Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ (Islamic Disputation Theory) particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn (...) al-Kātibī. Although no mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum (implication), tanāfī (incompatibility) and dawarān (concomitance). A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn al-Kātibī. Although no (...) mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum, tanāfī and dawarān. A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Al-Jaṣṣāsis a pioneering scholar who wrote the first work of methodology according to the Hanafi/fuqaha method and influenced the fiqh and hadīth scholars who came after him with his methodology work. The theory of khabar comes first among the subjects that al-Jaṣṣās dealt with theoretically and practically in his work al-Fuṣūl fi al-uṣūl and influenced the methodologists who came after him. In his theory of khabar, khabar al-wāhid, which is in the interest of both jurists hadīthists, has a special (...) importance. Al-Jaṣṣās explains the khabar al- wāhid in practice, independently of the theoretical framework, under the title of “specification of general utterances by khabar al- wāhid”. Under this title, al-Jaṣṣās mentions an important feature with the notion of acceptance, which affects the value of khabar al-wāhid and raises it to the level of mutawātir. In this study, it is aimed to reveal the value of the meaning that al-Jaṣṣās attributed to the concept of acceptance in terms of kahbar and the place of the phenomenon of acceptance in the methodology of hadīth. İn the research, firstly, the concepts of as-sunne as-sābite, mutawātir khabar and āhād khabar that al-Jaṣṣās used in relation to khabar were examined. Then, issues such as the understanding of acceptance, which affects the view of the khabar at the level of tawātur; within the framework of this understanding, the information value of the khabar al-wāhid, the examples of the khabar al-wāhid; who is meant by the concept of “people/ummah” in the expression of “تَلَقِّي ‌الْأُمّةِ/الناس بِالْقَبُولِ” and the concept of accepted khabar according to hadīth methodologists are discussed. (shrink)

Al-ʽĀmirī’s Chapters on Metaphysical Topics are an impressive example of the fusing of Greek Neoplatonism with Islamic Theology. Being a paraphrase of the Proclean Elements of Theology , they provide a better understanding of the tradition of the Liber de Causis in Arabic.

En la época islámica, Apolonio de Tiana (15-100 d.C.) era conocido tanto como “Señor de los talismanes” (ṣāḥib al-ṭilasmāt), así como filósofo neopitagórico y hermético. En su Kitāb al-Aḥŷār, Ŷabir b. Ḥayyān habla de “los defensores musulmanes de Apolonio” (aṣḥāb Balīnās al-Islāmīyūn). La referencia muestra que el trabajo más prominente de Apolonio, Sirr al-jalīqa, ya era famoso en el mundo de habla árabe desde muy temprano. Este artículo proporciona una visión general de las citas de Apolonio en las fuentes islámicas (...) de diferentes campos y de las obras, generalmente, atribuidas a él. Además, reviso en Sirr al-jalīqa, sus influencias en las obras ŷābirianas y su recepción en la tradición ismailí. Este artículo aborda además el comentario árabe de Sirr aljalīqa de ‘Awn b. al-Munḏir (IV/X), conservado en un manuscrito único, y cuya traducción persa era hasta ahora desconocida. Dicha traducción cubre fragmentos del trabajo de Ibn al-Munḏir, no disponibles en árabe, y, por lo tanto, es una fuente sustancial para la historia de la alquimia islámica. Una edición de la traducción persa se presenta como apéndice. (shrink)

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

Haber-i vâhidin delil değeri problemi, 2. (8.) yüzyıldan itibaren kelamcılar (:Mutezile), fıkıhçılar ve hadisçiler arasında tartışılan ve hakkında kayda değer bir literatür ortaya çıkan usûlî konuların başında gelmektedir. Şeybânî (ö. 189/805), Şâfiî (ö. 204/820), İsâ b. Ebân (ö. 221/836) ve Buhârî (ö. 256/870) gibi sünnî ekolün tanınmış fıkıh ve hadis alimlerinin haber-i vâhid lehine ortaya koydukları çalışmalar bu noktada oldukça etkili olmuştur. Bu etkinin bir sonucu olarak başlangıçta haber-i vâhidi toptancı bir yaklaşımla reddeden Mutezili isimler, yerini zamanla Ebû Ali el-Cübbâî (...) (ö. 303/916) gibi başka bir delille desteklenmesi şartıyla kabul eden alimlere bırakmıştır. Cübbâî, muhtemelen Kitâbü’l-ahbâr isimli günümüze ulaşmayan çalışmasında, hem tek kişinin haberi anlamındaki haber-i vâhidin hücciyet delillerini tenkit etmiş hem de çeşitli delillerle kendi kişisel görüşünü temellendirmeye çalışmıştır. Onun bu tenkit ve görüşleri, 4. (10.) yüzyılın önemli Hanefi fakih ve usulcüsü Cessâs (ö. 370/981) tarafından usul ilminin kurucu metinlerinden el Fusûl’de üstü kapalı bir şekilde nakledilmiş ve eleştirel bir değerlendirmeye tabi tutulmuştur. Araştırmamızda Cübbâî’nin, haber-i vâhidin delil değeri, kabul şartları konusundaki eleştiri ve görüşleri ile Cessâs’ın ona verdiği cevaplar ve karşı eleştirileri ele alınmıştır. (shrink)

RésuméLe présent article propose la liste des œuvres médicales composées par Ibn Bājja, donne une présentation synthétique de celles qui nous ont été transmises et étudie le métacommentaire au commentaire de Galien sur lesAphorismesd'Hippocrate (Sharḥ fī al-Fuṣūl). Ce texte montre une influence profonde d'al- Fārābī, en particulier dans sa conception de l'expérience médicale, qui remonte à la façon dont ce dernier construit l'expérience (tajriba) comme le procédé inductif, décrit par Aristote dans lesSeconds Analytiques, produisant les prémisses de la démonstration. (...) Sur cette base, Ibn Bājja défend la pertinence d'une médecine moins scolastique et plus empirique, une position dont Ibn Rushd se fera l'écho. Des similitudes entre le texte d'Ibn Bājja et leK. al-Kulliyyāt fī al-ṭibbd'Ibn Rushd suggèrent que celui-ci avait lu leSharḥ fī al-Fuṣūl. Cette œuvre, en outre, pourrait bien attester que la dissection humaine était pratiquée à l'époque d'Ibn Bājja. (shrink)

Value Co-Creation plays a major role in engaging knowledgeable individuals in a community via innovation, problem solving, and new service/product development. This study investigates the personal factors that influence individuals’ engagement in value co-creation in Higher Education Institutions through the use of online platforms. Some higher education institutions have successfully established or used appropriate online platforms, such as online forums, web applications, and mobile applications to engage their community in ideation or crowdsourcing as a part of the value co-creation process. (...) On the other hand, some HEIs have failed to engage their community in value co-creation activities, and even if they managed to engage some individuals in value co-creation once, they failed to sustain these individuals’ engagement in value co-creation using online platforms. Using the Stimulus Organism Response framework, this study examines the relationship between relevant personal factors and other motivational factors that provide perceived benefits with value co-creation engagement. Data was collected from 308 respondents at five Malaysian research universities. The software analysis tool Smart PLS is used for data analysis and validation. The results demonstrate that personal factors and perceived benefits as a motivational factor has a significant effect on individual engagement in value co-creation. However, the significance of these findings varies from one individual to another. The implications of these findings are discussed. (shrink)

In recent years there has been an increase in research conducted in the Middle East, with a corresponding increase in the challenges faced by members of the Research Ethics Committees. This study compares the structures of Omani and Jordanian RECs and investigates the perceptions of the challenges affecting the work of the REC members in Oman and Jordan. A convenience sample of 34 Omani and 66 Jordanian participants from 21 universities was recruited in this cross-sectional study. Almost 70% disagreed that (...) the members of RECs are unqualified, providing comments without justification; half believed that members have limited experience in research, and almost three-quarters that they have different opinions regarding some ethical issues. No significant differences were found between Omani and Jordanian REC members regarding their perception of the challenges, except for the perception that reviewing proposals is a time-consuming task and that multi-REC centres are less available. The regression model showed that there were significantly more male members of Jordanian RECs, and that Jordanian members were less likely to receive formal training. In conclusion, the current structure of RECs and the challenges faced by members need to be re-evaluated by decision makers to improve the overall quality of research activities, and to ensure that current REC members’ practices adhere to international standards. (shrink)

Many question whether Islam and science can be compatible. In the first six hundred years of Islam, Muslims addressed all fields of knowledge available to them with unprecedented zeal and contributed immensely to the knowledge that became the precursor of the Renaissance in Europe. The Tatar invasion in the thirteenth century and the total destruction of Baghdad, the Muslim capital of knowledge and science, followed by the crusades, the ensuing hostility between East and West, and Western colonialism of Muslim countries (...) led to a distrust of all knowledge emanating from the West. Such distrust closed the doors to ijtihad, a dynamic method in Islamic jurisprudence for addressing change, new demands, and new acquired knowledge, even though the Qur'an challenges Muslims to think, contemplate, understand, comprehend, and examine everything around them—tasks that bring humankind closer to God as they find methods to apply God's laws of justice and equity to the benefit of all humankind. Islam is the religion of yusr (ease) and not ‘usr (hardship). The creation of the world was for human benefit and use. Innovation for such beneficial use and application is a must. (shrink)

Technology pertaining to genetically modified foods has created an abundance of food and various methods to protect new products and enhance productivity. However, many scientists, economists, and humanitarians have been critical of the application of these discoveries. They are apprehensive about a profit-driven mentality that, to them, seems to propel the innovators rather than a poverty-elimination mentality that should be behind such innovations. The objectives should be to afford the most benefit to those in need and to prevent hunger around (...) the world. Another major concern is the safety of genetically modified food. Muslims, as well as those in other religious communities, have been reactive rather than proactive. Muslims must connect scientific knowledge and ethical behavior based on faith. In Islam, there is no divide between the two. God has commanded us to seek knowledge and make discoveries to better our lives and our environment. We are trustees of this world and everything in it. The poor, the sick, and the wayfarers have a right to be fed and cared for. God reminds Muslims continuously that the earth and all the heavens belong to God; therefore, no one should feel hunger, no one should suffer or be prevented from sharing this bounty. (shrink)

The importance of web designs for commercial and informational use has been a focus of research for over a decade and a half. At present, findings concerning the influence of news website designs on the perception and recall of information are rather contradictory. This study aims to identify how the basic web designs aesthetically affect users. A total of 214 students from Arab universities were shown three news sites with different designs and asked to complete two tests to determine their (...) levels of perception and recall. The results revealed that interactive sites with multiple aesthetic elements representing the message of the news item enable users to perceive and remember the information better. The findings of this study can be useful in creating news website templates that improve user comprehension and recall. (shrink)

Purpose Moor designated two major problem sources typifying the social and ethical implications of computer technologies, namely, “policy vacuum” and “conceptual muddles.” Motivated by Moor’s seminal definition and Floridi’s conceptualization of information and communication technologies as re-ontologizing technologies, this study aims to explore Omani undergraduates’ cognition regarding ICT ethics. Design/methodology/approach Adopting a grounded theory approach for the constant comparative thematic analysis, the constituents of ICT ethics-related cognition among undergraduates and influencing factors were scrutinized. Qualitative data were gathered via focus group (...) discussions with undergraduates and interviews with academics and information systems professionals at Sultan Qaboos University. Findings In total, 10 thematic categories revolving around a core category, constructing conceptual perceptions of and attitudes toward the realms constituting ICT ethics using an ontological, object-oriented approach, emerged from the comparative analysis. Undergraduates were found to adopt an applied approach when defining professional ICT ethics codes and policies, with a particular focus on information privacy and integrity. Research limitations/implications This qualitative study was conducted at a single research site. This may restrict the generalizability of the findings. Postgraduates were not considered when designing this qualitative inquiry. Originality/value The findings of the study hold theoretical and methodological significance with regard to ICT ethics-related cognition in the era following the fourth industrial revolution by sustaining feminist ethics in this research. Ultimately, the study developed a substantive theory scrutinizing the constitutive elements of ICT ethics-related cognition among Generation Z. (shrink)

Errors have been the concern of providers and consumers of health care services. However, consumers' perception of medical errors in developing countries is rarely explored. The aim of this study is to assess community members' perceptions about medical errors and to analyse the factors affecting this perception in one Middle East country, Oman.

Unfortunately, Wittgenstein has entered the philosophical canon , an entrance that has served to reify interpretations of his work. In this essay I refer to recent books by Richard Eldridge (1997) and Phillip Shields (1998) which allow us again to see The Philosophical Investigations as something more than a stultifying relic. Specifically, these authors, by reading Wittgenstein's work not merely as text but also as performance, allow us to enact our own liberating performances of that work. To engage in such (...) enactments of freedom is the essence of philosophical education in the sense established by extra-canonical writers such as Socrates and the Stoics, on the one hand, and Emerson and James, on the other. At least this is so if my use of the work of classicist Pierre Hadot, on the one hand, and brief reference to literary critic Richard Poirier, on the other, is at all successful in illuminating theses from Eldridge and Shields on the nature of Wittgensteinian philosophy. (shrink)

Active shooter incidents have unfortunately become a common occurrence the world over. There is no country, city, or venue that is safe from these tragedies, and healthcare institutions are no exception. Healthcare facilities have been the targets of active shooters over the last several decades, with increasing incidents occurring over the last decade. People who work in healthcare have a professional and moral obligation to help patients. As concerns about the possibility of such incidents increase, how should healthcare institutions and (...) healthcare professionals understand their responsibilities in preparation for and during ASI? (shrink)