An Outline of the Historical Evolution of Qawā‘id Literature in Islamic Law

2011 ◽  
Vol 28 (1) ◽  
pp. 76-105
Author(s):  
Necmettin Kızılkaya
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
The Self ◽  
Theoretical Studies ◽  
Small Contribution ◽  
Significant Component ◽  
Legal Rules ◽  
Critical Editions ◽  
The Subject ◽  
The Common

The legal rules of each legal system reflect their own nature and primary characteristics in both quantity and quality. Since they comprise the main structure of the system, the study of these rules, therefore, gives an idea about the mechanism of the system as a whole. An investigation of the principles behind these legal rules, which represent dominant features of several rules is a further step and gives an opportunity to understand the common points of the particular cases. These principles have different essences and historical backgrounds in every legal surrounding. The settled principles of Islamic law (al-qawā‘id al-fiqhiyyah) which reflect the general characteristics of rules, were used in legal corpuses from the early ages and developed at a later stage as an independent subgenre in Islamic law. Not only the four Sunni schools of law, but also Shi‘i jurists have made a considerable contribution to the development of the literature in the course of time. In the Muslim world, there are several academic works on the subject such as critical editions, theoretical studies of the genre, and the investigations and applications of certain qawā‘id in legal corpuses. Nevertheless, this significant subject of Islamic law has so far found little attention among the Western academia. This paper, aims to make a small contribution to this significant component of Islamic law. It is concentrating on al-qawā‘id alfiqhiyyah, not al-qawā‘id al-usūliyyah (hermeneutic principles). After dealing with the concept of qawā‘id and its importance in Islamic law, the paper presents a historical overview of the development of qawā‘id literature in four Sunni schools of law. The evolution of the genre is examined in three periods: the formative period second/eighth–fourth/tenth centuries), the self-contained compilation period (fourth/tenth–tenth/sixteenth centuries), and the post-compilation period (tenth/sixteenth– thirteenth/nineteenth centuries).The paper concludes with a list of traditional and modern qawā‘id works.

An Outline of the Historical Evolution of Qawā‘id Literature in Islamic Law

2011 ◽  
Vol 28 (1) ◽  
pp. 76-105
Author(s):  
Necmettin Kızılkaya
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
The Self ◽  
Theoretical Studies ◽  
Small Contribution ◽  
Significant Component ◽  
Legal Rules ◽  
Critical Editions ◽  
The Subject ◽  
The Common

The legal rules of each legal system reflect their own nature and primary characteristics in both quantity and quality. Since they comprise the main structure of the system, the study of these rules, therefore, gives an idea about the mechanism of the system as a whole. An investigation of the principles behind these legal rules, which represent dominant features of several rules is a further step and gives an opportunity to understand the common points of the particular cases. These principles have different essences and historical backgrounds in every legal surrounding. The settled principles of Islamic law (al-qawā‘id al-fiqhiyyah) which reflect the general characteristics of rules, were used in legal corpuses from the early ages and developed at a later stage as an independent subgenre in Islamic law. Not only the four Sunni schools of law, but also Shi‘i jurists have made a considerable contribution to the development of the literature in the course of time. In the Muslim world, there are several academic works on the subject such as critical editions, theoretical studies of the genre, and the investigations and applications of certain qawā‘id in legal corpuses. Nevertheless, this significant subject of Islamic law has so far found little attention among the Western academia. This paper, aims to make a small contribution to this significant component of Islamic law. It is concentrating on al-qawā‘id alfiqhiyyah, not al-qawā‘id al-usūliyyah (hermeneutic principles). After dealing with the concept of qawā‘id and its importance in Islamic law, the paper presents a historical overview of the development of qawā‘id literature in four Sunni schools of law. The evolution of the genre is examined in three periods: the formative period second/eighth–fourth/tenth centuries), the self-contained compilation period (fourth/tenth–tenth/sixteenth centuries), and the post-compilation period (tenth/sixteenth– thirteenth/nineteenth centuries).The paper concludes with a list of traditional and modern qawā‘id works.

Postmodern and Social Problems of Cities

2018 ◽  
Vol 931 ◽  
pp. 765-769 ◽  
Author(s):  
Gennady V. Sorokin ◽  
Tatyana I. Eroshenko ◽  
Alexander V. Fedoseenkov ◽  
Alexander V. Malyshev
Keyword(s):  
Social Economic ◽  
Social World ◽  
The Self ◽  
General Level ◽  
Theoretical Studies ◽  
Demographic Structure ◽  
End Of History ◽  
Single Tooth ◽  
The Social ◽  
The Subject

Today it is possible to speak about a postmodern sociology. It is based on the number of provisions reflecting the general level of social and humanitarian knowledge as well the provisions formulated on the ground of the theoretical studies analysis on postmodernism performed. In its diverse manifestations the postmodern paradigm essentially turns into an independent cognitive and theoretical-ideological entity that influences mainly the development of the already existing sociological concepts and arises their new models or modalities. The mono-city is the element of the self-organising social being fabric that is the subject of social synergies. The cognitive and heuristic element of joining social, economic and political problems and the prospects for the development of single-tooth cities can be classified as "fractal". The social world consists of many things that are the processes of formation, and in fact are fractals. The degradation of modern Russia in the social, political and economic sense is an indicator of the destruction of single-tooth cities in the conditions of the modern socio-demographic structure within the framework of the postmodern "end of history".

scholarly journals LIMINAL CRAFT, EXCEPTIONAL LAW: PRELIMINARY NOTES ON MIDWIVES IN MEDIEVAL ISLAMIC WRITINGS

2010 ◽  
Vol 42 (2) ◽  
pp. 202a-202a ◽  
Author(s):  
Avner Giladi
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
Minor Role ◽  
Ongoing Research ◽  
Legal Rules ◽  
Legal Texts ◽  
History Of ◽  
Ambivalent Attitude ◽  
The Moment ◽  
A Minor

In this article, the first fruit of an ongoing research on the sociocultural history of midwifery in medieval Muslim societies, I trace the attitudes toward midwives as revealed in Arabic biographical, medical, and legal texts. These texts, the product of male scholars, mirror an ambivalent attitude toward midwives: a mixture of repressed admiration, open repulsion, and fear. Thus, midwives are almost totally absent from Islamic scriptures, and Muslim writers make them play only a minor role in biographical and hagiographic literature, where the midwives of the Prophet's family are consciously or unconsciously “blocked” from becoming mythological figures. Women, sometimes hesitatingly identified as midwives, nevertheless played a role through their very presence at the moment of the Prophet's birth. In a storylike manner, they set an example for the implication of the legal rules concerning the midwife's exceptional status as a witness in court, rules that were formulated and consolidated in the formative period of Islamic law side by side with the traditions on the Prophet Muhammad's birth.

scholarly journals "The City as Muse": A Context-Oriented Meta-Historical Reading of Toyin Falola's A Mouth Sweeter than Salt

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Ibrahim A. Odugbemi
Keyword(s):  
Life Writing ◽  
The Self ◽  
The Other ◽  
Self Awareness ◽  
Self Image ◽  
The Subject ◽  
The Common ◽  
Prose Literature ◽  
The City

A number of scholarly and critical arguments have explored the poetics of nonfiction, otherwise called life writing, as a sub-genre of prose literature. Against the common expectation of a detailed concentration on facts about the subject (the self or the other) which has made nonfiction to be seen in some quarters as a concern of history, such critical arguments have shown that this genre has its peculiar, predominant pattern and structure, which make it arguably a concern of the literary enterprise. A part of such argu­ments theoretically postulates that nonfiction is a meta-history, based on its identification of some textual and contextual properties and patterns of narra­tion which transform the life account of the self or other into a meta-historical (and not historical) expression, and therefore makes such writing a concern of literature. In extension of this argument, this paper examines Toyin Falola's memoir, A Mouth Sweeter than Salt, as a genre of life writing and, especially, a form of autobiography, by showing how the setting, Ibadan, in its cultural and social formations, is depicted as having contributed to the self-awareness, self-image and identity of the subject, and how this reflection makes the nar­rative a meta-historical expression.

The Safeguarded Self

Dialogue ◽  
1995 ◽  
Vol 34 (1) ◽  
pp. 45-60
Author(s):  
Amy Mullin
Keyword(s):  
The Self ◽  
Philosophical Tradition ◽  
The World ◽  
The Subject ◽  
The Common

Nietzsche writes about the common temptation to take the capacity for consciousness as constituting the “kernel of man; what is abiding, eternal, ultimate, and most original in him. One takes consciousness for a determinate magnitude. One denies it growth and intermittences. One takes it for the ‘unity of the organism’.” The very description of the nature of this unified organism is indicative of reasons one might wish to believe in it. It is “abiding” and “eternal.” Nothing in the world poses a threat to its existence or survival. This temptation and Hegel's complicated response to it are the subject of this essay. In particular I will investigate the accuracy of Adorno's claims that Hegel is untrue to his own insights into the dialectical nature of the self, and that Hegel's self-betrayal is due to the the fact that “like Kant and the entire philosophical tradition including Plato, Hegel is a partisan of unity.”

scholarly journals The Rule of St. Benedict and Modern Liberal Authority

2010 ◽  
Vol 2 (1) ◽  
pp. 65-84
Author(s):  
Linda Zagzebski
Keyword(s):  
The Self ◽  
Sixth Century ◽  
Common Assumption ◽  
First Order ◽  
Authority Structure ◽  
Joseph Raz ◽  
The Subject ◽  
The Common ◽  
The Individual

In this paper I examine the sixth century Rule of St. Benedict, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that pre-modern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the first order beliefs for the sake of which authority is sought by the individual, and the degree of trust between the authority and the subject. 

Self-Portrait

2017 ◽  
pp. 105-124
Author(s):  
Gian Maria Annovi
Keyword(s):  
Modern Art ◽  
The Self ◽  
Abstract Art ◽  
Self Image ◽  
Theoretical Perspectives ◽  
Common Notion ◽  
The Subject ◽  
The Common

Pasolini’s less well-studied paintings and drawings, particularly his self-portraits, are the subject of chapter Four. I provide new critical and theoretical perspectives on his visual work and follow its development in parallel with Pasolini’s other creative endeavors, interpreting them as one way of delineating an public authorial performance. I analyze Pasolini’s drawing as wounded self-portrait, that is the graphic manifestation of a torn self-image, produced by the violent clash with society. In Chapter Four, I also look at Pasolini’s relationship to abstract art, focusing on the parallels between his cinema and his experimentation with materials and forms in painting. Challenging the common notion of Pasolini’s hatred for modern art, I argue that in his portraits and self-portraits, he actually used abstraction to deform or disfigure the self, as a result of the pressure of history and society. Finally, in this chapter I consider some of Pasolini’s photographic portraits as a part of his authorial self-fashioning, and as a necessary component of his multimedia practice and his authorial performance during the last phase of his career.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

ОЦІННО-МОТИВАЦІЙНИЙ КОМПОНЕНТ РЕФЛЕКСИВНОЇ КОМПЕТЕНТНОСТІ ОСОБИСТОСТІ

1970 ◽  
Vol 6 (1) ◽  
pp. 202-214
Author(s):  
Олена Савченко
Keyword(s):  
Internal Structure ◽  
Cognitive Complexity ◽  
Basic Feature ◽  
The Self ◽  
Reflective Activity ◽  
Conflict Situations ◽  
Life Tasks ◽  
Self Development ◽  
The Subject ◽  
Favorable Conditions

У статті розглядається рефлексивна компетентність як інтегративне особистісне утворення, що формується в ході набуття суб’єктом рефлексивного досвіду при застосуванні різних форм рефлексивної активності, спрямованих на розв’язання визначених рефлексивних задач. У структурі рефлексивної компетентності оцінно-мотиваційний компонент виконує наступні функції: оцінку форм рефлексивної активності та її результатів, прогнозування можливих змін у процесі розв’язування проблемно-конфліктних ситуацій, визначення пріоритетних завдань подальшого розвитку себе як суб’єкта рефлексивної активності. На когнітивному рівні функціонує система критеріїв оцінювання власних форм рефлексивної активності, яка характеризується ступенем когнітивної складності, що відображає рівень диференціації та інтеграції системи. Функціонування оцінно-мотиваційного компонента на метакогнітивному рівні забезпечує система здібностей до прогнозування власної активності. Особистісний рівень представлений системою життєвих задач на саморозвиток, які стимулюють суб’єкта докладати зусилля щодо розвитку в себе певних якостей, формування певних вмінь та знань. Розрізненість елементів компонента є індикатором незавершеності процесу формування його внутрішньої структури, низький рівень інтеграції окремих складових не дозволяє системі ефективно компенсувати недорозвинені елементи. Найбільшу вагу у внутрішній структурі оцінно-мотиваційного компонента має показник сформованості системи здібностей до прогнозування власної активності, що підтверджує системотвірну функцію структур метакогнітивного рівня. In the article the reflective competence is seen as an integrative personal formation which develops in the process of acquiring of the reflective experience, when the subject is using various forms of the reflective activity for the solving of specific reflective tasks. In the structure of the reflective competence the value-motivational component performs such functions: an evaluation of forms of the reflective activity and its results, a prediction of the possible changes in the process of solving of the problem-conflict situations, a determining of the priorities for further development of himself as a subject of the reflective activity. The system of the criteria of an evaluating of the reflective activity`s forms functions on the cognitive level of the reflective competence. The level of the cognitive complexity is the basic feature of this system. The predictive abilities` system, that allows to form the expectations of the activity`s results, presents the value-motivational component on the metacognitive level. The system of the life tasks for the self-development, which stimulates the subject to make efforts to develop his own qualities, to form specific skills and knowledge, functions on the personal level. The fragmentation of the elements is an indicator of the incompleteness of the formation of the internal structure of the value-motivational component. The low level of integration of the separate elements does not allow effectively to compensate the functioning of the unformed elements of the system. The index of the formation of the abilities to predict his own activity has the greatest meaning in the internal structure of the value-motivational component. These data confirm the hypothesis about the system-forming function of the metacognitive structures that unite other structures. Thus the development of the predictive abilities will promote the increase of the abilities to the prediction of the others` behavior. An adequate assessment of other people significantly reduces the inconsistency of his own expectations and estimations of others. The development of the predictive abilities creates favorable conditions for the formation of the life tasks for the self-development to increase their value in the system of other tasks

Psychological barriers of the initial stage of professional activity of the self–employed

2020 ◽  
Author(s):  
Ekaterina Galkina ◽  
Keyword(s):  
Individual Case ◽  
Professional Culture ◽  
The Self ◽  
Entrepreneurial Activity ◽  
Professional Activity ◽  
Interpretive Phenomenology ◽  
Financial Responsibility ◽  
Psychological Barriers ◽  
Initial Stage ◽  
The Subject

The problem of the study is that it is not sufficiently studied what psychological barriers people face at the initial stage of professional activity as self-employed. The aim of the study is to study the features of psychological barriers at the initial stage of professional activity of self-employed people. Research hypothesis: at the initial stage of professional activity as self-employed people face psychological barriers in the organizational and creative areas of entrepreneurial activity. The problem of psychological barriers was considered in their works by S. Rubinstein, N. Podymov, I. Pavlov, R. Shakurov and others. The article formulates particular definitions of the main concepts. Methodology: analysis of an individual case using interviews with processing in the framework of interpretive phenomenology. Respondent: female, 34 years old, self-employed as a psychologist for 1 year. Results: psychological barrier of accepting financial responsibility, barrier of adherence to a certain professional culture, barrier of competence in the profession. Certain psychological barriers can arise in connection with certain underlying medical conditions. The conclusions are that psychological barriers are a complex mental education, can be overcome in stages, and motivation of the subject is important for overcoming barriers.

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