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)

Abstract The purpose of this paper is twofold: (i) we will argue that formal semantics might have faltered due to its failure in distinguishing between two fundamentally very different types of concepts, namely ontological concepts, that should be types in a strongly-typed ontology, and logical concepts, that are predicates corresponding to properties of, and relations between, objects of various ontological types; and (ii) we show that accounting for these differences amounts to a new formal semantics; one that integrates lexical and (...) compositional semantics in one coherent framework and one where formal semantics is embedded with a strongly typed ontology; an ontology that reflects our commonsense knowledge of the world and the way we talk about it in ordinary language. We will show how in such a framework a number of challenges in the semantics of natural language are adequately and systematically treated. (shrink)

The purpose of this paper is twofold: (i) we argue that the structure of commonsense knowledge must be discovered, rather than invented; and (ii) we argue that natural language, which is the best known theory of our (shared) commonsense knowledge, should itself be used as a guide to discovering the structure of commonsense knowledge. In addition to suggesting a systematic method to the discovery of the structure of commonsense knowledge, the method we propose seems to also provide an explanation for (...) a number of phenomena in natural language, such as metaphor, intensionality, and the semantics of nominal compounds. Admittedly, our ultimate goal is quite ambitious, and it is no less than the systematic ‘discovery’ of a well-typed ontology of commonsense knowledge, and the subsequent formulation of the longawaited goal of a meaning algebra. (shrink)

According to foundationalism, some beliefs are justified but do not depend for their justification on any other beliefs. According to access internalism, a subject is justified in believing some proposition only if that subject is aware of or has access to some reason to think that the proposition is true or probable. In this paper I discusses a fundamental challenge to internalist foundationalism often referred to as the Sellarsian dilemma. I consider three attempts to respond to the dilemma – phenomenal (...) conservatism, BonJour’s classical foundationalism, and Fumerton’s classical foundationalism. I argue that, of these three, only the last seems to avoid getting impaled on one or the other horn of the dilemma. I end by responding to some concerns with Fumerton’s account. (shrink)

From the start of the Arab revolutions in late 2010, a connection between the law, state, political economy, gender norms and orientalist ideology has formed the foundation of women's systematic exclusion from politics. By unmasking processes in Egypt that have created the ideological and material conditions of externalising women's revolutionary acts, estranging their political involvement, and exposing them to various forms of violence, this article offers a gendered political reading of the concept of alienation. The article suggests that gender-normative ideology's (...) characterisation of women's images, roles and acts during and after revolutions, corresponds to the most profound form of alienation. The article identifies the externalisation and subjugation of women, and objectification of their revolutionary acts as modes of alienation. Moreover, it proposes that the implementing of these modes of alienation are necessary for creating conditions that allow for the reconfiguration of power dynamics that restore the authoritarian power of the state. This discussion suggests that the sphere of politics not only relates to political activism and conflict between revolutions and counterrevolutions, but that it is also a battlefield for the (re)production of gender-normative knowledge. (shrink)

The continuous development of information communication technology facilitates the conventional grid in transforming into an automated modern system. Internet-of-Things solutions are used along with the evolving services of end-users to the electricity service provider for smart grid applications. In terms of various devices and machine integration, adequate authentication is the key to an accurate source and destination in advanced metering infrastructure (AMI). Various protocols are deployed to lead the identification between two parties, which require high computation time and communicational bit (...) operations for system development. Therefore, Kerberos-based authentication protocols were designed in this study with the assistance of elliptic curve cryptography to manage the mutual authentication between two parties and reduce the time and bit operations. The protocols were evaluated in a widely adopted tool, AVISPA, which builds an understanding of the proposed protocol and ensures mutual authentication without unauthorized knowledge. In addition, upon comparing security and performance assessments to the current schemes, it was found that the protocol in this study required less time and bits to transmit information. Consequently, it effectively provides multiple security features making it suitable for resource constraint smart meters in AMI. (shrink)

The paper analyses the behaviour of French corporate executives towards the adoption of Internet voting at shareholders’ general meetings. The research extends the studies of legitimation strategies and institutional theory to a new topic and a new instrument of corporate governance. Taking a qualitative approach, the paper examines the particular case of a technology that is adopted by a company for the benefit of its shareholders. It contributes theoretically by showing how executives respond to institutional pressures when responding could affect (...) their own interests. The findings illustrate the nature and extent of six legitimation strategies used by executives when confronted by Internet shareholder voting. Interestingly, the results highlight the prevalence of manipulation and coalition-building strategies. A typology of adoption behaviours is also proposed. Interestingly, the results show how executives worry about the risk that Internet voting may lead to a loss of control. Overall, the paper argues that the relationship between shareholders and executives with regard to corporate governance is partially reversed by the adoption of Internet voting. Some theoretical and managerial implications of the paper for the literature on corporate governance and business ethics are discussed. (shrink)

I defend external world realism. I assume that the principle of inference to the best explanation is justified: roughly, a hypothesis that provides a better explanation of the total evidence is more probable than one that does not. I argue that the existence of a world of spatial objects provides a systematic explanation of the spatial contents of visual experience, and that it provides a better explanation than traditional skeptical hypotheses. This paper thus pursues the explanationist strategy of Laurence BonJour (...) and Jonathan Vogel. It is an improved, more compelling defense, for at least two reasons. First, the attention to spatial properties, and in particular to what I call perspectival projections, makes the explanatory power of the realist hypothesis much more vivid and concrete. Second, the argument preserves and elucidates much that seems correct in the explanationist arguments others have offered while avoiding significant problems and shortcomings. (shrink)

The concept of reincarnation is believed to be the rebirth of humans in the world as a form of part of their life journey in accordance with their actions during life with various forms of reincarnation—including being able to be reborn as humans or animals. This article aims to discuss Mullā Ṣadrā’s eschatological thoughts, especially his criticism of the concept of reincarnation which has been believed by Hindus and Buddhists. Reincarnation is a topic of discussion for philosophers including Islamic philosophers (...) in discussing the spirit, soul, body, death, and resurrection. Ṣadrā’s rejection of the concept of reincarnation is found in one of his main works entitled al-Asfār al-Arba‘ah. By using analytical and descriptive methods, it was concluded that Mullā Ṣadrā rejected the concept of reincarnation with his five philosophical arguments, including the natural unity argument, the material and form needs argument, Kawn and Fasād’s argument, the vacuum argument, and the argument with five premises. These philosophical arguments are based on Ṣadrā’s main philosophical principle, namely the substantial movement of the soul. Even though he rejects the concept of reincarnation, Ṣadrā still believes in the resurrection of the soul and body after death, which will continue the journey towards the highest perfection in the afterlife. (shrink)

This article investigates the efficacy of a form of electoral innovation unique to the island-state of Singapore, the Nominated Member of Parliament scheme, and its impact on democratic governance, in light of the changing political landscape. A comparative perspective will be employed and broader conclusions on electoral engineering will be reached, especially for democratizing countries. Contrary to conventional scholarly wisdom, I argue that the NMP scheme can actually boost democratic representation in the country, considering the changing political landscape in the (...) state previously dominated by a hegemonic party. This is via two ways: firstly, NMPs could better represent the voices of the people at the margins of society and, secondly, they could be better positioned to raise issues that are deemed too to be raised by opposition parties. NMPs can enhance democratic governance by promoting deliberation, accountability, and representation. (shrink)

Islamic banking is based on moral foundations that make it distinct from conventional banking. Some argue that because of its foundation in Islam, Islamic banking may represent a more morally appealing alternative. Yet, evidence shows that this is not the case. Indeed, the current practice of Islamic banking has not been able to achieve its goals which are based on Islam's moral values: to enhance justice, equitability, and social well-being. This essay examines the extent to which Islamic banking is ethical (...) and concludes that the practice of the industry does not seem to be de facto ethical from the Islamic perspective of ethical values. It only consists in trading the same instruments of conventional banks without genuinely enforcing Islam's ethical vision. The practice of Islamic banking misrepresents Islam and does not contribute to solving social problems. The interaction between maqasid al-shari᾽a and qiyās provides a supplementary tool for interpreting the failure of the prior in terms of the practical misuse of the latter by Islamic banks. This essay provides an interpretive approach to the current debate about why Islamic banking has failed and suggests ways to move cautiously in the future. (shrink)

This article seeks to determine whether PT Freeport Indonesia, an operating subsidiary of Freeport-McMoRan Copper and Gold Inc., has acted in environmentally and socially responsible ways in the context of its operations in Papua, Indonesia, and how well it has responded to the legacy left by its less responsible operations from 1973 until the mid-1990s. This objective is achieved by examining the company's impact on the resources and assets with which it comes into contact as part of its operations, as (...) well as through a historical review of the province of Papua and its incorporation into Indonesia, Freeport's entry into Papua, and the company's engagement with international and Indonesian politics. (shrink)

_Autonome Praxis und intelligible Welt_ provides a reconstruction of Kant’s theory of freedom including the concept of transcendental-practical freedom as a specific type of action based on principles and reasons.

Over two decades ago a "quite revolution" overwhelmingly replaced knowledgebased approaches in natural language processing (NLP) by quantitative (e.g., statistical, corpus-based, machine learning) methods. Although it is our firm belief that purely quantitative approaches cannot be the only paradigm for NLP, dissatisfaction with purely engineering approaches to the construction of large knowledge bases for NLP are somewhat justified. In this paper we hope to demonstrate that both trends are partly misguided and that the time has come to enrich logical semantics (...) with an ontological structure that reflects our commonsense view of the world and the way we talk about in ordinary language. In this paper it will be demonstrated that assuming such an ontological structure a number of challenges in the semantics of natural language (e.g., metonymy, intensionality, copredication, nominal compounds, etc.) can be properly and uniformly addressed. (shrink)

This is the first collection dedicated to presenting research directly influenced by the innovative and groundbreaking ideas of the eminent linguist Ruqaiya Hasan. The collection offers an insight into the breadth and depth of Hasan's distinctive linguistic approaches and theoretical concerns. The chapters cover areas such as verbal art, context of situation, semantic networks, cohesive harmony, text structure and literacy education, contributed by well-known scholars in the field such as M.A.K. Halliday, Geoffrey Williams, David Butt, Donna Miller, Wendy L. Bowcher, (...) Tom Bartlett and Margaret Berry. The volume contains an interview with Ruqaiya Hasan by David Butt and Jennifer Yameng Liang, and a section in which the contributors describe their connection and/or history with Ruqaiya Hasan and her work. This book is of particular value to scholars and students working in sociolinguistics, literary criticism, stylistics, functional linguistic theories, literacy pedagogy, social semiotics, multimodality and applied linguistics. (shrink)

The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state-mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external freedom. (...) Yet Kant endows the freedom-based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom-threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto-School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice-making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment. (shrink)

Parity games are combinatorial representations of closed Boolean μ-terms. By adding to them draw positions, they have been organized by Arnold and Santocanale [3] and [27] into a μ-calculus whose standard interpretation is over the class of all complete lattices. As done by Berwanger et al. [8] and [9] for the propositional modal μ-calculus, it is possible to classify parity games into levels of a hierarchy according to the number of fixed-point variables. We ask whether this hierarchy collapses w.r.t. the (...) standard interpretation. We answer this question negatively by providing, for each n≥1, a parity game Gn with these properties: it unravels to a μ-term built up with n fixed-point variables, it is not semantically equivalent to any game with strictly less than n−2 fixed-point variables. (shrink)

Unifying the Universe: The Physics of Heaven and Earth provides a solid background in basic physics. With a humanistic perspective, it shows how science is significant for more than its technological consequences. The book includes clear and well-planned links to the arts and philosophies of relevant historical periods to bring science and the humanities together.

One of the critical crises observed in human society, especially in the so-called advanced and industrial societies, is the spiritual crisis. Spirituality in various types of cultural and religious concepts is considered a spiritual path one in which can achieve something like a high level of consciousness, wisdom or union with God. In addition, self-esteem is a sense of worth. This feeling comes from the sum of our thoughts, feelings, emotions and experiences throughout life. Dignity also means honour and pride, (...) which has been mentioned many times in the Qur'an. In contrast to dignity, there is humiliation, which means lack of dignity in which one simply accepts defeat. Religious teachings, especially Islamic teachings, do not summarise dignity as wealth, luxury and the enjoyment of material possibilities, but interprets dignity as spirituality, and liberation from the shackles of worldliness, which give Muslims a moral identity. The main purpose of this study is to investigate the mediating role of moral identity between spiritual intelligence and self-esteem of Muslims. The statistical population includes 834 Muslim employees working in 20 branches of one Iranian university. Necessary data were collected by standard questionnaires. Pearson's correlation coefficient and regression analysis in SPSS software (Statistical Package for the Social Sciences) were used to analyse the data. According to the results of the analysis, there is a positive relationship between spiritual intelligence and self-esteem of Muslims. There is also a positive relationship between moral identity and self-esteem. Furthermore, moral identity plays a mediating role in the relationship between spiritual intelligence and self-esteem, and it strengthens this relationship. CONTRIBUTION: The present study proves the mediating role of ethical identity on the relationship between spiritual intelligence and self-esteem in an Islamic society. (shrink)

Desde hace unos años el interés por el entorno urbano de las ciudades andalusíes se ha intensificado y del mismo modo se ha avanzado considerablemente en el estudio de las almunias, un modelo de explotación agrícola vinculado a las élites y al poder que funcionaba igualmente como lugar de esparcimiento. Desde que Joaquina Eguaras realizase la edición y traducción del tratado de agricultura de Ibn Luyūn en la década de 1970, su traducción del último capítulo sobre la organización de una (...) almunia ha sido reproducida de manera considerable e incluso se ha empleado para interpretar la información aportada por las fuentes documentales y los restos arqueológicos. En primer lugar, este artículo trata de ofrecer una nueva traducción en la que se han intentado solventar algunas de las confusiones arrastradas desde la traducción de Eguaras, así como también plantear una nueva versión mucho más comprensible. Se ha empleado para ello el mismo manuscrito que ella utilizó y que se encuentra depositado en el archivo-biblioteca de la Escuela de Estudios Árabes del CSIC en Granada. Además, se han incluido las siete notas marginales que acompañan al capítulo y que nunca habían sido sacadas a la luz. En segundo lugar, se ha tratado de analizar exhaustivamente cada uno de los datos que aportan los 29 versos y las siete notas, tratando de ponerlos en relación con el conocimiento que hoy en día se tiene de estas fincas, así como de las prácticas agrícolas andalusíes. Finalmente ofrecemos una hipotética reconstrucción gráfica en la que se plasman las ideas que Ibn Luyūn quiso transmitir. (shrink)

Israel is a country of many cultures and languages and of several religions. The majority of the population adheres to the Jewish religion. The Moslem and the Christian religions come next in size, in that order. Similarly to many other countries in the region, religion fills a more central role in the public sphere of Israel than in most Western countries. It also influences the private sphere immensely, as for example in the matter of marriages and funerals which in most (...) cases are conducted by state employees who have been appointed by the religious establishments of each of the official religions. We are thus discussing religion in a context where it matters highly. Power, welfare and the very right to reside in the country are connected with religion. Symbols of statehood and collective identity are lent from religious texts, objects and rituals. The symbol of the state, the seven-armed golden candelabra, suggests the memory of the temples of Solomon and Herod where a similar one was standing. (shrink)

Farabi defines “Ilm al-Hiyal” in Ihsa al-Ulum as “knowing a way by which, human can adjust all of the concepts that have been proved in mathematics with verification to exotic objects, and helps their states in exotic objects to be carried”. He believes this will be recognized and be attained by craft. This was the common view in Islamic wisdom and philosophy in third and fourth Hijra centuries. Researchers believe that the unique emphasis on parallelism between theoretical science and practical (...) work is an important feature of Baghdad school and affected Islamic visual culture. Baghdad school had been affected by translation. In this way, Ikhwan-al-Safa, whom wrote the first encyclopedia of science in Islamic culture, had a very efficient role. They devised geometry into intellectual and sensual ones in the second part of their book, al-Rasa-el, and considered intellectual geometry as one of the middle philosophy and recognition and understanding factor for meaning of sensual geometry evidences. They insisted on basic situation of intellectual geometry in guidance of whom, want to learn intellectual things from sensual ones. They knew intellectual geometry as the factor for requiring skill in scientific crafts, and sensual geometry as the factor of practical crafts, and made a vast relation between them. They also defined end of intellectual geometry understanding the base of all sciences and the main factor of wise, essence of self. Important feature of Ikhwan-al-Safa’s wisdom is omitting the gap between theory and practice, making a vast relation between them, which affected the meaning of crafts in Islamic culture, and rendered a spiritual feature to crafts and arts. It seems this relation has created the concept of traditional arts, and integrating wisdom and crafts in Iranian-Islamic culture constructed all of the Fotowat-Nam e. This article reviews the concept, which affiliates theory and practice in third and fourth centuries and has a deep effect on recognition of art and craft in Islamic culture. (shrink)

The “problem of memory” in epistemology is concerned with whether and how we could have knowledge, or at least justification, for trusting our apparent memories. I defend an inductive solution—more precisely, an abductive solution—to the problem. A natural worry is that any such solution would be circular, for it would have to depend on memory. I argue that belief in the reliability of memory can be justified from the armchair, without relying on memory. The justification is, roughly, that my having (...) the sort of experience that my apparent memory should lead me to expect is best explained by the hypothesis that my memories are reliable. My solution is inspired by Harrod’s (1942) inductive solution. Coburn (1960) argued that Harrod’s solution contains a fatal flaw. I show that my solution is not vulnerable to Coburn’s objection, and respond to a number of other, recent and likely objections. (shrink)

This paper investigates the effect of female representation on the board of directors on corporate response to stakeholders’ demands for increased public reporting about climate change-related risks. We rely on the Carbon Disclosure Project as a sustainability initiative supported by institutional investors. Greenhouse gas emissions measurement and its disclosure to investors can be thought of as a first step toward addressing climate change issues and reducing the firm’s carbon footprint. Based on a sample of publicly listed Canadian firms over the (...) period 2008–2014, we find that the likelihood of voluntary climate change disclosure increases with women percentage on boards. We also find evidence that supports critical mass theory with regard to board gender diversity. These findings reinforce initiatives being undertaken around the world to promote gender diversity in corporate governance while demonstrating board effectiveness in stakeholder management. (shrink)

Let equation image denote the inverse limit of all finite cyclic groups. Let F, G and H be abelian groups with H ≤ G. Let FβH denote the abelian group , where +βis defined by +β = + β — β) for a certain β : F → G linear mod H meaning that β = 0 and β + β — β ∈ H for all a, b in F. In this paper we show that the following hold: The (...) additive group of any nonstandard model ℤ* of the ring ℤ is isomorphic to βH for a certain β : ℤ*+/H → equation image linear mod H. equation image is isomorphic to βH for some β : equation image/H →ℚ linear mod H, though equation image is not the additive group of any model of Th and the exact sequence H → equation image → equation image/H is not splitting. (shrink)