تقديم المفضول على الفاضِل في باب أفعال المكلَّفين، أسبابه وضوابطه

2020 ◽  
pp. arabic cover-english cover
Author(s):  
آمنة نزار قاسم الشيخ

تُعَدّ هذه الدراسة (تقديم المفضول على الفاضل) المبنيّة على المنهَج الوصفي الاستنباطي، من الدّراسات الخادمة لفقه الواقع القائمِ على آليّة الموازنة والتنسيق بين الاقتضاءين الأصلي والتبعي. وتسعى إلى تبيين مسألة عدول المكلّف عن الفاضل المفضّل في ميزان الشّرع إلى المفضولِ في ميزانه الأفضلِ بحقّه، وقد بيّنت أنه يرجع إلى أربعة أسباب: الخصوصية النّصيّة، وفيه أنّ النّصّ يُملي تقديم المفضول عندَه على وجه الوجوب أو النّدب. والعوامل الظّرفيّة، وفيه أنّ الزّمان والمكان يُمليان على المكلف العمل بالمفضول لضيق الحيّز مع اتّساع حيّز الفاضل. واقتران الفاضل بمفسدةٍ راجحة، وهي العجزُ عن أدائه، أو صعوبة الإتيان به، أو لزوم الإخلال بالعبادة إذا تعيّن، وكونه ذريعةً إلى مفسدةٍ أكبر، وغير ذلك من المفاسد. واقتران المفضول بمصلحةٍ راجحة، كزيادة الانتفاع بالعبادة، ومناسبة المفضول المقامَ كمقام البِرّ ومقام القُدوة وغيرهما.. ثُمّ بعدَ بسطِ الأسباب سِيقَت جملةٌ من الضّوابط التي تحكم عمليّة التّفضيل، ومنها التحقق من ثبوت مشروعيّة الحُكمِ، وازدواجيّة تحقيق المناط بين المفتي والسائل، والتنبيه على هذا العارض الطارئ، وغير ذلك.. وخلصت الدراسة إلى نتائج أهمّها أنّ معيار الأفضليّة يحكمه واقع المرء، وأوصت بالعناية بهذا النوع من الفقه في رصيد المفتي، وضبطه أكثر من خلال الدراسات المعمقة. كلمات مفتاحيّة الفاضل - المفضول - الأفضل - التفضيل - التقديم - المصلحة - الواقع - الموازنة Abstract The research mainly adopts the descriptive/ deductive methodology. It employs a realistic, juristic approach into attaining a balanced view of what’s “honorable” vs ““the Virtuous” through explaining the reasons of preferring the virtuous to the “honorable” deed in the original concept of Islamic legislation. The research attributes this to the mechanics of the text itself; which means that the text states the utter preference of the virtuous either as mandatory or optional, depending occasional circumstances such as time or place obligations. Reasons can also include if the honorable is associated with an evident sin, breaching of worshiping or corruption. Same applies if it is connected with potential hardship. On the other hand, of the virtuous is preferred if it is believed to be coupled with a preponderant interest such as sound worshiping and righteousness. The research then states three other factors governing the preference process, namely: the verification of the legitimacy of judgment, the binary relationship of the Mufti and the fatwa seeker, in addition to the emergency of the situation. The research concludes to the importance played by the reality of Fatwa situation in deciding what to prefer. It also recommends more investigations of those Fatawa in future studies.

During the last few years of his life Prof. Simon Newcomb was keenly interested in the problem of periodicities, and devised a new method for their investigation. This method is explained, and to some extent applied, in a paper entitled "A Search for Fluctuations in the Sun's Thermal Radiation through their Influence on Terrestrial Temperature." The importance of the question justifies a critical examination of the relationship of the older methods to that of Newcomb, and though I do not agree with his contention that his process gives us more than can be obtained from Fourier's analysis, it has the advantage of great simplicity in its numerical work, and should prove useful in a certain, though I am afraid, very limited field. Let f ( t ) represent a function of a variable which we may take to be the time, and let the average value of the function be zero. Newcomb examines the sum of the series f ( t 1 ) f ( t 1 + τ) + f ( t 2 ) f ( t 2 + τ) + f ( t 3 ) f ( t 3 + τ) + ..., where t 1 , t 2 , etc., are definite values of the variable which are taken to lie at equal distances from each other. If the function be periodic so as to repeat itself after an interval τ, the products are all squares and each term is positive. If, on the other hand, the periodic time be 2τ, each product will be negative and the sum itself therefore negative. It is easy to see that if τ be varied continuously the sum of the series passes through maxima and minima, and the maxima will indicated the periodic time, or any of its multiples.


Author(s):  
Vadim Markovich Rozin

The article covers the two main topics: the characteristics of three key stages of studying art by the author, and a brief summary of the original concept of art proposed as a result of this study. Leaning on the concept of art of L. S. Vygotsky, the author offers the own approach towards studying art. Firstly, art is viewed in comparison with dreams, communication and play, analyzing the role of these processes and semiotic means played in relation to ordinary life. The article introduces the idea of artistic reality, which manifests as a continuation of ordinary life, allowing to realize in a semiotic form the desires (psychic programs) that are blocked in ordinary life; and such realization suggest living through the events set by the specific semiosis of art and conditionality. Secondly, the author describes the results of the genesis of art. In the course of analysis, emphasis is place on the three central topics:: 1) establishment of the semiosis of art based on the semiosis formed in ordinary life; 2) formation of recreation sphere, within which art is being formed; 3) philosophical “conceptualization” of art in the antique culture, which characterizes art as an independent sphere of life, unlike other spheres. Thirdly, art and artistic reality are viewed as a peculiar type of communication. The author believes that both, the artist (writer, composer) and the viewer (reader, listener), on the one hand, create and reconstruct artistic reality (and there is not always a coincidence), while on the other hand, to one or another extent, they take into account each other's communicative abilities and competencies. The conclusion is made that art is determined by conceptual space, the coordinates of which indicate the representations of artistic reality, artistic communication, life patterns in art, conceptualization of art and its development.


2020 ◽  
Vol 1 (2) ◽  
pp. 107-123
Author(s):  
Farid Pribadi

This article discusses the symbiotic relationship of mutualism between mass media andterrorism. Whether we realize it or not, acts of terrorism in the homeland are still interestingand economically valuable news material in front of the mass media. On the other hand, onthe part of terrorists, the news about terrorist acts actually becomes a strategic campaignarea to show their existence. The research uses a qualitative approach to narrative analysismethod. The results of the study are www.okezone.com and www.tribunnews.com placingthe terror terror events in Medan Mapolrestabes as interesting and economically valuablenews material. The style of the news flow is arranged with a choice of tense, dramatic andsensational nuances of words. In addition, the display of photo and video illustrationsshortly after the explosion also aims to display as if the news of the explosion event is true,not engineering, objective and valid. The combination technique of choice of words, storyline, placement techniques and the size of photos and videos all aim to make the emotions ofthe reader participate dissolved in a tense situation as the situation at the scene of theexplosion. The practice of compiling this kind of news flow is called, as Jean Baudrillard'spractice of simulation. The practice of simulation through the practice of compiling newslines and the touch of visual image technology will eventually create conditions ofhyperreality. Namely the conditions between reality will be mixed with the pseudo so it isdifficult to distinguish which is original and fake. Next, the airing of a list of victims ofunknown origin will actually give birth, as Pierre Bourdie calls it symbolic violence. That is,the practice of violent symbols aimed no longer at the physical target but rather consciousthoughts. Symbolic violence in the appearance of the victim list really has the potential tocreate traumatic feelings towards the families of the victims.


2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.


1979 ◽  
Vol 25 (2) ◽  
pp. 180-203 ◽  
Author(s):  
B. C. Johanson

I Corinthians xiv. 20–25 has long posed severalcruces interpretationisfor commentators. The basic problems concern the relationship of the assertions made about tongues and prophecy in υ. 22 to the quotation of Isa. xxviii. 11–12 in υ. 21 and to the illustrations concerning tongues and prophecy in υυ. 23–5. As to the quotation, J. Ruef remarks that most commentators admit to the difficulty of seeing how it substantiates Paul's conclusion that tongues are meant as a sign for the unbeliever. Concerning the illustrations, both J. Héring and J. P. M. Sweet note that in the light of the assertions we would expect them to be the reverse of what they are. While tongues are asserted to be meant as a sign for unbelievers and prophecy for believers, the illustrations depict the negative effect of tongues upon unbelievers and the positive effect of prophecy not on believers but upon unbelievers. The second assertion (υ. 22b) in particular contradicts the second illustration (υυ. 24–5) in that it clearly states that ‘prophecy is meant as a signnot for unbelieversbut for believers’. This is so if σημεĩον is taken in a positive sense. If, on the other hand, it is taken in a negative sense, the logical relation of this second illustration to the second assertion becomes ambiguous.


2021 ◽  
Vol 24 (2) ◽  
pp. 231-246
Author(s):  
Jonathan Jacobs

Abstract This study addresses the views of two Byzantine commentators regarding Targum Onqelos: R. Samuel Roshano of the twelfth century and R. Meyuhas ben Elijah of the thirteenth. R. Samuel explicitly refers to the translation forty-six times; R. Meyuhas makes explicit reference to it 104 times. But there are differences between the two commentators in their relation to the Targum: R. Samuel never mentions the name Onqelos, while R. Meyuhas does so explicitly; R. Samuel systematically cites the text of the Targum, while in most cases in R. Meyuhas’ commentary, there is no accurate citation. The qualitative difference is in their respective relationships with the Targum: all of R. Samuel’s references to it signal his agreement; R. Meyuhas, on the other hand, while frequently agreeing with Onqelos, also brings the Targum as one of two possible alternatives and sometimes openly challenges its interpretation.


2014 ◽  
Vol 4 (2) ◽  
pp. 202 ◽  
Author(s):  
Adeel Meo ◽  
Muhammad Daniyal Abbas ◽  
Muhammad Nadeem Sajjad ◽  
Muhammad Rizwan ◽  
Sayed shahbaz hussain Bukhari ◽  
...  

The main reason of conducting this research was to explore the influence of social surrounding, discount level and buying behavior on sales promotion. The research results found that there was no significant relationship of social surrounding, discount level with sales promotion. But on the other hand buying behavior, free sample, price reduction has a significant relationship with sales promotion. The results of this research paper will help the marketers to understand best promotional techniques to increase significantly in their sales as well as revenues. This research paper also plays a vital role in helping businessmen to develop their business planes more effectively so that they can get the competitive advantage over their competitors and make them able to maximize their profits.In total 180 Questionnaires were distributed by hand in different department of Islamia University of Bahawalpur. Data was feed in SPSS.  This research was done on different sales promotional techniques.Findings shows that different sales promotional techniques have impact on consumer buying behavior and purchase intention for all type of products on the other hand there is no significant effect of discount level and social surrounding on sales promotion.


Parasitology ◽  
2017 ◽  
Vol 145 (6) ◽  
pp. 775-782 ◽  
Author(s):  
F Zélé ◽  
J Denoyelle ◽  
O Duron ◽  
A Rivero

AbstractVertically transmitted parasites (VTPs) such as Wolbachia are expected not only to minimize the damage they inflict on their hosts, but also to protect their hosts against the damaging effects of coinfecting parasites. By modifying the fitness costs of the infection, VTPs can therefore play an important role in the evolution and epidemiology of infectious diseases.Using a natural system, we explore the effects of a Wolbachia–Plasmodium co-infection on mosquito fecundity. While Plasmodium is known to frequently express its virulence by partially castrating its mosquito vectors, the effects of Wolbachia infections on mosquito fecundity are, in contrast, highly variable. Here, we show that Plasmodium drastically decreases the fecundity of mosquitoes by ca. 20%, and we provide the first evidence that this decrease is independent of the parasite's burden. Wolbachia, on the other hand, increases fecundity by roughly 10%, but does not alter the tolerance (fecundity–burden relationship) of mosquitoes to Plasmodium infection.Although Wolbachia-infected mosquitoes fare overall better than uninfected ones, Wolbachia does not confer a sufficiently high reproductive boost to mosquitoes to compensate for the reproductive losses inflicted by Plasmodium. We discuss the potential mechanisms and implications underlying the conflicting effects of these two parasites on mosquito reproduction.


2016 ◽  
Vol 5 (2-3) ◽  
pp. 136-152
Author(s):  
Akira Nishimura

This paper asks whether public commemorations in contemporary Japan are post-secular or not. More precisely, it investigates the postwar history of the relationship between such commemorations and the principle of keeping religion and government separate, as embodied in the constitution. Referring to several contemporary cases, I provide an overview of the discourses and actual conditions of the separation of religion and state at Chidorigafuchi National Cemetery (Chidorigafuchi Kokuritsu Senbotsusha Boen 千鳥ヶ淵国立戦没者墓苑) and Yasukuni Shrine (Yasukuni Jinja 靖国神社). In conclusion, I point out on one hand that the non-denominational expressions seen in Chidorigafuchi and other facilities show a distinctive kind of religious expression. On the other hand, I underscore that the excessive avoidance of religious participation by government officials derives from the Yasukuni issue and related legal trials. I explain the relationship of those phenomena in terms of two types of secularization: natural secularization and artificial secularization.


1997 ◽  
Vol 10 (2) ◽  
pp. 173-178 ◽  
Author(s):  
Drew S. Mendoza ◽  
Sharon P. Krone

A business-owning family and a soon-to-be-wed couple often face two mutually exclusive goals that seem impossible to reconcile. On the one hand, a couple considering marriage wants to believe that love alone will keep them together. On the other hand, statistics today say there is a good chance the relationship will not last. A prenuptial agreement provides the protection an individual or the family may want against a possible divorce, but the process by which the document is introduced and negotiated can deplete the relationship of intimacy. How can a woman from a wealthy business-owning family express and reinforce the emotional commitment and trust she has for her partner while presenting a prenuptial agreement] How can a son administer a prenuptial agreement to his fiancee without controlling the process or outcome of his spouse's financial welfare] How can a family require a prenuptial agreement without jeopardizing their future relationship with the newlyweds] In the following interview, Judy Barber, a consultant and licensed marriage and family counselor specializing in the psychology of money, outlines several recommendations for families and couples who are considering a prenuptial agreement.


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