scholarly journals Musicking and Islamic Law as a Problem of Methodology

2021 ◽  
pp. 256-283
Author(s):  
G.B. Shamilli ◽  
Keyword(s):  
Islamic Law ◽  
Modern Science ◽  
Arabic Language ◽  
Legal Power ◽  
Arab Muslim ◽  
Historical Phenomenon ◽  
The Russian Empire ◽  
Theoretical Thinking ◽  
Muslim Culture ◽  
Historical Nature

The issue of music and Islamic law is considered in the aspect of the methodology due to the proper Arabic language picture of the world and mechanisms of theoretical thinking classical Arab-Muslim culture. The author clarifies that the procedure of inference in Islamic law did not concern music or musicians, but the actions of a person playing/listening music. On the grounds that legal power was epistemic, concentrated in the hands of private lawyers, there was no single center in Arab-Muslim culture from which the legislative decision regarding musicking/listening would extend to the entire Islamic world. The situation is different in the Russian Empire and the post-Soviet states, where, despite the external similarity with classical Islam, the attitude of a lawyer and a person who plays/listens music, for reasons of a cultural and historical nature, is built according to a hierarchical system of values and requires separate study without mechanically equating one historical phenomenon with another. It is shown that the contrarian dichotomy ‘permitted — forbidden — neutral’ appeared in modern science as a result of the universalist approach, did not take place in the legal field of the Arab-Muslim culture, which developed its own system of evaluating actions. The lawyer made a judgment, or ‘branch’, based on the basis-‘root’, which served as the textually fixed Koran and Sunnah, as well as the procedures of unanimous judgment and co-measurement, while the judgments themselves on the same fact could be contrastingly opposite, depending on the characteristics of the legal schools.

scholarly journals Pilgrimage Stories at the turn of two eras (travel diaries by Shikhabuddin Marjani and Abdullah Munshi)

2021 ◽  
Vol 4 (2) ◽  
pp. 489-503
Author(s):  
L. V. Goriaeva
Keyword(s):  
Southeast Asia ◽  
Middle Eastern ◽  
Modern Science ◽  
Arabic Language ◽  
Russian Empire ◽  
New Method ◽  
Literary Language ◽  
Language Understanding ◽  
Travel Diaries ◽  
The Russian Empire

The article deals with pilgrimage stories of two prominent Islamic figures, the Malay writer, publisher and teacher Abdullah Munshi (1796/7-1854) and the Tatar theologian and educator Shihabuddin Mardjani (1818-1889). Their Hajj travel diaries dating respectively from 1854 and 1880 allow us to reveal the kinship of their views and interests and the dissimilarity of the cultural and confessional contexts in which they lived and worked. For the Muslims of insular Southeast Asia, an equal problem was both comprehension of the subtleties of the Arabic language, understanding the meanings of the Koran - and mastery of the Malay literary language. There were no schools where both of these subjects would be taught, where religious preaching would go hand in hand with the study of secular disciplines and the achievements of modern science, just as it was practised in the so-called “new method” madrasahs of the Russian Empire at the end of the 19th - beginning of the 20th centuries, the herald of which was Shihabuddin Mardjani. Until now, the situation in the Malay world has not changed: the “liberal” Islam is opposed to the “literal” Islam, with its inherent rigorism of the Middle Eastern type.

SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

The Problem of the Formation of Philosophical Prose in Persian

2019 ◽  
Vol 62 (6) ◽  
pp. 126-137
Author(s):  
Tatyana G. Korneeva
Keyword(s):  
Arabic Language ◽  
Point Of View ◽  
Philosophical Tradition ◽  
Alternative View ◽  
Ibn Sina ◽  
Language Of Science ◽  
Persian Language ◽  
Arab Muslim ◽  
History Of ◽  
Philosophical Texts

The article discusses the problem of the formation of philosophical prose in the Persian language. The first section presents a brief excursion into the history of philosophical prose in Persian and the stages of formation of modern Persian as a language of science and philosophy. In the Arab-Muslim philosophical tradition, representatives of various schools and trends contributed to the development of philosophical terminology in Farsi. The author dwells on the works of such philosophers as Ibn Sīnā, Nāṣir Khusraw, Naṣīr al-Dīn al-Ṭūsī, Aḥmad al-Ghazālī, ʼAbū Ḥāmid al-Ghazālī and gives an overview of their works written in Persian. The second section poses the question whether the Persian language proved able to compete with the Arabic language in the field of science. The author examines the style of philosophical prose in Farsi, considering the causes of creation of Persian-language philosophical texts and defining their target audience. The article presents viewpoints of modern orientalist researchers as well as the views of medieval philosophers who wrote in Persian. We find that most philosophical texts in Persian were written for a public who had little or no knowledge of the Arabic language, yet wanted to get acquainted with current philosophical and religious doctrines, albeit in an abbreviated format. The conclusion summarizes and presents two positions regarding the necessity of writing philosophical prose in Persian. According to one point of view, Persian-language philosophical works helped people who did not speak Arabic to get acquainted with the concepts and views of contemporary philosophy. According to an alternative view, there was no special need to compose philosophical texts in Persian, because the corpus of Arabic philosophical terminology had already been formed, and these Arabic terms were widely and successfully used, while the new Persian philosophical vocabulary was difficult to understand.

Philosophcal review of h. white̕s tropological theory in the context of the new philosophy of history

2020 ◽  
Vol 3 (152) ◽  
pp. 92-99
Author(s):  
S. M. Geiko ◽  
◽  
O. D. Lauta
Keyword(s):  
Modern Science ◽  
Historical Knowledge ◽  
Text Organization ◽  
The Social ◽  
History Of ◽  
Actual Material ◽  
The Common ◽  
Historical Nature ◽  
Selection Of

The article provides a philosophical analysis of the tropological theory of the history of H. White. The researcher claims that history is a specific kind of literature, and the historical works is the connection of a certain set of research and narrative operations. The first type of operation answers the question of why the event happened this way and not the other. The second operation is the social description, the narrative of events, the intellectual act of organizing the actual material. According to H. White, this is where the set of ideas and preferences of the researcher begin to work, mainly of a literary and historical nature. Explanations are the main mechanism that becomes the common thread of the narrative. The are implemented through using plot (romantic, satire, comic and tragic) and trope systems – the main stylistic forms of text organization (metaphor, metonymy, synecdoche, irony). The latter decisively influenced for result of the work historians. Historiographical style follows the tropological model, the selection of which is determined by the historian’s individual language practice. When the choice is made, the imagination is ready to create a narrative. Therefore, the historical understanding, according to H. White, can only be tropological. H. White proposes a new methodology for historical research. During the discourse, adequate speech is created to analyze historical phenomena, which the philosopher defines as prefigurative tropological movement. This is how history is revealed through the art of anthropology. Thus, H. White’s tropical history theory offers modern science f meaningful and metatheoretically significant. The structure of concepts on which the classification of historiographical styles can be based and the predictive function of philosophy regarding historical knowledge can be refined.

Unknown Documents of 1734 About Swedish Citizens Taken Into Serfdom

2019 ◽  
pp. 12-19
Author(s):  
Serhii I. Degtyarev ◽  
Violetta S. Molchanova
Keyword(s):  
Social History ◽  
Russian Empire ◽  
District Court ◽  
Peace Agreement ◽  
The Caucasus ◽  
Handwritten Documents ◽  
Ancient Times ◽  
Historical Phenomenon ◽  
State Archives ◽  
The Russian Empire

This work is devoted to the publication and analysis of two previously unknown handwritten documents of 1734. These documents contain information on several persons of Swedish nationality, which were illegally taken out by the Russian nobleman I. Popov during the Northern War from the territory of Sweden. Materials are stored in the State Archives of the Sumy region. They are part of the archival case of Okhtyrka District Court, but they are not thematically connected with it. These documents were once part of a much larger complex of materials. They refer to the request of former Swedish nationals to release them from serfdom from the Belgorod and Kursk landlords Popov and Dolgintsev. The further fate of these people remained unknown. But it is known that they were mistreated by their masters. Russian legislation at the time prohibited such treatment of persons of Swedish nationality. This was discussed in terms of the peace agreement Nishtadskoyi 1721. The two documents revealed illustrate the episodes of the lives of several foreigners who were captured. The analyzed materials give an opportunity to look at a historical phenomenon like a serfdom in the territory of the Russian Empire under a new angle. They allow us to study one of the ways to replenish the serfs. Documents can also be used as a source for the study of some aspects of social history, in biographical studies. The authors noted that the conversion to the property of the enslaved people of other nationalities was a very common practice in the XVII-XIX centuries. This source of replenishment of the dependent population groups were popular in many nations in Europe, Asia and Africa since ancient times. For example, in the Crimean Khanate, Turkey, Italy, Egypt, the nations of the Caucasus and many others. Кeywords: Sweden, Russian Empire, historical source, documents, Russo-Swedish War, Nistadt Treaty, Viborg, Swedish citizens, enslavement, serfdom.

Home for the Homeless? The Hekdesh in Eastern Europe

2018 ◽  
Author(s):  
Natan M. Meir
Keyword(s):  
Late Nineteenth Century ◽  
East European ◽  
Jewish Society ◽  
Jewish Hospital ◽  
Historical Phenomenon ◽  
Polish Jews ◽  
European Jewish ◽  
The Russian Empire ◽  
Structural Poverty ◽  
Social Marginality

This chapter examines the hekdesh, one of the grimmest institutions in East European Jewish society. The hekdesh, or Jewish hospital-cum-poorhouse, is a somewhat elusive historical phenomenon but also a useful venue for analyzing traditional forms of Jewish charity in the Russian Empire as well as the dynamics of social marginality among Russian and Polish Jews. The chapter first considers an important characteristic of Jewish charity—the tendency to distinguish between conjunctural poverty and structural poverty—before discussing the hekdesh as an institution. In particular, it describes efforts to transform the hekdesh into a true medical institution and its incarnation in the late nineteenth century as a place for beggars and other cast-offs of society, with only a nominal connection to caring for the sick. It also explains how the hekdesh may have served to perpetuate the problem of begging and vagrancy.

scholarly journals The psychometric characteristics of the students' metamemory scale

2019 ◽  
Vol 3 (14) ◽  
Author(s):  
Ahmed Ali Al- Maamari ,  Fathi Mohammed Mahmoud
Keyword(s):  
English Language ◽  
Islamic Law ◽  
Pearson Correlation ◽  
Correlation Coefficients ◽  
Language Education ◽  
Arabic Language ◽  
Validity And Reliability ◽  
Psychometric Characteristics ◽  
Alpha Coefficient ◽  
And Control

The topic of metamemory had attracted the attention of many researchers and scholars in the field of educational and cognitive psychology, especially how individuals become aware of and control their memory functions. Therefore, the aim of the present study was to build a psychometric scale/questionnaire for measuring metamemory. The study was conducted among a sample of 200 students joining Sharia/Islamic Law, Arabic Language, Education, English Language, Science, Economics and Management at Al Qassim University. For the purpose of the content validity of the scale, it was verified by the raters’ agreement and the internal consistency of the items of the scale. Pearson correlation coefficient was also used to calculate correlation coefficients between the scores of each item and its dimension to ensure consistency and homogeneity of the items and dimensions of the scale. The correlation coefficients of the items of the scale and the total score of the dimension to which the items belong were all positive correlation coefficients and statistically significant at the level of 0.01, which confirms the consistency and homogeneity of the items of each dimension. The homogeneity of the dimensions of the scale was also verified by calculating Pearson correlation coefficients between the score of each dimension and the overall score of the scale. The reliability of the scale and its sub- dimensions was verified using the α- Cronbach Alpha coefficient. The results showed that the scale and its sub- dimensions had high and statistically acceptable validity and reliability coefficients. Such result indicates that the scale is statistically valid and reliable.    

scholarly journals Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)

2021 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Kadek Leo Byasama Wijaya ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Real Situation ◽  
Trial Process ◽  
Legal Power ◽  
Legal Problems ◽  
Surrounding Environment ◽  
Difference Of Opinion ◽  
Joint Property

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty

scholarly journals ACTIVITIES OF SCHOLARS OF ISLAMIC LAW (FUQAHA) FROM SHASH OASIS IN SCIENTIFIC CENTERS OF THE REGION

2020 ◽  
pp. 4-15 ◽  
Author(s):  
Nematullo Mukhamedov
Keyword(s):  
Cultural Heritage ◽  
Central Asia ◽  
Islamic Law ◽  
Spiritual Life ◽  
Scientific Cooperation ◽  
Cultural Centers ◽  
Historical Processes ◽  
Science And Culture ◽  
The Rich ◽  
Muslim Culture

For centuries, Islamic traditions have contributed to the formation of unique Muslim culture in Central Asia, interwoven with the rich cultural heritage of the peoples of this region. In turn, this affected the spiritual life of society and left a significant mark on the development of various sciences. Uzbekistan and its cities Bukhara, Samarkand, Nasaf (Karshi), Termez, Khiva, Shash (Tashkent), and others, which became famous in the whole Muslim world as leading scientific and cultural centers, occupied a special place in these historical processes. IX-XII centuries in Central Asia is famous for the development of science and culture, especially the Islamic sciences. Consequently, such ancient cities as Bukhara, Samarkand, Nasaf (Karshi), Termez, Khiva, Shash (Tashkent) are known as centers of science and culture in the Islamic world. In particular, in the medieval sources, Tashkent is called as Shash, where many prominent scholars of Islamic sciences such as hadith and jurisprudence came from. IX century is known as the “Golden Age of Fiqh Science (Islamic law)” thanks to the works of the region’s faqih scholars. The article analyzes the activities of medieval (IX-XII) scholars of Shash in the scientific centers of the region. It also explores scientific cooperation between scholars of madrasahs in various scientific cities of the region, such as Samarkand, Bukhara, Nasaf, Termez, Merv, and Baghdad.

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