scholarly journals The Evolution Process of the Meaning of the Word "Fiqh" and the Rijālī Term of "Faqīh" Relying on the Earlier Rijālī Sources of Shiite

Author(s):  
Rouhollah Shahidi ◽  
Arezoo Akbari ◽  
Mohammad Ali Ghayour

The word "Fiqh" in the Holy Qur'an, the narratives and interpretations of the scholars of the science of rijāl, has been used in various verbal and nominal forms. A look at the applications of this root in the mentioned sources shows that this word has undergone a semantic evolution from the time of the revelation of the Qur'an to the middle Ages. From the absolute understanding of the science of religion to the knowledge of the rules of Sharia, etc. At first glance, it is thought that in the interpretations of the scholars of rijāl, the word "Fiqh" has observed its literal meaning, while there are evidences that show this word, from the very first century, has distanced itself from its lexical meaning and usage and has been used in a specific meaning. In the present study, by using the library method and by describing and analyzing the extracted data, first the lexical meaning of the material in the Qur'an, the narrations of the Holy Prophet (PBUH) and dictionaries have been examined and then with historical reference to the formation of Shiite hadith discourse, narrations and earlier rijālī reports in the use of this root has been analyzed. The result is that; what is meant by the Faqīh in the news of the authenticity of the narrators is the scholars aware of what is lawful and what is unlawful, rules and laws, which have sometimes been the place of reference and fatwā for other companions. However, the use of the word "Faqīh" in the earlier books of Shiite rijālī will mostly refer to the last stage of semantic evolution of the word "Fiqh".

Author(s):  
Peter Mack

In literary and cultural studies, “tradition” is a word everyone uses but few address critically. In this book, the author offers a wide-ranging exploration of the creative power of literary tradition, from the middle ages to the twenty-first century, revealing in new ways how it helps writers and readers make new works and meanings. The book argues that the best way to understand tradition is by examining the moments when a writer takes up an old text and writes something new out of a dialogue with that text and the promptings of the present situation. The book examines Petrarch as a user, instigator, and victim of tradition. It shows how Chaucer became the first great English writer by translating and adapting a minor poem by Boccaccio. It investigates how Ariosto, Tasso, and Spenser made new epic meanings by playing with assumptions, episodes, and phrases translated from their predecessors. It then analyzes how the Victorian novelist Elizabeth Gaskell drew on tradition to address the new problem of urban deprivation in Mary Barton. And, finally, it looks at how the Kenyan writer Ngũgĩ wa Thiong'o, in his 2004 novel Wizard of the Crow, reflects on biblical, English literary, and African traditions. Drawing on key theorists, critics, historians, and sociologists, and stressing the international character of literary tradition, the book illuminates the not entirely free choices readers and writers make to create meaning in collaboration and competition with their models.


Author(s):  
Saam Trivedi

Saam Trivedi ponders the Sangita Ratnakara by the Ayurveda physician Sarangadeva. In this thirteenth-century manuscript, Sarangadeva asserts that Sound, identical to the Absolute, is the only fundamental thing in the universe and that all other things are illusory or, at best, some derivative or other manifestation of Sound. While the twenty-first century, non-monist Trivedi is critical of this claim, he finds much to be fascinated by, and, in his dissection of the main points of the Sangita Ratnakara, he offers the reader an imagining of sonic monism that, while far-removed from the orthodoxy of today’s acoustics and natural sciences, might one day come to be seen as inspiration for the latest scientific ideas concerning sound.


Author(s):  
Krystyna Szczepanowska-Kozłowska

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.


2021 ◽  
Vol 5 (1) ◽  
pp. 87-102
Author(s):  
Louise D’Arcens

Abstract This essay focuses on the Polish film Cold War and the oeuvre of the French nationalist black metal band Peste Noire, examining them as twenty-first-century texts that disclose music’s capacity to solicit emotion in the service of ideology. Despite their aesthetic and ideological differences, each text demonstrates the importance of temporal emotions – that is, emotions that register a heightened sense of the relationship between present, past and future. Each text portrays these emotions’ ideological significance when attached to ideas of a national past. Dwelling on Peste Noire’s racist-nationalist use of the medieval past, the essay explores music as a medium for emotional performances in which white people appear to convey vulnerability while actually reconfirming white supremacy. Peste Noire’s idiosyncratic performance of aggressive vulnerability is a temporal emotion that self-consciously lays claim to a long emotional tradition reaching back to the French Middle Ages.


2020 ◽  
Vol 25 ◽  
pp. 9-36
Author(s):  
Dorota Cyngot ◽  
Hanna Kowalewska-Marszałek ◽  
Anna Izabella Zalewska ◽  
Danuta Minta-Tworzowska

The reason for this article was the 90th birthday of Professor Stanisław Tabaczyński (born on April 1, 1930). However, at the last stage of editorial work, the sad news of his death reached us (November 28, 2020). All the more we would like to commemorate the Professor, recalling his achievements and merits, which place him among the most outstanding Polish archaeologists, including actual members of the Polish Academy of Sciences. He made a great contribution to the development of Polish and world archaeology in the area of theoretical and field archaeological research. Many of his scientific initiatives concerned the theory and anthropology of culture as well as the methodology of archaeological research and the syntheses of prehistory and the early Middle Ages. His achievements and influence on shaping the minds of archaeologists of the 20th century and the beginning of the 21st century cannot be overestimated.


ULUMUNA ◽  
2017 ◽  
Vol 10 (1) ◽  
pp. 103-120
Author(s):  
Ani Wafiroh

The term jihad fi sabîl al-Lâh is often used to refer to physical war in the path of God. The word, as it is derived from the Qs. al-Tawbah (9): 60, in fact connotes specific and general meanings. The specific meaning of it commonly found in classical ulema’s interpretation is related to the war. This interpretation is based on historical evidence and supported by the literal meaning of Qur’an and the hadith. But such a meaning is now criticized and regarded as going beyond the conceptual boundary of jihad in Islam. This article seeks to explore the general meaning of the term in the works of classical and contemporary Muslim scholars, aimed at offering a more contextual meaning. It shows that the term does not always necessarily mean the physical war in the name of God or religion, but it can be meant as education, human welfare, and social development.


Acorn ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 75-99
Author(s):  
Douglas Allen ◽  
Sanjay Lal ◽  
Karsten Struhl ◽  

In this author-meets-critics dialogue, Douglas Allen, author of argues that Gandhi-informed philosophies and practices, when creatively reformulated and applied, are essential for developing positions that are ethical, nonviolent, truthful, and sustainable, providing resources and hope for confronting our ‘Gandhi after 9/11’ crises. Critics Sanjay Lal and Karsten Struhl applaud Allen’s demonstration that Gandhi’s nonviolence is serious and broadly adaptable to the twenty-first century. Yet, Lal poses two philosophical challenges, arguing first that the nonviolent message of the Bhagavad Gita is perhaps more essential than Allen allows. Second, Lal raises difficulties involved in placing the needs of others first, especially in response to terrorism. Struhl wonders if the Gita is not more violent than Gandhi or Allen represent it to be. Struhl also questions whether relative claims are always resolved in the direction of Absolute Truth, as Gandhi and Allen assert. Finally, critic Struhl wonders how we can restrain institutions from escalating cycles of violence once we grant Gandhi-based exceptions that would allow violence to suppress terrorism. Against Lal’s objections, Allen defends a more open-ended reading of the Gita and agrees that our service to the needs of others cannot go so far as to embrace their terrorism. In response to Struhl, Allen agrees that there are indeed problems with a nonviolent reading of the Gita, but there are resources to support Gandhi’s view. Likewise, regarding relations between our limited truths and the Absolute, Allen grants that Struhl has identified real problems but that a final defense is possible, especially when we consider motivational factors. As for limiting cycles of violence, Allen argues that a Gandhi-informed use of violence implies considerations that limit its use.


2020 ◽  
pp. 201-208
Author(s):  
Conor McCarthy

The Conclusion restates the book’s four key arguments. Firstly, legal exclusion in various related forms is a tactic of power. Secondly, legal exclusion is an enduring phenomenon, alive and well in disturbing new combinations in the twentieth and twenty-first century West. Thirdly, exclusion from law is a shared concern for the literature of outlawry and the literature of espionage, and hence a key theme in a range of writings about the state and its actions from the Middle Ages to the present day. Finally, the role of literature here is often to offer critique: in offering such critique it shares with law a demand for justice.


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