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Independent Legal Reasoning in Islamic Law
Ijtihad (Arabic: اجتهاد ijtihād, [ʔidʒ.tihaːd]; lit. physical or mental effort) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a mujtahid. Throughout the first five Islamic centuries, the practice of ijtihad continued both theoretically and practically amongst Sunni Muslims. The controversy surrounding ijtihad and the existence of mujtahids started, in its primitive form, around the beginning of the sixth/twelfth century. By the 14th century, development of Sunni jurisprudence prompted leading Sunni jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted. In the modern era, this gave rise to a perception among Western scholars and lay Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the jurists prevented Muslims from reaching any consensus(Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad, which they saw as a return to Islamic origins. Public debates in the Muslim world surrounding ijtihad continue to the present day. The advocacy of ijtihad has been particularly associated with Islamic modernist and Salafiyya movements. Among contemporary Muslims in the West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical methodology. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydi jurisprudence, the early Imami Shia were unanimous in censuring Ijtihad in the field of law (Ahkam). After the Shiite embracal of various doctrines of Mu'tazila and classical Sunnite Fiqh (jurisprudence), this led to a change. After the victory of the Usulis who based law on principles (usul) over the Akhbaris ("traditionalists") who emphasized on reports or traditions (khabar) by the 19th century, Ijtihad would become a mainstream Shia practice.
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  • 22 Nov 2022
Topic Review
Bodhi
The English term enlightenment is the western translation of the abstract noun bodhi, (/ˈboʊdi/; Sanskrit: बोधि; Pali: bodhi), the knowledge or wisdom, or awakened intellect, of a Buddha. The verbal root budh- means "to awaken," and its literal meaning is closer to "awakening." Although the term buddhi is also used in other Indian philosophies and traditions, its most common usage is in the context of Buddhism. The term "enlightenment" was popularised in the Western world through the 19th century translations of Max Müller. It has the western connotation of general insight into transcendental truth or reality. The term is also being used to translate several other Buddhist terms and concepts, which are used to denote (initial) insight (prajna (Sanskrit), wu (Chinese), kensho and satori(Japanese)); knowledge (vidhya); the "blowing out" (Nirvana) of disturbing emotions and desires and the subsequent freedom or release (vimukti); and the attainment of supreme Buddhahood (samyak sam bodhi), as exemplified by Gautama Buddha. What exactly constituted the Buddha's awakening is unknown. It may probably have involved the knowledge that liberation was attained by the combination of mindfulness and dhyāna, applied to the understanding of the arising and ceasing of craving. The relation between dhyana and insight is a core problem in the study of Buddhism, and is one of the fundamentals of Buddhist practice. In the western world the concept of (spiritual) enlightenment has taken on a romantic meaning. It has become synonymous with self-realization and the true self and false self, being regarded as a substantial essence being covered over by social conditioning.
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  • 22 Nov 2022
Topic Review
Pseudophilosophy
Pseudophilosophy (or cod philosophy) is a philosophical idea or system which does not meet an expected set of standards.
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  • 22 Nov 2022
Topic Review
New Christian
New Christian (Spanish: cristiano nuevo; Portuguese: cristão-novo; Catalan: cristià nou) was a law-effective and social category developed from the 15th century onwards, and used in what is today Spain and Portugal as well as their New World colonies, to refer to Sephardi Jews and Muslims ("Moors") who had converted to the Catholic Church, often by force or coercion. It was developed and employed after the Reconquista of the Iberian Peninsula by the Catholic Monarchs. By law, the category of New Christian included not only recent converts, but also all their known baptized descendants with any fraction or quantum of New Christian blood up to the fourth generation, and then in Phillip II's reign it included any person with any fraction of New Christian blood "from time immemorial". In Portugal, it was only in 1772 that Sebastião José de Carvalho e Melo, 1st Marquess of Pombal, finally decreed an end to the legal distinction between New Christians and Old Christians.
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  • 21 Nov 2022
Topic Review
Jews
Jews (Hebrew: יְהוּדִים‎ ISO 259-2 Yehudim, Israeli pronunciation [jehuˈdim]) or Jewish people are members of an ethnoreligious group and a nation originating from the Israelites and Hebrews of historical Israel and Judah. Jewish ethnicity, nationhood, and religion are strongly interrelated, as Judaism is the ethnic religion of the Jewish people, although its observance varies from strict to none. Jews originated as an ethnic and religious group in the Middle East during the second millennium BCE, in the part of the Levant known as the Land of Israel. The Merneptah Stele appears to confirm the existence of a people of Israel somewhere in Canaan as far back as the 13th century BCE (Late Bronze Age). The Israelites, as an outgrowth of the Canaanite population, consolidated their hold with the emergence of the kingdoms of Israel and Judah. Some consider that these Canaanite sedentary Israelites melded with incoming nomadic groups known as 'Hebrews'. Though few sources mention the exilic periods in detail, the experience of diaspora life, from the Babylonian captivity and exile to the Roman occupation and exile, and the historical relations between Jews and their homeland thereafter, became a major feature of Jewish history, identity and memory. In the millennia following, Jewish diaspora communities coalesced into three, major ethnic subdivisions according to where their ancestors settled: Ashkenazim (Central and Eastern Europe), Sephardim (initially in the Iberian Peninsula), and Mizrahim (Middle East and North Africa). Prior to World War II, the worldwide Jewish population reached a peak of 16.7 million, representing around 0.7 percent of the world population at that time. Approximately 6 million Jews were systematically murdered during the Holocaust. Since then the population has slowly risen again, and (As of 2018) was estimated at 14.6–17.8 million by the Berman Jewish DataBank, less than 0.2 percent of the total world population.[note 1] The modern State of Israel is the only country where Jews form a majority of the population. It defines itself as a Jewish and democratic state in the Basic Laws, Human Dignity and Liberty in particular, which is based on the Declaration of Independence. Israel's Law of Return grants the right of citizenship to Jews who have expressed their desire to settle in Israel. Despite their small percentage of the world's population, Jews have significantly influenced and contributed to human progress in many fields, both historically and in modern times, including philosophy, ethics, literature, politics, business, fine arts and architecture, music, theatre and cinema, medicine, and science and technology, as well as religion; Jews authored the Bible, founded Early Christianity and had a profound influence on Islam. Jews have also played a significant role in the development of Western Civilization.
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  • 21 Nov 2022
Topic Review
Avesta
The Avesta (/əˈvɛstə/) is the primary collection of religious texts of Zoroastrianism, composed in the Avestan language. The Avesta texts fall into several different categories, arranged either by dialect, or by usage. The principal text in the liturgical group is the Yasna, which takes its name from the Yasna ceremony, Zoroastrianism's primary act of worship, and at which the Yasna text is recited. The most important portion of the Yasna texts are the five Gathas, consisting of seventeen hymns attributed to Zoroaster himself. These hymns, together with five other short Old Avestan texts that are also part of the Yasna, are in the Old (or 'Gathic') Avestan language. The remainder of the Yasna's texts are in Younger Avestan, which is not only from a later stage of the language, but also from a different geographic region. Extensions to the Yasna ceremony include the texts of the Vendidad and the Visperad. The Visperad extensions consist mainly of additional invocations of the divinities (yazatas), while the Vendidad is a mixed collection of prose texts mostly dealing with purity laws. Even today, the Vendidad is the only liturgical text that is not recited entirely from memory. Some of the materials of the extended Yasna are from the Yashts, which are hymns to the individual yazatas. Unlike the Yasna, Visperad and Vendidad, the Yashts and the other lesser texts of the Avesta are no longer used liturgically in high rituals. Aside from the Yashts, these other lesser texts include the Nyayesh texts, the Gah texts, the Siroza, and various other fragments. Together, these lesser texts are conventionally called Khordeh Avesta or "Little Avesta" texts. When the first Khordeh Avesta editions were printed in the 19th century, these texts (together with some non-Avestan language prayers) became a book of common prayer for lay people. The term Avesta is from the 9th/10th-century works of Zoroastrian tradition in which the word appears as Zoroastrian Middle Persian abestāg, Book Pahlavi ʾp(y)stʾkʼ. In that context, abestāg texts are portrayed as received knowledge, and are distinguished from the exegetical commentaries (the zand) thereof. The literal meaning of the word abestāg is uncertain; it is generally acknowledged to be a learned borrowing from Avestan, but none of the suggested etymologies have been universally accepted. The widely repeated derivation from *upa-stavaka is from Christian Bartholomae (Altiranisches Wörterbuch, 1904), who interpreted abestāg as a descendant of a hypothetical reconstructed Old Iranian word for "praise-song" (Bartholomae: Lobgesang); but this word is not actually attested in any text.
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  • 21 Nov 2022
Topic Review
Catholic Church and Politics
Catholic Church and politics aims to cover subjects of where the Catholic Church and politics share common ground.
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  • 21 Nov 2022
Topic Review
Allegory in the Middle Ages
Allegory in the Middle Ages was a vital element in the synthesis of biblical and classical traditions into what would become recognizable as medieval culture. People of the Middle Ages consciously drew from the cultural legacies of the ancient world in shaping their institutions and ideas, and so allegory in medieval literature and medieval art was a prime mover for the synthesis and transformational continuity between the ancient world and the "new" Christian world. People of the Middle Ages did not see the same break between themselves and their classical predecessors that modern observers see; rather, they saw continuity with themselves and the ancient world, using allegory as a synthesizing agent that brings together a whole image.
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  • 21 Nov 2022
Topic Review
Shafa'ah
Shafa'ah (Arabic: شفاعه, "intercession"; Turkish: şefaat; Urdu: shafaat‎), in Islam is the act of pleading to God by an intimate friend of God (Muslim saint) for forgiveness. Shafa' a close meaning to Tawassul, which is the act of resorting to intimate friends of God to ask forgiveness. The word Shafa'ah is taken from shaf (شَّفْعُ) which means even as opposed to odd. The interceder, therefore, adds his own recommendation to that of petitioner so that the number of pleaders becomes even. Meaning the weak plea of the petitioner become strong by the prestige of the intercessor. Accordingly, Shafa'ah is a form of prayer to request God by the sake of those who are near to Him in order that as a member of the believing community one could hope for the intercession of the intercessors and hence deliverance from eternal damnation though not necessarily from temporary one. Shafa'ah has lately come to be among the most controversial concepts within Islamic thought. This is because some verses of the Quran negate it, if taken into consideration alone, stating that no intercession would be accepted in the day of resurrection. However, some other verses confirm it declaring that only God has the right to intercede in the next life. Finally, a third kind of verses state that some people have the authority to intercede by permission of God. Wahhabies, taking the first two kinds of these verses as true, believe that there is no intercessor but Allah, and say that whoever believes in intercession of anyone other than God is not a Muslim, rather is a polytheist (heretic). Others believe that while intercession should not be a means of emboldening people to committing sins, it should be considered as a ray of hope which lead sinners to the right path after they have wronged themselves. Belief in the intercession of Muhammad developed after his death by both Sunnis and Shiites, however among the Shiite the idea of mediation was extended to include The Twelve Imams and other intimate friends of God too.
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  • 21 Nov 2022
Topic Review
Proto-Romanian Language
Proto-Romanian (also known as "Common Romanian", româna comună or "Ancient Romanian", străromâna, Balkan Latin) is a hypothetical and unattested Romance language evolved from Vulgar Latin and considered to have been spoken by the ancestors of today's Romanians and related Balkan Latin peoples (Vlachs) before c. 900 (7th–11th century AD). In the 9th century Proto-Romanian already had a structure very distinct from the other Romance languages, with major differences in grammar, morphology and phonology and already was a member of the Balkan language area. Most of its features can be found in the modern Balkan Romance languages. It already contained around a hundred loans from Slavic languages, including words such as trup (body, flesh), as well as some Greek language loans via Vulgar Latin, but no Hungarian and Turkish words as these nations had yet to arrive in the region. According to the Romanian theory, it evolved into the following modern languages and their dialects: The first language that broke the unity was Aromanian, in the 9th century, followed shortly after by Megleno-Romanian. Istro-Romanian was the last to break the link with Daco-Romanian in the 11th century. The place where Proto-Romanian formed is still under debate; most historians put it just to the north of the Jireček Line. See: Origin of Romanians. The Roman occupation led to a Roman-Thracian syncretism, and similar to the case of other conquered civilisation (see Gallo-Roman culture developed in Roman Gaul), had as final result the Latinization of many Thracian tribes which were on the edge of the sphere of Latin influence, eventually resulting in the possible extinction of the Daco-Thracian language (unless, of course, Albanian is its descendant), but traces of it are still preserved in the Eastern Romance substratum. From the 2nd century AD, the Latin spoken in the Danubian provinces starts to display its own distinctive features, separate from the rest of the Romance languages, including those of western Balkans (Dalmatian). The Thraco-Roman period of the Romanian language is usually delimited between the 2nd century (or earlier via cultural influence and economic ties) and the 6th or the 7th century. It is divided, in turn, into two periods, with the division falling roughly in the 3rd to 4th century. The Romanian Academy considers the 5th century as the latest time that the differences between Balkan Latin and western Latin could have appeared, and that between the 5th and 8th centuries, the new language, Romanian, switched from Latin speech, to a vernacular Romance idiom, called Română comună.
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  • 21 Nov 2022
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