The American Journal of Bioethics, Volume 12, Issue 7, Page 21-23, July 2012.

This investigation explores how contemporary motherhood is constituted in postindustrial consumer culture through a content and textual analysis of Shape Fit Pregnancy. Using all available issues of the magazine from its inception in 1997 to 2003, the authors first underscore a key tension surrounding pregnant women’s bodies within health and fitness discourse: That the pregnant form is presented as maternally successful yet aesthetically problematic. Second, the authors reveal how contemporary mothers are defined as newly responsible for a second shift of (...) household labor and child care and a new third shift of bodily labor and fitness practices. The analysis examines the way in which the second and third shift are constituted as mutually dependent and reinforcing. Last, the discussion analyzes how this particular fitness text draws on empowerment discourse derived from feminist gains of access to the public sphere while paradoxically inscribing women to the privatized realm of bodily practices, domesticity, and family values. (shrink)

Emerging out of increased attention to gender equality within violence and HIV prevention efforts in South African society has been an intensified focus on masculinities. Garnering a deeper understanding of how men respond to shifting gender relations and rights on the ground is of urgent importance, particularly since social constructions of gender are implicated in the HIV/aids epidemic. As social scientists collaborating on a rights-based HIV and antiviolence program, we sought to understand masculinities, rights, and gender norms across six high (...) HIV/aids seroprevalence provinces in South Africa. Drawing on focus group research, we explore the ways that men who are engaged in HIV and antiviolence programming can often be simultaneously resistant to and embracing of changes in masculinities, women’s rights, and gender relations. We use our findings on men’s responses to changing gender relations to make suggestions for how to better engage men in HIV and antiviolence programs. (shrink)

The tendency for individuals to interpret ambiguous information in a threatening way is theorised to maintain anxiety disorders. Recent findings suggest that positive and negative interpretation bi...

This study examines the communication strategies employed by MeritCare's public relations staff during the fen-phen case. The ethic of significant choice was the primary lens for the study. The study revealed that MeritCare's public relations staff members believed they did, in fact, follow the ethic of significant choice. Specifically, they perceived that the biases held by staff helped maintain the public's safety as the primary issue during the fen-phen events. They also believed that their communication strategies allowed them to avoid (...) ambiguity and emotionalized language. Finally, the staff members felt that teaming with Mayo Clinic in Rochester, Minnesota enabled them to influence the marketplace of ideas by capitalizing on the credible standing of Mayo Clinic. (shrink)

Iqbal, Muhammad, Sir,1877-1938 ; Islamic philosophy; criticism.

Early life stress precedes alterations to neuro-immune activation, which may mediate an increased risk for stress-related psychiatric disorders, potentially through alterations of central kynurenine pathway metabolites, the latter being relatively unexplored. We hypothesized that ELS in a non-human primate model would lead to a reduction of neuroprotective and increases of neurotoxic KP metabolites. Twelve adult female bonnet macaques reared under conditions of maternal variable foraging demand were compared to 27 age- and weight-matched non-VFD-exposed female controls. Baseline behavioral observations of social (...) affiliation were taken over a 12-week period followed by the first cerebrospinal fluid sample. Subjects were then either exposed to a 12-week repeated separation paradigm or assigned to a “no-RSP” condition followed by a second CSF. We used high-performance liquid chromatography for kynurenine, tryptophan, 5-hydroxyindoleacetic acid, kynurenic acid, and anthranilic acid as a proxy for quinolinic acid determination. At baseline, social affiliation scores were reduced in VFD-reared versus control subjects. CSF log KYNA and log KYNA/KYN ratio were lower in VFD-reared versus control subjects. CSF log KYNA/KYN was positively correlated with CSF log ANTH in VFD only. Controlling for log KYNA/KYN, log ANTH was elevated in VFD-reared subjects versus controls. CSF log KYNA/KYN obtained post-RSP was positively correlated with mean social affiliation scores during RSP, specifically in VFD. ELS is associated with a reduced neuroprotective and increased neurotoxic pathway products. That the two contrasting processes are paradoxically correlated following ELS suggests a cross-talk between two opposing KP enzymatic systems. (shrink)

There is a growing literature demonstrating a link between lower socioeconomic status (SES) and poorer neuroanatomical health, such as smaller total and regional gray and white matter volumes, as well as greater white matter lesion volumes. Little is known, however, about the relation between SES and white matter integrity. Here we examined the relation between SES and white matter integrity of the brain’s primary cortical regions, and evaluated potential moderating influences of age and self-identified race. Participants were 192 neurologically intact, (...) community-dwelling African American and White adults (mean age = 52 years; 44% male, 60% White, low SES = 52%) from the Healthy Aging in Neighborhoods of Diversity across the Life Span (HANDLS) SCAN study. Participants underwent 3.0-T cranial magnetic resonance imaging. Diffusion tensor imaging was used to estimate regional fractional anisotropy (FA) to quantify the brain’s white matter integrity and trace to capture diffusivity. Multiple regression analyses examined independent and interactive associations of SES, age, and race with FA of the frontal, temporal, parietal, and occipital lobes bilaterally. Sensitivity analyses assessed the influence of several biopsychosocial risk factors on these associations. Exploratory analyses examined these relations with trace and using additional SES indicators. Results indicated there were no significant interactions of SES, age, and race for any region. Individuals with low SES had lower FA in all regions, and higher trace in the right and left frontal, right and left temporal, and left occipital lobes. Findings remained largely unchanged after inclusion of sensitivity variables. Older age was associated with lower FA and greater trace for all regions, except for the right temporal lobe with FA. No main effects were found for race in FA, and Whites had higher trace values in the parietal lobes. Novel findings of this study indicate that relative to the high SES group, low SES was associated with poorer white matter integrity and greater diffusivity. These results may, in part, reflect exposures to various biopsychosocial risk factors experienced by those of lower SES across the lifespan, and may help explain the preponderance of cognitive and functional disparities between socioeconomic groups. (shrink)

The philosophy of metaReality and, in particular, ideas of transcendence can ‘underlabour’ for the re-enchantment of Islamic praxis, ethics and law by helping to uncover in a systematic, non-arbitrary way the spiritual objectives inherent in the basic beliefs, practices and obligations of Islam. The commonly accepted elements of the Islamic legal pathway, such as the obligation of marriage, far from being inhibiting, can help humans access the dialectical pulse of freedom and the emancipatory meaning inherent tendentially in human relationships. Thus, (...) the Islamic Shari'a, underlaboured by the philosophy of metaReality, rather than a symbol of legal backwardness and inflexibility, can be conducive once again to greater personal ontological wholeness and collective human flourishing. (shrink)

Yūsuf al-Ardabīlī is one of the Shāfiʿī jurists who lived in Azerbaijan in the 8th century of Hijri. This scholar, whose birth date we couldn’t find any information about, even though it has been searched in both local and foreign literature, died in Ardabīl in the year 799/1397 as bibliographical scholars agreed on. Ardabīlī is a person known by his work al-Anwār li-aʿmāl al-abrār, which he dedicated to Shāfiʿī jurisprudence, and someone with jurisprudential knowledge whom Shāfiʿī jurists benefit from. In (...) his work on jurisprudence (furūʿ al-fiqh), al-Anwār, he discussed the issues without delving deeply into evidences and partially mentioned uṣūl al-fiqh. Yūsuf al-Ardabīlī addressed the topics in his work by classifying them as acts of worship (ʿibādāt), transactions (muʿāmalāt), inheritance (farāʾiḍ), marriage and divorce (munākaḥāt-mufāraqāt), punishments (ʿuqūbāt), the conduct of judges (adab al-qāḍī), and freeing slaves (ʿitq). Moreover, in his work, he provides explanations that shed light on recent studies by addressing the subject of fatwā in detail. By addressing the fatwā institutions, Ardabīlī includes information on topics like the etiquette of istiftāʾ, fatwā with sharīʿah tricks (ḥiyal sharʿiyyah), and exceptions in divorce (ṭalāq). Because no academic studies have been done on his explanations in this field, the subject requires further attention. Additionally, presenting his explanations on the fatwā institution to the scholarly community is greatly important for shedding light on future studies. Islamic jurists recognize fatwā activities as a duty that requires responsibility in terms of religion and worldly life. Therefore, they do not favor the participation of those who lack knowledge and the capability of deducing religious rulings from sharīʿah evidences in fatwā activities.This study aims to contribute to the Islamic jurisprudence literature by addressing the principles of fatwā procedure through Ardabīlī’s perspective in his work, al-Anwār. (shrink)

Critical and comparative analysis on the philosophical thoughts of ʻAlī Sharīʻatī and Sir Muhammad Iqbal, 19th and 20th centuries Muslim philosophers.

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

Partial/particular will (al-irādah al-juz’iyyah) and the creation of human acts are two issues related to the predestination belief. Nowadays, it is unarguably accepted that humans have volition. However, the controversy over the formation steps of human will and act does not seem to be settled. Māturīdīs’ approach, taken with the intent to allow some space for freedom for humans in their actions and based on the partial will and postulation that there is a part in human actions that are not (...) created nor subject to creation, could not be understood at times. When it comes to misunderstandings of this kind, Sadr al-Sharī‘a and Ibn al-Humām, who are among the Hanafī-Māturīdī kalam scholars, are mentioned. Both mutakallims are some of the eminent figures who left their marks on the Hanafī-Māturīdī school. They affected a significant number of scholars coming after them by the authentic ideas they presented. However, even though neither Sadr al-Sharī‘a nor Ibn al-Humām did regard humans as creators of their own actions, they are confronted with an accusation as if they vitiated the fact that God is the Absolute Creator. Therefore, it is of grave importance to reveal Sadr al-Sharī‘a’s ideas, which are represented in his “Four Premises” concerning the formation of an act and Ibn Humām’s thoughts put forward in his “Ījādu al-‘Azm al-Musammamah” and “Takhsīsu Irādah al-Juz’iyyah.”. (shrink)

Arabic translation Sayyid al-Sharīf al-Jurjānī'l letter on logic translated by the recipient, his son, Ibn al-Sharīf al-Jurjānī.

La "question" de l'islam obsède l'Occident. Religion, laïcité, citoyenneté, immigration, intégration, multiculturalisme, extrémisme : sur ces sujets, tout concourt à détériorer son image. Et que dire de ces jeunes qui partent follement en guerre, au jihâd pensent-ils, pour rejoindre des groupes violents qui trahissent les enseignements les plus élémentaires de l'islam? Dans cette confusion sans précédent, il importe de revenir aux principes et aux notions premières, en quête de solutions concrètes. Quelle conception de l'homme trouve-t-on au coeur du message islamique? (...) Comment le comprendre et l'incarner dans le contexte occidental? Qu'en est-il de l'indispensable libération des femmes? De la conception islamique de la paix et de la guerre? Comment lutter contre l'islamophobie? Questions ici posées, avec rigueur et simplicité, à l'usage des femmes et des hommes, musulmans ou non, désireux de se comprendre, de dialoguer et de vivre ensemble dans la justice et la paix. C'est à un retour aux sources qu'invite Tariq Ramadan, par un nécessaire travail de "défrichage terminologique" autour des notions centrales et trop souvent dévoyées de shahâda (témoignage), de sharî â (voie) et de jihâd (effort). Une introduction sereine à l'humanisme de l'islam. (shrink)

This study will examine how Dāvūd al-Qarṣī, an 18th-century Ottoman scholar, resolved the paradox between human freewill and God being the creator of everything in his work Risālâh fi’l-ikhtiyārāt al-juzʾiyyah wa’l-irādāt al-qalbiyyah. In addition, in this study, the critical edition and translation of the risālah will also be provided. The treatise which is the subject of the present study is a link in the series of works written under the title of human acts in the Islamic thought tradition regarding al-irādah (...) al-juzʾiyyah, afʿāl al-ʿibād, khalq al-aʿmāl, qaḍā, and qadar. This risālah is one of the rare examples prepared with the method of “mamzūj annotation (sharḥ)”, which is a method in which “text” and “annotation” are intertwined. Qarṣī examines in detail a total of seven views, four of which are famous (mashhūr) and three of which are non-famous, about voluntary acts. Qarṣī interprets the approaches and views of the non-famous sects and includes them in the famous sects and allocates approximately 4/3 of the work to these sects. In the final stage of the work, the author states that the view of Māturīdīs is parallel with the predecessor’s (Salaf) view of “Neither jabr nor tafwīḍ; rather, it is merely a situation between these two approaches.” Qarṣī, who was inspired by Athīrī Maḥmad Afandī (d. 1092/1681), says that voluntary acts come about by the sum of “two powers (qudrat)”, “two wishes (mashīʾat)” and “one taqwīn”. Also, according to this, the first four of them are proximate causes, while the attribute taqwīn is the influencing factor. Qarṣī acts from the meanings of the term action (fiʿl) and the “theory of state (ḥāl)” in order to prove that human beings are true agents (fāʿil) on the one hand and to protect God’s attribute of creation on the other. In fact, the concept of “state (ḥāl)”, used in understanding divine attributes and some ontological issues, was applied to acts by the Māturīdī mutakallim Ṣadr al-Sharīʿa al-Thānī (d. 747/1346). Thus, a doctrine of action was developed, and this doctrine was accepted and used by the later period Māturīdī mutakallims. With reference to Ṣadr al-Sharīʿa, Qarṣī tries to justify the issue based on the meanings of the the term action and the modes of existence of these meanings. He says that action has two implications; one of them is the “infinitive meaning” (al-maʿnā al-maṣdarī) and the other is “the thing that comes with this infinitive meaning (al-ḥāṣıl bi-maṣdar)”. The infinitive meaning of the act constitutes the “non-thing aspect” of the action, and the meaning of the action that is created with the infinitive indicates “the thing aspect” thereof. Thus, because the aspect of the action that is not existentand therefore not a thing is not subject to creation, the agency and responsibility of human beings are grounded. Similarly, Qarṣī maintains that the mashīʾat, which means will, qaṣd and al-irādah al-juzʾiyyah, was not created because its existence in humans is in the form of succession and it is of a state-like (ḥāl) existenceOn this account. Qarṣī manages to preserve both human freewill and the absolute creativity of God due to the non-existent and non-thing aspect of the act on the one hand, and will (irādah), mashīʾat and qaṣd not being subjected to creation on the other. (shrink)

In the field of ʿUlūm al-Qurʾān, in which the conceptual framework of the science of interpretation is drawn and the main rules used in tafsīr are discussed, independent books have been compiled since early periods. Some of these works stand out as foundational texts because they make important determinations about the nature, function, methodology, and relationship of the science of tafsīr with other Islamic sciences. The masterpiece entitled Fahm al-Qurʾān by al-Khāris al-Muhāsibī, a scholar of sufism, tafsīr, kalām, and hadīth (...) is one of these books. Al-Muḥāsibī was a writer who lived in a period when philological and Sharīʿah sciences gained a systematic structure and schools were born and developed. Muhāsib'i's multifaceted scholarly depth, the requirements of his time, and the characteristics of his work distinguish Fahm al-Qurʾān from other works in the field in terms of its problematic, content, and style. It can be said that Fahm al-Qurʾān consists of two main chapters. In the first chapter, the issues of kalām, meaning, and reason are subjected to a quiddity inquiry. In the second chapter, the linguistic aspect of kalām is emphasized and the content and style of the Qur'ān are discussed under the headings of muhkam- mutashābih, naskh and üslūb al-Qur'ān. In this work, al-Muḥāsibī suggests that before asking How we should understand the Qur'ān?, the reader should ask What exactly is being understood and what is meaning? The first of these questions includes the question Who am I? While the sources of The Sciences of the Qurʾān mostly focus on how to understand the Qurʾān at the epistemological and methodological level, in Fahm al- Qurʾān, the meaning of understanding the Qurʾān is problematized and a theory of reason and meaning that is competent with moral training is built. Thus, the conceptual inquiries of the work extend to the existential philosophy of the author. Despite these privileges, it is surprising that Fahm al-Qurʾān did not gain a prominent place among the main sources of tafsir methodology in later periods. This may be due to the theorization of a theory of meaning in which moral maturation is placed at the center. In this research, while trying to reveal the original value that Muhāsibī added to the field with Fahm al-Qurʾān, the systematic structure of the science of interpretation, its connection with other religious sciences, the relationship between speech adjective and language were made problematic and tried to be resolved in the context of the research hypothesis. In this context, it has been determined that al-Muḥāsibī's Fahm al-Qurʾān draws the conceptual framework of tafsīr methodology in relation to the authentic structure of the sharī'ah sciences at a very early period. The fact that Fahm al-Qurʾān carries important signs regarding the position of tafsīr in the hierarchy of sciences and its relationship with other sharī'ah sciences increases the value of the work in identifying the codes of the traditional paradigm. In the research, in which induction methods were used in text analysis and deduction methods were used in discourse analysis, it was determined that Fahm al-Qurʾān had a fiction that shapes the traditional paradigm and depicts the authentic structure of religious sciences. (shrink)

One of the most important issues that distinguishes the Baghdādī branch of the Muʿtazila from the Baṣran branch is their view on ʿAlī b. Abī Ṭālib (d. 40/661). Basra branch accepts the order of virtue of the first four caliphs as their order of coming to office, while the Baghdad branch considers the first three caliphs legitimate, but considers Ali more virtuous than them. The Baghdādī Muʿtazilīs who outspokenly defended this idea were Abū Jaʿfar al-Iskāfī (d. 240/854), Abū al-Qāsim al-Kaʿbī (...) (d. 319/931) and Ibn Abī al-Ḥadīd (d. 656/1258). Among them, Ibn Abī al-Ḥadīd was renowned as “the greatest scholar of the Muʿtazila” and was considered one of the last representatives of this school. He ardently defended ʿAlī's superiority in his commentary on Nahj al-Balāgha, the famous collection of Ali’s sermons, letters and wisdom sayings. In his defense, he rebutted some criticisms about ʿAlī’s political decisions from his school’s point of view. Many items of Ibn Abī al-Ḥadīd’s rebuttal are worthy of analysis in terms of their content, style and approach. This article aims to present a detailed account of Ibn Abī al-Ḥadīd’s aforementioned refutations. In addition to the descriptive method, the interpretative method was also employed in the article. Although Ibn Abī al-Ḥadīd did not consider Ali's infallibility necessary (wājib), unlike Imamiyya, he accepted it. Therefore, he responded to the criticisms directed at Ali, starting from the point of Ali's innocence. According to Ibn Abī al-Ḥadīd: (a) After the death of the Prophet, ʿAlī insisted on becoming the new leader of the Muslim community. He did not act hastily to assume the caliphate because he was not expecting any opposition to that. However, when the events took a different turn, he did not escalate the situation, rather accepted the status quo. (b) ʿAlī also did the right thing by participating in ʿUmar b. Al-Khaṭṭāb’s (d. 23/644) electoral shūrā. This was an opportunity for him to become the next caliph, and reinstitute a system in accordance with the Qurʿānic principles and sunna of the Prophet. (c) It was also not an error when ʿAlī decided to stay in Medina during the events of ʿUthmān’s murder (d. 35/656). He played an active role in dissuading the rebels from their attempt to kill ʿUthmān, but he was in no position to know that his activity would be used against him later by the Umayyads who accused ʿAlī of being complicit in ʿUthmāns’s murder. (d) ʿAlī took the caliphate after ʿUthmān because of his popularity among the people. In this way, he managed to prevent an unqualified person to occupy the seat of the caliphate. (e) When the Battle of Camel broke out, those who demanded justice and opposed ʿAlī were in error. (f) When ʿAlī became the new caliph, his decision to remove Muʿāwīya (d. 60/680) from the governorship of Syria was correct. This is because Muʿāwīya would have refused to accept ʿAlī’s leadership even had he stayed in office as a governor. ʿAlī understood that the conflict would end only through fighting, so he did not lose time in marching against Muʿāwīya. (g) During the battle he abided by the sharīʿa and allowed the Syrian army to access water. (h) It was not ʿAlī, but those defectors in his army who obliged him to end the fighting through arbitration. (i) When ʿAlī agreed to sign the Ṣiffīn ceasefire agreement and did not use his title amīr al-muʾminīn, he followed the Prophet's example since the latter also refrained from using his title during the Ḥudaybiyya agreement. (j) ʿAlī also cannot be blamed for those among his supporters, such as the poet al-Najāshī, who defected and joined the ranks of Muʿāwīya. The motivations for the defectors were either to attain worldly gains or to escape from punishment for the crimes which they had committed. (k) When Muʿāwīya managed to conquer Egypt, ʿAlī’s governors of the province, Qays b. Saʿd (d. 60/680) or Muḥammad b. Abī Bakr (d. 38/658), did nothing for which they could be blamed. (l) And finally, ʿAlī never had guards to protect him because he was never afraid of being assassinated. Although Ibn Abī al-Ḥadīd took Ali's innocence as a basis while presenting these views, he did not make inconsistent comments in general and did not say things contrary to historical facts. Therefore, it is necessary to acknowledge historical value of his views in question. (shrink)

Dâwûd al-Qarisî (Dâvûd al-Karsî) was a versatile and prolific 18th century Ottoman scholar who studied in İstanbul and Egypt and then taught for long years in various centers of learning like Egypt, Cyprus, Karaman, and İstanbul. He held high esteem for Mehmed Efendi of Birgi (Imâm Birgivî/Birgili, d.1573), out of respect for whom, towards the end of his life, Karsî, like Birgivî, occupied himself with teaching in the town of Birgi, where he died in 1756 and was buried next to (...) Birgivî. Better known for his following works on Arabic language and rhetoric and on the prophetic traditions (hadith): Sharḥu uṣûli’l-ḥadîth li’l-Birgivî; Sharḥu’l-Ḳaṣîdati’n-nûniyya (two commentaries, in Arabic and Turkish); Şarḥu’l-Emsileti’l-mukhtalifa fi’ṣ-ṣarf (two commentaries, in Arabic and Turkish); Sharḥu’l-Binâʾ; Sharḥu’l-ʿAvâmil; and Sharḥu İzhâri’l-asrâr, Karsî has actually composed textbooks in quite different fields. Hence the hundreds of manuscript copies of his works in world libraries. Many of his works were also recurrently printed in the Ottoman period. One of the neglected aspects of Karsî is his identity as a logician. Although he authored ambitious and potent works in the field of logic, this aspect of him has not been subject to modern studies. Even his bibliography has not been established so far (with scattered manuscript copies of his works and incomplete catalogue entries). This article primarily and in a long research based on manuscript copies and bibliographic sources, identifies twelve works on logic that Karsî has authored. We have clarified the works that are frequently mistaken for each other, and, especially, have definitively established his authorship of a voluminous commentary on al-Kâtibî’s al-Shamsiyya, of which commentary a second manuscript copy has been identified and described together with the other copy. Next is handled his most famous work of logic, the Sharhu Îsâghûcî, which constitutes an important and assertive ring in the tradition of commentaries on Îsâghûcî. We describe in detail the nine manuscript copies of this work that have been identified in various libraries. The critical text of Karsî’s Sharhu Îsâghûcî, whose composition was finished on 5 March 1745, has been prepared based on the following four manuscripts: (1) MS Kayseri Raşid Efendi Kütüphanesi, No. 857, ff.1v-3v, dated 1746, that is, only one year after the composition of the work; (2) MS Bursa İnebey Yazma Eser Kütüphanesi, Genel, No.794B, ff.96v-114v, dated 1755; (3) MS Millet Kütüphanesi, Ali Emiri Efendi Arapça, No. 1752, ff.48v-58r, dated 1760; (4) MS Beyazıt Yazma Eser Kütüphanesi, Beyazıt, No. 3129, ff.41v-55v, dated 8 March 1772. While preparing the critical text, we have applied the Center for Islamic Studies (İslam Araştırmaları Merkezi, İSAM)’s method of optional text choice. The critical text is preceded by a content analysis. Karsî is well aware of the preceding tradition of commentary on Îsâghûcî, and has composed his own commentary as a ‘simile’ or alternative to the commentary by Mollâ Fanârî which was famous and current in his own day. Karsî’s statement “the commentary in one day and one night” is a reference to Mollâ Fanârî who had stated that he started writing his commentary in the morning and finished it by the evening. Karsî, who spent long years in the Egyptian scholarly and cultural basin, adopted the religious-sciences-centered ‘instrumentalist’ understanding of logic that was dominant in the Egypt-Maghrib region. Therefore, no matter how famous they were, he criticized those theoretical, long, and detailed works of logic which mingled with philosophy; and defended and favored authoring functional and cogent logic texts that were beneficial, in terms of religious sciences, to the seekers of knowledge and the scholars. Therefore, in a manner not frequently encountered in other texts of its kind, he refers to the writings and views of Muhammad b. Yûsuf al-Sanûsî (d.1490), the great representative of this logical school in the Egyptian-Maghrib region. Where there is divergence between the views of the ‘earlier scholars’ (mutaqaddimûn) like Ibn Sînâ and his followers and the ‘later scholars’ (muta’akhkhirûn), i.e., post-Fakhr al-dîn al-Râzî logicians, Karsî is careful to distance himself from partisanship, preferring sometimes the views of the earliers, other times those of the laters. For instance, on the eight conditions proposed for the realization of contradiction, he finds truth to be with al-Fârâbî, who proposed “unity in the predicative attribution” as the single condition for the realization of contradiction. Similarly, on the subject matter of Logic, he tried to reconcile the mutaqaddimûn’s notion of ‘second intelligibles’ with the muta’akhkhirûn’s notion of ‘apprehensional and declarational knowledge,’ suggesting that not much difference exists between the two, on the grounds that both notions are limited to the aspect of ‘known things that lead to the knowledge of unknown things.’ Karsî asserts that established and commonly used metaphors have, according to the verifying scholars, signification by correspondence (dalâlat al-mutâbaqah), adding also that it should not be ignored that such metaphors may change from society to society and from time to time. Karsî also endorses the earlier scholars’ position concerning the impossibility of quiddity (mâhiyya) being composed of two co-extensive parts, and emphasizes that credit should not be given to later scholars’ position who see it possible. According to the verifying scholars (muhaqqîqûn), it is possible to make definition (hadd) by mentioning only difference (fasl), in which case it becomes an imperfect definition (hadd nâqis). He is of the opinion that the definition of the proposition (qadiyya) in al-Taftâzânî’s Tahdhîb is clearer and more complete: “a proposition is an expression that bears the possibility of being true or false”. He states that in the division of proposition according to quantity what is taken into consideration is the subject (mawdû‘) in categorical propositions, and the temporal aspect of the antecedent (muqaddam) in hypothetical propositions. As for the unquantified, indefinite proposition (qadiyya muhmalah), Karsî assumes that if it is not about the problems of the sciences, then it is virtually/potentially a particular proposition (qadiyya juz’iyyah); but if it is about the problems of the sciences, then it is virtually/potentially a universal proposition (qadiyya kulliyyah). This being the general rule about the ambiguous (muhmal) propositions, he nevertheless contends that, because its subject (mawdû‘) is negated, it is preferable to consider a negative ambiguous (sâliba muhmalah) proposition like “human (insân) is not standing” to be a virtually/potentially universal negative (sâliba kulliyyâh) proposition. He states that a disjunctive hypothetical proposition (shartiyya al-munfasila) that is composed of more than two parts/units is only seemingly so, and that in reality it cannot be composed of more than two units. Syllogism (qiyâs), according to Karsî, is the ultimate purpose (al-maqsad al-aqsâ) and the most valuable subject-matter of the science of Logic. For him, the entire range of topics that are handled before this one are only prolegomena to it. This approach of Karsî clearly reveals how much the ‘demonstration (burhân)-centered’ approach of the founding figures of the Muslim tradition of logic like al-Fârâbî and Ibn Sînâ has changed. al-Abharî, in his Îsâghûjî makes no mention of ‘conversion by contradiction’ (‘aks al-naqîd). Therefore, Karsî, too, in his commentary, does not touch upon the issue. However, in his Îsâghûjî al-jadîd Karsî does handle the conversion by contradiction and its rules. Following the method of Îsâghûjî, in his commentary Karsî shortly touches on the four figures (shakl) of conjuctive syllogism (qiyâs iqtirânî) and their conditions, after which he passes to the first figure (shakl), which is considered ‘the balance of the sciences’ (mi‘yâr al-‘ulûm), explaining the four moods (darb) of it. In his Îsâghûjî al-jadîd, however, Karsî handles all the four figures (shakl) with all their related moods (darb), where he speaks of fife moods (darb) of the fourth figure (shakl). The topic of ‘modal propositions’ (al-muwajjahât) and of ‘modal syllogism’ (al-mukhtalitât), both of which do not take place in the Îsâghûjî, are not mentioned by Karsî as well, either in his commentary on Îsâghûjî or in his Îsâghûjî al-jadîd. Karsî proposes that the certainties (yaqîniyyât), of which demonstration (burhân) is made, have seven, not six, divisions. After mentioning (1) axioms/first principles (awwaliyyât), (2) observata/sensuals (mushâhadât), (3) experta/empiricals (mujarrabât), (4) acumenalia (hadthiyyât), (5) testata (mutawâtirât), and (6) instictives (fitriyyât), that is, all the ‘propositions accompanied by their demonstrations,’ Karsî states that these six divisions, which do not need research and reflection (nazar), are called badîhiyyât (self-evidents), and constitute the foundations (usûl) of certainties (yaqîniyyât). As the seventh division he mentions (7) the nazariyyât (theoreticals), which are known via the badîhiyyât, end up in them, and therefore convey certainty (yaqîn). For Karsî, the nazariyyât/theoreticals, which constitute the seventh division of yaqîniyyât/certainties, are too numerous, and constitute the branches (far‘) of yaqîniyyât. Every time the concept of ‘Mughâlata’ (sophistry) comes forth in the traditional sections on the five arts usually appended to logic works, Karsî often gives examples from what he sees as extreme sûfî sayings, lamenting that these expressions are so widespread and held in esteem. He sometimes criticizes these expressions. However, it is observed that he does not reject tasawwuf in toto, but excludes from his criticism the mystical views and approaches of the truth-abiding (ahl al-haqq), shârî‘â-observant (mutasharri‘) leading sufis who have reached to the highest level of karâmah. (shrink)

The Ottoman State contains many different ethnic elements which constituted a legal perspective. In this regard, the necessary precautions were taken to ensure that Muslims and non-Muslims live together peacefully in Vidin, a border city that was very important for the Western military expeditions of the Ottoman State known as “dār al-jihad wa-l-mujāhidīn” during the 18th century which set a historical example. The economic and social dimensions of the relations between the Muslim and non-Muslim population comprising the society in Vidin (...) who have shared the same city, neighborhood and public space during 1700-1750 were examined in this study and the conflicting subjects with regard to the ongoing relations between these two communities were tried to be determined. A total of 15 shari‘aregistries kept by the qāḍī (Muslim Judge) court for the related period located at the Oriental Department of National Library of Bulgaria constitute the main resources of the study. The shari‘aregistries that are the main resources of urban historical studies are full of countless examples that provide information on the relations between Muslims and non- Muslims in Vidin. The examination of these examples is of significant importance for putting forth the methods with which the nation system is applied by the Ottoman Empire as well as their opinions towards the non-Muslims they rule.SummaryVidin, located today in northwest Bulgaria was founded during the 1stcentury BC to the right of the River Danube by the Romans and named as Bononia. This settlement which was named as V’dinby the Muslims throughout the Middle Ages was transformed into a castle about 800 years after its foundation. The city that continuously changed hands due to its location at the border fell under the Ottoman rule after Battle of Nicopolis dated 1396. Vidin became one of the important border cities of the Ottoman against Serbia, Walachia and Hungary until the beginning of the 16thcentury. This importance of Vidin gradually decreased after the Ottoman Empire conquered Belgrade, Budin and Timişoara. Vidin retrieved its status as a border city against the Hungarians and the Wallachians after the Habsburgs dominated the region following the Great Turkish Wars that took place during 1683-1699, and thus regained its past importance. Even though the pressure influenced Vidin as a result disappeared with the 1739 Treaty of Belgrade, the conflicts between Austria and the Ottoman Empire did not end completely and continued throughout the 18thcentury. Vidin preserved its status as a first-degree border city for the Ottomans during the period of time, as examined in this study, which was also known as “dār al-jihad wa-l-mujāhidīn” starting from the beginning of the new century. Majority of the settled public were comprised of military classes in Vidin due to its geographical location where the Muslims and non-Muslims lived together. While the Muslim population was higher during the period of time following the establishment of the Ottoman rule, the non-Muslim population continued to increase throughout the 17thcentury reaching 23.961 taxpayer non-Muslim men in the 18thcentury. The Ottoman Empire based its ruling in Vidin, where almost the same number of Muslim and non-Muslims lived, on the principles of Islamic Law rules for non-Muslims. Since this legal system takes into consideration religious differences, non-Muslims were not held responsible from the prayers of Muslims and the actions that were not prohibited in their religion did not pose any contradictions with regard to Islamic law. The Ottoman Empire did not apply the Islamic Law on its non-Muslim citizens living in Vidin and allowed them to continue their social and religious lives based on their own religious principles in a special legal stance. Thanks to the system applied, the Muslim and non-Muslim community in Vidin were able to continue their daily lives without serious conflicts.The main purpose of this study is to explain how the Muslim and non-Muslim population related with each other in the city of Vidin during the second half of the 18thcentury and the dynamics with which they continued these relationships. Following this purpose, the cases between Muslims and non-Muslims in court records kept by the Vidin sharia court during 1700-1750 are examined. The relations between Muslims and non-Muslims are subject to two different classifications as economic and social issues, and each topic is supported and explained as sub-titles using different case examples. Majority of the relations between Muslims and non-Muslims in the city are economic according to Vidin court records. In this regard, it seems that there is no religious discrimination between the artisan groups in the city. In addition, many home, land, store and vineyard sales took place between the Muslims and non-Muslims which were resolved in the court mostly for registration purposes. It can also be understood from the court records that there were commercial relations between the Muslims and non-Muslims, that they had partnerships and that they lent money to each other which can be seen as an example of interpersonal support. Various social relationships were also established between the Muslim and non-Muslim population in Vidin during the period examined in this study. Even though non-Muslims had the right to carry out marriages and resolve their issues at their own community courts, it was observed that they frequently applied to the sharia courts for these purposes. They have developed witnessing relationships in such cases with the Muslims. The non-Muslim community did not experience any issues in finding Muslim witnesses for their cases with the Muslims; many Muslims acted as witness against their fellow Muslims without any hesitation. Two cases of injuries and few robbery issues were reflected in the courts of Vidin between the Muslims and non-Muslims during the fifty-year period examined in the study and no incident ending with death took place. Various singular cases took place between the two groups which were resolved at the sharia courts without escalating into severe conflicts. When all court records are taken into consideration, it can be understood that the Muslim judge of Vidin did not make any distinctions between the non-Muslims and Muslims and that he did not compromise from the principle of fairness. Both the Muslims and non-Muslims managed to live comfortably by acting carefully so as to not cross their own lines in both their economic and social relations in Vidin. When the faith-related conflicts that are taking place in our day in many regions of the world despite the level of education and culture are taken into consideration, it is very meaningful that people living in Vidin during the first half of the 18thcentury managed to live in peace. (shrink)

Résumé Le système juridique afghan est formé de pratiques coutumières, de principes de la shari’a, de lois promulguées par l'état, et de normes internationales. Cet arsenal législatif a généralement été étudié en prêtant une attention particulière à la coexistence et/ou à la confrontation entre systèmes de référence différents, mais en négligeant le plus souvent les interrelations créées par la fusion de pratiques, de valeurs et de modèles comportementaux socialement reconnus. Dans cet article, j’essaierai de démontrer que les cours de (...) justice de Kaboul comportent un important rôle coutumier, dont l’objectif principal est celui de légitimer le travail des juges. L’analyse de la situation actuelle, éclairée par une recherche ethnographique menée à Kaboul à partir de 2005, s’appuie sur une rétrospective historique qui tient compte des importantes transformations politico-juridiques survenues au cours des 150 dernières années, marquées par de multiples réformes et par des changements tumultueux de régime. (shrink)

Les recours féminins en justice à Constantine ne sont pas rares à la fin du XVIIIème siècle. Cette contribution se propose de porter attention aux circonstances d'un recours de ce type au terme duquel le cadi prononce l'annulation d'un mariage. L'acte notarié qui en rend compte se prête à plusieurs niveaux d'analyse. On y peut lire une dénonciation des pratiques coutumières en vigueur dans l'espace urbain. On y peut voir également la façon dont des femmes font usage de la justice (...) du cadi en vue de défendre leur libre arbitre. Mais dans le même temps, la propension de celles-ci à faire valoir leur bon droit dans ce cadre, en contribuant à renforcer les attendus de la shari‘a, a pour conséquence de préserver la hiérarchie des catégories juridiques qui la fonde, et partant de perpétuer les rapports d'inégalité en droit entre les femmes et leurs pairs masculins. (shrink)

Ẓuhūr al-amān (The advent of security) is a book on civics published during the reign of Ammanullah Khan (1919-29) as amir of Afghanistan. The book's title pays homage to the name of Ammanullah Khan himself. In its treatment of the duties of the members of Afghan society to the ruler and to each other, Ẓuhūr al-amān appears to highlight the challenges faced by Ammanullah Khan in his efforts to modernize Afghanistan. The book is divided into more than 30 short chapters (...) describing the rights and responsibilities of the ruler, of persons living within a family unit, and of members of Afghan society as a whole. Some sections, such as one on the rights that are to be afforded to the king (ḥuquq-i lazima bar padishah), are further divided into subsections. The book begins with several chapters on religious matters, including those on tauhid (the unity of God), on ʻibada (worship), and on fahm-i sharīʻat-i rasūl ʻalayhi al-salām (the sharia). Ẓuhūr al-amān was published on October 11, 1923, by the then newly established Ministry of Education. The author of the work, a religious scholar by the name of ʻAbd al-Haqq, lists his father as ʻAbd al-ʻAziz from the village of Lower Arghanda in the township of Paghman, near Kabul. He highlights, as well, his tribal affiliation with the well-known Pushtun tribe of Suleimankhel. (shrink)

Qaside-i Khamriyya (meaning Wine Eulogy) of sufi poet Ibn-i Fārıḍ, in which he explained divine love through the metaphor of wine, attracted great attention in Islamic world and was translated into Arabic, Persian and Turkish. Scholars such as Davud-i Qayseri (d. 751 AH/1350 AD), Kemal Pashazāde (d. 940 AH/1534 AD), Abdulghani an-Nablusi (d. 1143 AH/1731 AD), Ibn Acibe (d. 1224 AH/1809 AD) explained this eulogy in Arabic, while poets such as Ali b. Shihābiddin al-Hamadāni (d. 786 AH/1385 AD), Molla Cāmi (...) (d. 898 AH/1492 AD), Idris-i Bitlisi (d. 926 AH/1520 AD) wrote commentaries in Persian. On the other hand, authors such as Abdussalam b. Numan b. Khalil (d. 1000 AH/1592 AD [?]), Ismail Anqaravi (d. 1041 AH/1631 AD), Abdulmacid-i Sivasi (d. 1049 AH/1639 AD), Qara Musṭafa Khulūsi (d. 1344 AH/1926 AD), Meḥmed Naẓım (d. 1345 AH/1926 AD) and Ṭahir al-Mavlavi (d. 1371 AH/1951 AD) translated the eulogy into Turkish. One of the authors who translators of this eulogy was Mehmed Said Efendi, sheikh of Uskudar Salimiya Takka, who lived in the 19th century. His work named Ṭarab-angiz (meaning Pleasure-provoking) is a condensed commentary with ornate prose of Qaside-i Khamriyya. In previous studies, Ṭarab-angiz was partly examined, and there was no mention about the identity and personality of the author. In the present research, the life and personality of Meḥmed Said Efendi is explained and the text of his work is examined.Summary: In Turkish literature which developed under the influence of Islam, translations and commentaries have important a place along with original texts. Coming within the sphere of Islam in early 10th century, Turks embarked on translating the texts immediately in order to learn their new religion and to perform its practices and continued to do so since then. Because they lived in the same culture and civilization climate, Turks learned Islam from Persians and were influenced by Persian language. However, adherents of this new religion also made direct translations from Arabic texts. The translations initially were made from religious works, but in time social, cultural and literary works, such as Persian classics and major eulogies of Arabic Literature, were also translated into Turkish by Turkish scholars. Qaside-i Burde by Ka‘b b. Zuheyr’in (d. 24 AH/645 AD), Qaside-i Nūniyye by Ebu’l-Fetḥ Busti’nin (d. 400 AH/1010 AD), Qaside-i Ṭanṭarāniyye by Ṭanṭarāni’nin (d. 485 AH/1092 AD), Qaside-i Münferice by Ibnu’n-Naḥvi’nin (d. 513 AH/1119 AD), Qaside-i Emāli by Ali b. Othman al-Ushi’nin (d. 575 AH/1179 AD) and famous eulogy named Qaside-i Bur’e by Muḥammed b. Said al-Buṣiri’nin (d. 695 AH/1296 AD) were among such works.Qaside-i Khamriyya by sufi poet Ibn-i Fārıḍ (d. 632 AH/1235 AD), also called sultan of minstrels, in which he explained divine love through wine attracted great attention in Islamic world and was translated into many languages and many commentaries were written on it. One of the commentary writers about this eulogy is Meḥmed Said Efendi, a 19th century sufi. His work entitled Ṭarab-angiz is a condensed commentary with ornate prose of Qaside-i Khamriyya.Studies conducted so far has partly dealt with the Ṭarab-angiz and identity and personality of Meḥmed Said Efendi have never been mentioned. Ṣarac mentioned, “It is a printed work but its writer, printing date, and the place was not found on the printed work”, while Yıldırım used the expression of “a work whose writer and production date is not known.” In his Ph. D. thesis entitled Translation and Commentary Tradition in Classical Turkish Literature in Anatolia, Ṣadık Yazar noted that the work belongs to Meḥmed Said, which was later cited by Aqdag. The final statement on this issue was made by İnce in his work entitled Arabic, Persian and Turkish commentaries of Qaside-i Khamriyya by Ibnu’l Fārıḍ. He examined a total of 18 commentaries and stated that no information is available about the life of Meḥmed Said although he mentioned Ṭarab-angiz.The birth date and place of Meḥmed Said Efendi are unknown. He is grandchild of Ali Behjet Efendi (d. 1238 AH/1823 AD), one of sheiks in Salimiya Dervish Lodge in Uskudar and son of Meḥmed Hidāyetullah Efendi (d. 1288 AH/1871 AD). Following the death of his father, Meḥmed Said Efendi himself served as the head dervish of this dervish lodge for 25 years and became a famous figure. He died in 1313 AH/1896 AD and was buried in the cemetery of the Salimiya Dervish Lodge.Meḥmed Said Efendi was the sixth sheikh of Salimiya Dervish Lodge. In many sources, he was mentioned as a venerable, righteous, devoutly religious, virtuous, polite and scholarly man. Meḥmed Said Efendi is thought to be a member of Mavlavi lodge of Naqshbandi Ṭariqa. He had successors such as Naqshi sheikh Uskudari Balabani Ḥasan Ḥusnu Efendi (d. 1347 AH/1928 AD) and Ismail Efendi (d. after 1307 AH/1890 AD). The poet had a commentary named Ṭarab-angiz in prose form and had a quatrain within the praising eulogy of Sheikh Ḥāmil Efendi (d. 1322 AH/1904 AD), head sheikh of Beylerbeyi Bedevi Dervish Lodge.It is clear from the expression, “A work by Meḥmed Said, the Imam of Central Dervish Lodge of Sultan Salim III,” at the beginning of Edition no: 450 in Suleymaniye Library, Pertev Pasha Collection and from the record of “Work: Ṭarab-angiz, Author: Ibnu’l-Fārıḍ, Translator and postscript writer: Meḥmed Said” in Edition no: 7350 of Marmara University Faculty of Theology Library that this work belongs to Sheikh Meḥmed Said Efendi. However, exact production date of this printed work is not known. The work consisted of 28 pages and in some editions a two-page correct-false chart was added.As usual, the work starts with an introduction section with expressions of “By the name of God, the Most Gracious, the Most Merciful,” “Praise be to God,” and “Peace be upon Prophet Moḥammad.” This section also includes a praise for followers of Prophet Moḥammad, “Who made sphere of prophecy an eternal rose garden through the holy light of their enjoyed manners in addition to making the Shari’a candle shined and and converting them to great flowers of service with their strong inspiration torchs.” The commentator then embarked on praising Qaside-i Khamriyya, mentioning that the men of ability became helpless in explaination of beauty, charm and freshness of unique expression richness and refined allegory blossoms of the eulogy and that reaching the shore of rhetoric could be possible through diving into the guided wisdom of sea. In fact, according to commentator, the men of literature should be aware of the difficulty of translating this unique eulogy into Turkish language. However, everyone should dive into the sea of insight as a knowledge diver, collect its share in pearls of utterance and in emeralds of wits, arrange and put them in the string of prose”. Therefore, he wrote the commentary about the eulogy as a service to humanity and as a contribution to his own stock of comfort in the present and afterlife as much as he could, no matter how little it could be, and named it Ṭarab-angiz. Like most commentators of Qaside-i Khamriyya, Meḥmed Said Efendi commented on only about 33 couplets of the eulogy which contained a total of 41 couplets, and did not cover couplets from 23 to 30 in his work. The commentator used couplet-by- couplet translation method and started with praising for Ibn-i Fārıḍ and his couplets. Then, he gives the Arabic originals of the couplets and starts commentary with the expressions such as “couplets of great intuition, imagery couplets, product of couplet, enlightenment of couplet and concept of couplet.” In preface section of the work, the commentator, who usually quoted hadith texts in Arabic and poems, does not use them in his commentary. He only uses some lines of Arabic prayers and a quatrain of Molla Cāmi (d. 898 AH/1492 AD). This is a quatrain rubāi in Persian language meaning that “If you want no sorrow and no grief of the destiny, drink wine in a pub, because swirling of the goblet and worries of the world do not share the same place just as the tune and the sorrow do not coincide.” The lack of touching on the meaning of words, etymological structure and grammar rules in couplets makes it different from others, except the translation of Aḥmed Ṣāfi Bey. (shrink)