmental science course. During the study, lessons in the experimental group were processed using a PBL approach while lessons in the control group were (...) processed using a traditional teaching approach. Data were collected through a personal information form and environmental attitudes inventory. Data were then analysed using PASW Statistics 18. The findings of the study revealed a statistically significant increase in favour of the experimental group preservice science teachers’ environmental attitudes. An increase in environmental attitudes was also found in the control group; however, this increase was not statistica... (shrink)

We question the perspective that curiosity and creativity stem from a shared novelty-seeking process. We emphasize that creativity has two distinct dimensions: Novelty and usefulness, each involving separate cognitive processes. These dimensions may not necessarily mutually reinforce each other. We contend that a more comprehensive model that encompasses the full scope of the creativity construct is needed.

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, by giving (...) special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

A wide range of countries decided to go into lockdown to contain the coronavirus disease (COVID-19) pandemic of 2020, a setting separating people and restricting their movements. We investigated how musicians dealt with this sudden restriction in mobility. Responses of 234 people were collected. The majority of respondents (95%) resided in Belgium or the Netherlands. Results indicated a decrease of 79% of live music making in social settings during lockdown compared with before lockdown. In contrast, an increase of 264% was (...) demonstrated for online joint music making. However, results showed that most respondents were largely or even completely unaccustomed with specialized platforms for online joint music making (e.g., JamKazam, Jamulus). Respondents reported to mostly use well-known video-conferencing platforms such as Zoom and Skype when playing together virtually. However, when such video-conferencing platforms were used, they were often not employed for synchronized playing and were generally reported to insufficiently deal with latency issues. Furthermore, respondents depending on music making as their main source of income explored online real-time methods significantly more than those relying on other income sources. Results also demonstrated an increase of 93% in the use of alternative remote joint music-making methods (e.g., recording parts separately and subsequently circulating these digital recordings). All in all, results of this study provide a more in-depth view on joint music making during the first weeks of lockdown induced by the COVID-19 pandemic of 2020, and demonstrate users’ perceptions of performance and usability of online real-time platforms as well as alternative methods for musical interaction. (shrink)

It is important to define and practice ethical rules and codes for professionalisation. Several national and international associations have determined midwifery ethical codes. In Turkey, ethical rules and codes that would facilitate midwifery becoming professionalised have not yet been determined. This study was planned to contribute to the professionalisation of midwifery by determining national ethical values and codes. A total of 1067 Turkish midwives completed the survey. The most prevalent values of Turkish midwives were care for mother–child health, responsibility and (...) professional adequacy. The preferred professional codes chosen by Turkish midwives were absence of conflicts of interest, respect for privacy, avoidance of deception, reporting of faulty practices, consideration of mothers and newborns as separate beings and prevention of harm. In conclusion, cultural values, beliefs and expectations of society cannot be underestimated, although the international professional values and codes of ethics contribute significantly to professionalisation of the midwifery profession. (shrink)

İslam hukuk doktrininde bir fiilin veya sözün hükmünü belirleme noktasında kasıt esas alınır. Kasıt; hukuki işlemlerden elde edilmek istenen neticedir. Bununla birlikte mükellefin söz veya fiillerinin kasıt sonucu meydana gelmesi halinde söz ve fiillerine hüküm bağlanır. Bu takdirde bir akdin esasını onunla elde edilmek istenen hukuki neticeye yöneltilmiş olan tarafların kastı teşkil eder. İslam dini mükelleflerden bir davranışı ortaya koyduğu zaman bunun bilinçli olarak yapılmasını ve o işe kalben yönelmesini istemiştir. Dini emir ve yasakların tamamı bir maksadı gerçekleştirmek için vazedilmiştir. (...) Şari’in emir ve yasaklardaki maksadı da ya kulların maslahatını temin etmek yada onlardan bir mefsedeti gidermektir. Mükelleften istenen de bu maksat doğrultusunda hareket etmesi ve Şari’in maksadından başka bir şeyi kastetmemesidir. Hukuki tasarrufların geçerli olması noktasında bütün mezheplerin kasta önem verdikleri görülmektedir. (shrink)

From Greco-Roman antiquity through to European enlightenment, philosophy and religious thought were inseparably interwoven. This book explores intellectual worlds of Abrahamic religious traditions, their approaches to scriptural hermeneutics, and their interaction over many centuries on common ground of inheritance of classical Greek philosophy.

Increasing numbers of women in Turkey are murdered by their relatives, spouses or significant others. The perpetrators plead provocation for their crimes, claiming their actions are provoked by women’s initial acts which they deem to violate societal norms. Pleading provocation enables more lenient sentences. This article investigates the interplay of the legal rules and societal norms on ‘proper’ female behaviour in femicide, based on data drawn from the Journal of Legal Proceedings, which publishes select rulings of the Court of Cassation (...) – the Highest Court in the Turkish legal system – from 2004 to 2018. This article argues that there is a collision between cultural, societal norms and legal rulings in criminal law, and displays linkages between legal processes and social norms which perpetuate patriarchal structures. Accordingly, the article proposes that legal rulings on femicide reflect societal norms and traditional expectations on women’s roles in Turkish society through employing provocation defence. Consequently, law becomes complicit in femicide through provocation, and provocation could be seen as the legal system’s concession to patriarchy. (shrink)

Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.

Geçmişten günümüze Yahudi mistisizmi, Sabetay Sevi ve Sabetaycılık ile ilgili birçok eser yazılmıştır. Bu eserler arasında en fazla dikkat çeken, Kabala’yı akademik alanda çalışılan ve bilimsel metotlarla incelenen bir konu haline getiren Gershom Scholem’in çalışmasıdır. Goldish ise Sabetay Sevi ile ilgili geleneksel bakış açısına karşı tarihi perspektiften yaklaşmaktadır.

It is important to define and practice ethical rules and codes for professionalisation. Several national and international associations have determined midwifery ethical codes. In Turkey, ethical rules and codes that would facilitate midwifery becoming professionalised have not yet been determined. This study was planned to contribute to the professionalisation of midwifery by determining national ethical values and codes. A total of 1067 Turkish midwives completed the survey. The most prevalent values of Turkish midwives were care for mother–child health, responsibility and (...) professional adequacy. The preferred professional codes chosen by Turkish midwives were absence of conflicts of interest, respect for privacy, avoidance of deception, reporting of faulty practices, consideration of mothers and newborns as separate beings and prevention of harm. In conclusion, cultural values, beliefs and expectations of society cannot be underestimated, although the international professional values and codes of ethics contribute significantly to professionalisation of the midwifery profession. (shrink)

On the one hand, al-Khansā, who made a name for himself in the Jahiliyyah and Islamic period with his laments, on the other hand Antigone, who appears in the famous tragedy of Sophocles; The life stories of these two women and the tragic events that shaped their characters have interesting similarities as well as worth examining. Both have tragically lost their siblings and have become the epitome of sadness and tragedy due to the hardships they have endured. While al-Khansā was (...) mentioned as one of the greatest female Arab poets in her own time and later periods; Antigone, on the other hand, drew a strong female figure with her firm stance, determination and the king's discourses against the king of Thebes. Antigone is a tragic hero, and Khansā is a reflection of her in real life. In addition to this coincidental resemblance in their stories, their effects on the people after them also made them worth examining. Antigone has gained a place in world literature as a symbol with her strong character and has inspired some movements, especially feminism. al-Khansā, on the other hand, has an important place in Arabic literature with her female poet identity and laments. Such a study was deemed necessary in order to fully determine the contributions of these two women, who have made history, in the world literature, social and cultural fields. The life stories of these two women, which constitute the main subject of our article, were discussed in general terms, their similar and different aspects were pointed out under separate titles, and finally, the study was concluded by comparing the two characters. (shrink)

Business Ethics: A European Review, EarlyView.