One of the old law/fiqh texts is Farāiz which is thought to be written by Zaid ibn Thābit (d. 45/665). In many classic texts it has been refered to this book and it is mentioned that Zaid ibn Thābit's expertising on the ilm al farāiz. But our findings show that many of researchers who study on the history of codificaditon of Islamic law have not seen this book. In this study, because of the importance of the book, we publish Zaid's (...) Farāiz and the comments written in very early period by Abu'z-Zinad (d. 130/748) on it. Thus, Risāla al Farāiz, one of the oldest fiqh texts written in the period of the Sahāba and expounded in the period of the Tābiūn, will be present to the interest of researchers. (shrink)

Physicians try hard to alleviate mental and physical ailments of their patients. Thus, they are heavily burdened by observing ethics and staying well-informed while improving health of their patients. A major ethical concern or dilemma in medication is that some physicians know their behavior is unethical, yet act against their moral compass. This study develops models of theory–practice gap, offering optimal solutions for the gap. These solutions would enhance self-motivation or remove external obstacles to stimulate ethical practices in medicine. The (...) Constructivist Grounded Theory Methodology is applied here where the participants and the main researcher mutually interacted with each other. Data collection was performed through qualitative methods including observation and semi-structured interviews with 21 physicians and medical students. Initial and focused coding was done, from which principal concepts were later extracted. MAXQDA software was used for analyzing data. Analysis of twelve major concepts in the study resulted in two factors and solution groups, from which four general notions influencing the ethical theory and practice gap in medicine were extracted: (1) providing effective education to change attitude and behavior; (2) considering motivational and emotional factors; (3) reconstructing regulations and processes to facilitate ethical practice; (4) conducting comprehensive and systematic studies. The existing medical educational system needs to be reconsidered to add to individual internal motivation, including optimizing persuasion strategies, maximizing participation of students, adhering to virtuous ethical theories, and fostering emotions. Additionally, regulations and processes can be reconstructed to remove practical obstacles and promote ethical practice with insignificant damages to individual self-motivation. (shrink)

Hard incompatibilism is a view which asserts that determinism and free will are inconsistent and given the facts of our best sciences determinism is true; and hence, free will does not exist. Not only that, it also claims that if the world were indeterministic and our actions were caused by states or events, still we would lack free will. In this way, it denies the truth of any libertarian account of free will based on event causation. In that sense, this (...) is a hard position. Regarding moral responsibility, this hard incompatibilism claims that human agents are not morally responsible for their actions, unless they are the ultimate originators (agent-causes) of the actions in question. Derk Pereboom has offered an argument in favor of his hard incompatibilism, aka hard determinism, in which he shows four different hypothetical situations (thought experiments, indeed) each of which is aimed to prove that we are not morally responsible for what we do. The argument is, thus, known as four-case argument. In the present paper, Pereboom’s four-case argument is examined and defended. It has been shown here that Pereboom is quite correct, if we consider the true sense of the term ‘moral responsibility.’ This ‘true sense’ of the term “moral responsibility” is considered as the strong sense of moral responsibility in this paper. However, a weak sense of the term “moral responsibility” has also been proposed in this paper. This proposed weak sense of “moral responsibility” can accommodate most of the socially-approved ways of ascriptions of responsibility. And finally, it has been claimed that our general intuition that every event has a cause and we are not the ultimate sources of our actions is true from the strong sense of moral responsibility; and our commonsense intuition that as human beings we are inherently free and responsible for our actions is true from the weak sense of moral responsibility. (shrink)

Defenders of the Kantian maxim, i.e. ‘ought’ implies ‘can’, defend the maxim taking the term “implication” in the sense of ‘entailment’. But if it is granted that “implication” means entailment, then it can be shown that the Kantian maxim that ‘ought’ implies ‘can’ is false. Sinnott-Armstrong attempts to prove the falsity of the maxim by his argument from Self-Imposed Impossibility in which he offers his famous example of Adams. But Sinnott-Armstrong’s example of Adams appears to be not strong enough to (...) prove the falsity of the maxim; it is a subject to be captured by a version of the maxim, namely the Maxim-KT. That is why two new examples of the argument from Self-Imposed Impossibility are presented in this paper which are stronger and are able to prove the falsity of the Kantian maxim. (shrink)

Despite its enormous popularity, Russell’s theory of definite descriptions has received various criticisms. Two of the most important objections against this theory are those arising from the Argument from Incompleteness and the Argument from Donnellan’s Distinction. According to the former although a speaker may say something true by assertively uttering a sentence containing an incomplete description , on the Russellian analysis such a sentence expresses a false proposition; so, Russell’s theory cannot adequately deal with such sentences. According to the latter (...) objection a descriptive sentence is actually ambiguous—it expresses a general proposition when the description contained in it is used attributively, and a singular proposition when the description in question is used referentially; Russell’s theory is inadequate as it fails to capture this ambiguity and offers an analysis according to which a descriptive sentence expresses only a general proposition. These objections are examined in the present dissertation. It is shown here that these objections arise from: (i) ignoring the distinction between the meaning of a sentence and the assertions made by using it, (ii) the failure to distinguish between the semantic meaning of a sentence and the pragmatic meaning with which it is used on a particular occasion. To make the distinction mentioned in (i), a significant part of Scott Soames’ theory concerning meaning and assertions has been adopted in this dissertation; and, to make the distinction mentioned in (ii), a test, namely the cancellability test, and two Distinguishing Criteria, namely DC-1 and DC-2, have been developed here. It has been argued here that if we properly make the relevant distinctions, then we will find that: (a) the phenomenon cited by the Argument from Incompleteness can be well explained keeping the Russellian analysis of descriptive sentences intact, (b) the phenomenon arising from the Argument from Donnellan’s Distinction raises an issue of pragmatics and is irrelevant to Russell’s semantic analysis of descriptive sentences. So, none of the above criticisms poses a genuine threat to Russell’s theory of definite descriptions; his theory actually provides, to a large extent, a correct semantic analysis of descriptive sentences. (shrink)

Since the spread of Islam in Transoxiana (Mā-warāʾ al-Nahr), religious understandings based on the opinions of Abū Ḥanīfa (d. 150/767) have always been dominant in the region. Therefore, it was not possible for other understandings, which may seem to be opposite to Abū Ḥanīfa’s opinions, to be influential in the region. That Najjāriyya and Karrāmiyya could not be perennial in the region may be an example of this case. Similarly, Māturīdiyya, which benefited from Abū Ḥanīfa’s treatises of creed and his (...) rational method, could not adequately get the support of people at the time of Abū Manṣūr al-Māturīdī (d. 333/944) and Abū l-Muʿīn al-Nasafī (d. 508/1114) because the school was seen as an opposite approach to the prevailing imaginations about Abū Ḥanīfa. Moreover, the Ḥanafī jurists (Ḥanafī fuqahāʾ), who were influential in not only people but also bureaucracy, and the Ḥanafī theologians (Ḥanafī mutakallimūn), who followed al-Māturīdī’s theological method , did not come to terms on their interpretations of Abū Ḥanīfa. The Ḥanafī jurists who benefited mostly from juridical sources and manāqibworks were thinking different from the Ḥanafī theologians who relied on the treatises of Abū Ḥanīfa on such issues as the legitimacy of Kalām as a scholarly discipline, the responsibility of people of fatra(ahl al-fatra: people having no access to the message of Islam), and the creation of faith (īmān). The Ḥanafī jurists took different stance on various issues and argued that faith is not created; the informative (khabarī) attributes of God (ṣifāt Allāh) mentioned in the Qurʾān cannot be interpreted (taʾwīl); no one can be held accountable for faith only based on the intellect unless the message of the Prophet reaches to her or him; the people of fatracannot be responsible for faith. They also stated that Abū Ḥanīfa broke his relationship with the theological (kalāmī) issues in the last years of his life. Although these jurists accepted Abū Ḥanīfa’s distinction between faith and deeds and his view of the stability of one’s faith without increasing or decreasing they condemned theological discussions on these issues by going beyond the limits of the treatise of creed. While the Ḥanafī theologians known as the Ḥanafī scholars of Samarqand who adopted the religious views of Imām al-Māturīdī of Samarqand acknowledged the intellect and considered it as an independent source in religion, the Ḥanafī jurists known as the Ḥanafī scholars of Bukhārāauthorized the intellect only in understanding the transmission (naql) and its interpretation. The different opinions of the two groups can be seen clearly on the question of the religious responsibility of the people of fatra. When we look at the debates regarding Kalām and the Islamic law, we can see that the difference between these two cities (Samarqand and Bukhārā) stems from their methodological views on the epistemological values of the reason (ʿaql) and the transmission (tradition). Māturīdiyya is a school of theology established by the Ḥanafī theologians who upheld the necessity and significance of Kalām. It is possible to say that the Ḥanafī jurists did not contribute to the establishment and systematisation of this school; rather, they tried to prevent it. Our findings show that the Ḥanafī jurists who lived in Transoxiana differ from each other because of their different understandings of Abū Ḥanīfa. In the historical process extending today it is evident that the religious views of the Ḥanafī jurists and their interpretation of Abū Ḥanīfa have been prominent and effective, not that of Māturīdiyya, which is the understanding of the Ḥanafī theologians. (shrink)

Abū Ishāq al-Ṣaffār was one of scholars of the Western Qarakhānids’ period who followed the Kalām thought of al-Māturīdī (d. 333/944). His theological works Talkhīs al-adilla and Risāla fī al-kalām, his method in kalām, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Ṣaffār is a respected and authorative Māturīdī theologian. The article focuses on his defense of the kalām. By adding a long introduction to Talkhīs about the naming, importance, and religious legitimacy of the science (...) of kalām, Saffār asserted that the kalām should be learned. When systematical vindication of the science of kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the kalām among Ḥanafī-Māturīdīs. Even though he does not state its systematic, it can be understood that vindication of kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation. Al-Ṣaffār’s defending the science of kalām shows that there were opposite thoughts against kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- SUMMARY: Abū Ishāq Ibrahīm b. Ismāil Zāhid al-Ṣaffār al-Bukhārī is a scholar belonging to the Ḥanafī theological tradition which was improved by the contribution of Ḥanafī theologians who used thinking system of Abū Ḥanīfa (d. 150/767) as base and adopted Abū Manṣūr al-Māturīdī (d. 333/944) and his thoughts in historical process. The contents of his theological works Talkhīs al-adilla li-qawāʿid al-tawḥīd and Risāla fī al-Kalām, the method that he used, and references to his works made by Ottoman and Arab scholars indicate that he is an important Māturīdī theologian. The article focuses on his defense of the science of Kalām. -/- In Talkhīs al-adilla, there are two sections including the subject of naming, and importance and necessity of Kalām discipline. Here, the necessity of learning Kalām and its value are defended in detail. -/- Besides, rumors “Abū Ḥanīfa turned away from the science of Kalām in his doomsdays” and that “He prohibited to make occupation with Kalām completely” are evaluated. -/- When systematical vindication of the science of Kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the Kalām among Ḥanafī Māturīdīs. Even if Abū Manṣūr al-Māturīdī, Abū al-Yusr al-Bazdawī (d. 493/1100) and Abū Muʿīn al-Nasafī (d. 508/1115) defend that the science of Kalām is not wrong for religion; yet, the vindication of Kalām does not take a place under a separate title and in a detailed manner in any of Māturīdī theologians works. -/- The method that al-Ṣaffār used when he is defending the science of Kalām, differs from strategy of Abū Ḥanīfa. While Abū Ḥanīfa has mentioned that there is a need for the science of Kalām under these new circumstances, al-Ṣaffār has defended theologians who were charged with being Ahl al-Bidaʿ, by trying to prove that the prophets especially the Prophet Ibrāhīm, even the Companions of the Prophet Muḥammad (Ṣaḥāba) and the Successors of the Companions (Tābiʿūn) scholars use their minds and make arguments in religious matters. In this respect, he emphasizes that the Qurʾān orders to think and discuss gently, not to be stay in silence: “And dispute with them, using what is best” (16.125-126). Therefore, he states that this discipline which took a mission to explain and defend the creed of Islam (ʿaqīda), cannot be characterized as an innovation (bidʿah) or illicit. -/- His vindication method can be defined as a more developed type of method that Abu’l-Ḥasan al-Ash’arī’s (d. 324/935) used in Risāla fī istiḥsān al-khawḍ fī ʿilm al-kalām. Even though he does not state its systematic, it can be understood that vindication of Kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation: -/- a) Explanation: Explaining the necessity and importance of the science of Kalām by giving information about its definition, names, value and place among other principles. -/- b) Demonstration: Revealing the religious basics of the science of Kalām from the Qurʾān, the Sunna of the Prophet Muḥammad, the Companions of the Prophet, and the Successors of the Companions thus specifying that it is legitimate for religion. -/- c) Refutation: Replying the claims having aim to weaken the value of Kalām principle and its religious legality. -/- Al-Ṣaffār describes ‘the science of Kalām’ as ‘Knowing the Real with the evidences which help to reach the absolute information’. By allocating the concept of 'Ḥaqq', he repeats the definition of Kalām as “it is to know God with certain evidences” in a part of his work, and “it is to know the principles of religion (uṣūl al-dīn) with certain evidences” in another part. He describes Kalām as “Knowing ḥaqq / God / uṣūl al-dīn by depending on evidence”, and tries to prove that it is wrong to consider a science which performs the stated duty, as illicit and abominable and thus turn away from it. -/- Al-Ṣaffār thinks that it is right to call this principle as ‘Kalām’ because of the certain evidences leading to the truth that this science has used. This thought was defended by other theologians as well. -/- For example, according to Saʿd al-Dīn Masʿūd al-Taftazānī (d. 792/1310) it seems like to say “This is the word (kalām), not the other knowings” by the way of the power of evidences used in Kalām.Thus, it is appropriate to give name Kalām for this science which based on certain evidences. -/- Al-Ṣaffār’s explanations revealed in scope of vindication of the Kalām are adopted by some of following scholars. Ḥusām al-Dīn al-Sighnāqī (d. 714/1314) in his book called al-Tasdīd sharḥ al-Tamhīd fī qawāʿid al-tawḥīd quotes Saffâr’s explanations as the same. -/- Al-Ṣaffār indicates that the method told in the Qurʾān is to reply questions about religion, beliefs and rejection instead of remaining in silence. The duty taken on by Kalām is this vindication activity performed by the prophets whose examples are described in the Qurʾān and which is legal and demanded. His way of thinking and vindication of the Kalām resembles that of Abū Manṣūr al-Māturīdī. Al-Māturīdī says, “Prophets and we were ordered to invite infidels to Islam. When this invitation happens, the respondents will ask for evidence and explanation, and discussion will be inevitable. Therefore, discussing and talking about subjects of Kalām is not objectionable”. -/- Thoughts of al-Māturīdī and al-Ṣaffār regarding the vindication of the Kalām were repeated by Nūr al-Dīn al-Ṣābūnī (d. 580/1184), and Fakhr al-Dīn al-Rāzī (d. 606/1210) later. According to al-Ṣābūnī, the evidences put against deniers and especially the discussion made by the Prophet Ibrāhīm to defend his own belief, prove the legality of Kalām discipline. Likewise, according to al-Rāzī, the duty of Kalām is just an activity performed already in the Qurʾān and ordered to the prophets. At this point of view, since the prophets were leading to Kalām, banning this activity is nonsense. -/- According to al-Ṣaffār, the reason for why Abu Hanifa avoids his son Hammād from these discussions is that Abu Hanifa does not like discussions based on obstinate. Otherwise, it cannot be that Abū Ḥanīfa prohibits to learn Kalām and make discussion about Kalām. According to him, this behavior of Abū Ḥanīfa results from that people discussing with him are ignorant about the subject of Kalām, discussion turns to an obstinate, and coming to an end of discussion seems impossible. This comment of al-Ṣaffār is quoted in Miftāḥ al-saʿāda wa-miṣbāḥ al-siyāda by ʿIṣām al-Dīn Aḥmed b. Muṣṭafā Tashköprüzāde (d. 968/1561) and in Minaḥ al-rawḍ al-azhar fī sharḥ al-Fiqh al-akbar by ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1606) as same as his words. -/- Al-Ṣaffār’s defending the science of Kalām shows that there were opposite thoughts against Kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania.In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of Kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists (fuqahāʾ). Because some of the Ḥanafī jurists thought that Abū Ḥanīfa forsook occupation with the science of Kalām and even he prohibited his son to have interest in this discipline. But some of Ḥanafī theologians such as al-Māturīdī, al-Nasafī and al-Ṣaffār protested this thought which describes Abū Ḥanīfa as a banner for Kalām. -/- His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- His book Talkhīs al-adilla li-qawāʿid al-tawḥīd is a unique source in terms of containing vindication of the Kalām in detail and also influencing the approaches of the next period scholars. (shrink)

Introduction: The having extremely detailed macroscopic anatomy knowledge of the present medicine literature has been result of the information accumulation throughout the hundreds years. The numerous science hero have contributed for this purpose. The scientists being ahead of his time by their knowledge and scientific perspective have contributed worthy to development process of medicine. -/- Materials and Methods: The chapters related to the kidney anatomy in El-Kânûn Fi’t-Tıbb was written by İbn-i Sînâ in the 11th century, Kitab-ı Teşrihü’l-Ebdan Min e’t-Tıb (...) is one of the first illustrated anatomy books that was written by Mansur b. Muhammed b. Ahmed in 14th century, Teşrih-ülEbdan ve Tercümânı Kıbale-i Feylesûfan is the first illustrated Turkish anatomy book that was written by Şemseddîn-i İtâkî in 17th century were evaluated. -/- Results: The informations were compared in three books and were interpreted by the present informations. These books have contributed to development of anatomy although some of the informations in them are faulted. -/- Conclusion: All three books are valuable in point of showing the development of medicine. The extensive evaluation of books which have important place in history of medicine will give valuable information about development process of medicine. (shrink)

Considering that the visual dimension of anatomy cannot be ignored and an anatomy education without the visual part will make a doctor imperfect in their profession, it may be seen that pictorial anatomy books written in previous periods are highly valuable. The purpose of this study is to investigate the spinal nerve anatomy included in the work titled Teşrihü’l-Ebdan min e’t-Tıb written in the XIVth century and compare the information at that period to the information of our time. The nervous (...) system was analyzed under a separate title in the book. Firstly, general information was provided about nerves, and then cranial and spinal nerves were described. The author stated in his work that there are two differences between humans and animals as feeling and movement. He stated that the center for feeling and movement is the brain and all nerves converge in the brain. Although there are insufficient or incorrect information in historical books of medicine, such books are highly valuable as they show the scientific progress. It is apparent that Mansur’s work titled Teşrihü’l-Ebdan min e’t-Tıb has a significant place in the history of anatomy, and its influence was reflected in the following periods. Despite the occasions of insufficient or incorrect information in the piece, we think it contributed to the historical development of anatomy. (shrink)