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Alluded meaning of a legislative text (isharat al-nass) in the hanafi school of law 哈纳菲法学院立法文本(isharat al-nass)的暗指意义
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.31
Šukrija Ramić
This paper examines the Hanafi scholars’ approach to the alluded meaning(isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part ofthe paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the concept of allusion in the Hanafi Schoolfrom the linguistic and terminological point of view. Providing the examplesof alluded meaning we show the way in which the Hanafis used alludedmeanings in their argumentation. We also elaborate on the status of isharatal-nass in the Hanafi Madhab, and the way of giving preference in case ofcontradiction between isharat al-nass and ibarat al-nass. At the end of thepaper we provide the conclusions derived from the study.
本文考察了哈纳菲学者对立法文本的隐含意义(isharat al-nass)的研究方法,以及这种方法对哈纳菲学者通过伊智提哈德(ijtihad)衍生的法律规范的影响。本文首先从语言学和术语学的角度探讨了立法文本中可能存在的语篇暗示(al-dalalat)问题,然后从语言学和术语学的角度探讨了哈纳菲学派的典故概念。通过提供暗示意义的例子,我们展示了哈纳菲派在他们的论证中使用暗示意义的方式。本文还详细阐述了在《汉纳菲法典》中的地位,以及在《汉纳菲法典》和《汉纳菲法典》之间出现矛盾时给予优先考虑的方法。在论文的最后,我们给出了研究的结论。
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引用次数: 0
BOG KAO BITAK U ISLAMSKOJ FILOZOFIJI
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.259
Hasan Džilo
Rethinking the Act of Being has been a central issue for Islamic philosophers. They have considered that the Act of Being is God, that it is another name for God. Supporting the metaphysics of the Act of Being, or the metaphysics of Essence, the Islamic philosophers have identified the Act of Being with reality or on the other hand Essence with reality. They have been talking about the truth above all truths, about Essence above all essence, about the Act of Being, emphasizing God’s absoluteness and transcendence in all respects. Al-Kindi started this discussion in Islamic philosophy, and it was later deepened in the studies by Al-Farabi, Ibn Sina, Ibn Rushd, Mulla Sandra Shirazi, whose metaphysics branched out depending on the approach to this thematic issue. However, the metaphysics of the Act of Being prevails, especially in the views presented by Ibn Sina, Ibn Rushd and Mulla Sandra Shirazi.
重新思考存在的行为一直是伊斯兰哲学家的核心问题。他们认为存在的行为就是上帝,是上帝的另一个名字。为了支持存在行为的形而上学或本质的形而上学,伊斯兰哲学家们将存在行为与现实或本质与现实等同起来。他们一直在谈论真理高于一切真理,本质高于一切本质,存在的行为,强调上帝在各方面的绝对性和超越性。Al-Kindi在伊斯兰哲学中开始了这一讨论,后来在Al-Farabi, Ibn Sina, Ibn Rushd, Mulla Sandra Shirazi的研究中得到了深化,他们的形而上学根据对这一主题问题的处理方法进行了分支。然而,存在行为的形而上学盛行,特别是在伊本·西纳、伊本·拉什德和穆拉·桑德拉·谢拉兹提出的观点中。
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引用次数: 0
PRUŽANJE PODRŠKE DJECI NAKON GUBITKA BLISKE OSOBE
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.185
Almira Isić-Imamović
The objective of the paper is to indicate the ways of giving psychological support to children after they experience the loss of a close person, such as a parent, a grandparent, a brother, a sister, a friend, their friend’s parent, a teacher or some other adult person or a child they know. Children’s understanding of death is associated with their age and a level of cognitive development. Children’s reactions to the loss are numerous, from anxiety, vivid memories of the past loss, sleeping disorders, sadness and longing for the lost person, anger, quilt and self-reproach for the loss to physical disorders and learning difficulties. For children, as well as for adults, the mourning process might be very difficult and painful. However, if adults help them in an adequate way to accept the loss emotionally and cognitively, it will be less painful and without consequences for their subsequent development.
这篇论文的目的是指出在儿童失去亲人后给予他们心理支持的方法,这些亲人包括父母、祖父母、兄弟、姐妹、朋友、朋友的父母、老师或其他成年人或他们认识的孩子。儿童对死亡的理解与他们的年龄和认知发展水平有关。儿童对失去亲人的反应是多种多样的,从焦虑、对过去失去亲人的生动记忆、睡眠障碍、对失去亲人的悲伤和渴望、对失去亲人的愤怒、被被子和自责到身体障碍和学习困难。对于孩子和成年人来说,哀悼的过程可能是非常困难和痛苦的。然而,如果成年人以适当的方式帮助他们在情感上和认知上接受损失,这将减少痛苦,并且不会对他们的后续发展产生影响。
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引用次数: 0
MJESTO ŠERIJATSKOG NASLJEDNOG PRAVA KOD BOSANSKOHERCEGOVAČKIH MUSLIMANA U PROŠLOSTI I SADAŠNJOSTI
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.67
Ajdin Huseinspahić
The main objective of the present paper is to point to the distinctiveness of the tolerant Bosnian legal climate in which for centuries different legal solutions originating from different legal systems have been provided. Thus, in Bosnia and Herzegovina one might encounter equal private law institutes relying simultaneously on Roman-Germanic legal solutions as well as on the solutions inherent to the Sharia legal system. With respect to such a tolerant society from the legal point of view, the focus of our study is to analyze the legal status of Muslims in Bosnia and Herzegovina in terms of succession from the Ottoman occupation of medieval Bosnia up to the present days. With regard to the fact that each religious community applies and promotes universal values, Muslims as members of the Islamic community have lived their lives for centuries in accordance with the religious worldviews and universal Islamic values. However, many legislators have shown completely different attitude toward this fact. While some have fully respected the principle of personal validity of norms, the others have totally suppressed every particularity and diversity in the regulation of not only legal relations in respect of succession but of all other social relations and phenomena.
本文件的主要目的是指出宽容的波斯尼亚法律气氛的独特性,在这种气氛中,几个世纪以来提供了源自不同法律制度的不同法律解决办法。因此,在波斯尼亚-黑塞哥维那,人们可能会遇到同样依靠罗马-日耳曼法律解决办法和伊斯兰教法制度固有解决办法的私人法律机构。从法律的角度来看,对于这样一个宽容的社会,我们研究的重点是分析穆斯林在波斯尼亚和黑塞哥维那的法律地位,从奥斯曼帝国占领中世纪波斯尼亚到现在的继承。关于每个宗教团体都适用和促进普世价值的事实,穆斯林作为伊斯兰社会的成员,几个世纪以来一直按照宗教世界观和普世的伊斯兰价值观生活。然而,许多立法者对此表现出完全不同的态度。虽然有些国家充分尊重规范的个人有效性原则,但另一些国家则完全压制了不仅对继承方面的法律关系而且对所有其他社会关系和现象的法律关系的规定中的每一种特殊性和多样性。
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引用次数: 0
SAVREMENE LINGVISTIČKE TEORIJE I TIPOVI PREVOĐENJA
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.337
Amrudin Hajrić
This paper is devoted to the process of translation and some of its aspects, such as the key factors involved in the process as well as its different dimensions and perspectives. When translating, the preference is usually given to only one of the factors involved in the translation process, which eventually determines the mode of translation as well as the type of eventual translation. Although many tend to criticize some of the types and kinds of translation, different approaches to translation might be justified by different communicative purposes and needs and also by the fact that different groups of readers have different requirements regarding translation. Trying to describe the nature of translation, scholars offer a number of diverse theories and definitions, some of which will be mentioned in the present paper pointing out the fact that each of them, in some way, might be related to one of the aforementioned types and kinds of translation.
本文探讨了翻译过程及其各个方面,包括翻译过程中涉及的关键因素以及翻译过程的不同维度和视角。在翻译时,通常只对翻译过程中涉及的一个因素给予优先考虑,这最终决定了翻译的方式以及最终翻译的类型。尽管许多人倾向于批评某些类型和类型的翻译,但不同的翻译方法可能是合理的,因为不同的交际目的和需要,也因为不同的读者群体对翻译有不同的要求。为了描述翻译的本质,学者们提出了许多不同的理论和定义,其中一些将在本文中提到,并指出它们中的每一个都可能在某种程度上与上述翻译的一种类型和种类有关。
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引用次数: 0
ŠEJHOVI MEHMED-EFENDIJE HANDŽIĆA
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.97
Halil Mehtić
December 2016 marks the 110th anniversary of the birth of one of the most eminent Bosnian alims ofthe twentieth century, Mehmed effendi Handžić. With respect to the fact that he has been the subject of interest in many works and studies, this paper aims at pointing to one segment of his life, unexplored so far. Namely, when discussing Mehmed effendi Handžić’s education and professors from whom he learned only their names are mentioned while no specific details about them are tackled. Hafiz Mehmed effendi Traljić, in his book Distinguished Bosniaks, presents, among others, the biographies of Bosnian alims from whom Handžić gained basic elementary and high school knowledge. However, Mehmed effendi Handžić gained a profile of an alim, which made him recognizable, just after studying at the prestigious Cairo University, Al-Azhar University. Therefore, besides his hard work, ambition and giftedness his success might be attributed to the sheikhs from whom he learned daily and with whom he spent his time. In addition to some of the most prominent muderrises from Bosnia and Herzegovina, in this paper, for the first time in the Bosnian language, we will present the biographical data of some of his most distinguished sheikhs, who had a strong impact on him in aspects of both science and organization.
2016年12月是20世纪最杰出的波斯尼亚政治家之一穆罕默德·埃芬迪Handžić诞辰110周年。鉴于他在许多著作和研究中都是人们感兴趣的主题,本文旨在指出他一生中迄今未被探索的一部分。也就是说,在讨论穆罕默德·埃芬迪Handžić的教育和他所学习的教授时,只提到了他们的名字,而没有涉及他们的具体细节。Hafiz Mehmed effendi traljiki在其著作《杰出的波斯尼亚人》(Distinguished Bosniaks)中,除其他外,介绍了波斯尼亚难民的传记,Handžić从中获得了基本的小学和高中知识。然而,穆罕默德·埃芬迪Handžić在著名的开罗大学爱资哈尔大学(Al-Azhar University)学习后,获得了一个alim的形象,这使他能够被认出来。因此,除了他的勤奋、雄心和天赋之外,他的成功可能要归功于他每天向他学习并与他共度时光的酋长们。除了来自波斯尼亚和黑塞哥维那的一些最杰出的穆斯林之外,在本文中,我们将首次以波斯尼亚语介绍他的一些最杰出的酋长的传记资料,这些酋长在科学和组织方面对他产生了强烈的影响。
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引用次数: 0
RUKOPISI TEDŽVIDA U GAZI HUSREV-BEGOVOJ MEDRESI
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.145
Safet Husejnović
Since the time of the Last Revelation the first Muslims dedicated much attention to the correct recitation of the Qur’an. The Prophet of Allah, Muhammad, peace be upon him, personally used to send the Qur’an reciters to some provinces with the task to teach others the correct recitation of the Qur’an. With respect to this, tajweed is a scientific discipline that studies the phonetics of the Qur’an. Since the advent of Islam up to the present days scientific Muslim circles all around the world have properly understood the importance of this discipline. This resulted in extensive literature almost in all languages, spoken by numerous Muslim nations. We are also among them, since a few manuscripts and textbooks from this field have been published in our language. Unfortunately, some of the manuscripts have disappeared, while some have never been found and examined. In this paper we study and analyze several tajweed manuscripts which can be found in the Gazi Husrev-bey Madrasah in Sarajevo.
自从《最后的启示》时代以来,第一批穆斯林非常重视正确诵读《古兰经》。安拉的先知,穆罕默德,愿主福安之,曾亲自派遣古兰经背诵者到一些省份,教导其他人正确背诵古兰经。关于这一点,tajweed是一门研究《古兰经》语音的科学学科。自从伊斯兰教出现至今,世界各地的穆斯林科学界都正确地理解了这门学科的重要性。这导致了大量的文学作品,几乎用所有的语言写成,被许多穆斯林国家使用。我们也在其中,因为这个领域的一些手稿和教科书已经用我们的语言出版了。不幸的是,一些手稿已经消失,而一些手稿从未被发现和检查过。本文研究和分析了在萨拉热窝加兹哈兹夫贝伊伊斯兰学校发现的几份塔伊weed手稿。
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引用次数: 0
NACIONALNA ORIJENTACIJA ALIJE NAMETKA I NJENA REFLEKSIJA NA NAMETKOV ODNOS PREMA JEZIKU
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.315
Amina Pehlić
The purpose of the current paper was to investigate in detail Alija Nametak’s (1906–1987) national orientation expressed in his literary works, and to analyze the circumstances leading to such an orientation as well as its reflection on Nametak’s attitude toward language, particularly with regard to his nomination of language and attitude toward language variations. The research encomapasses the author’s literary works, on the basis of which the corpus comprising texts of different stylistic affiliation was made. The following research methods were used: a descriptive method, a method of content analysis and a method of comparative analysis of texts by Nametak. It is concluded that Nametak’s pro-Croat orientation was a result of the socio-political situation of the time, while on the other hand, his association with Bosnia, with the Muslim cultural circle and Islam present the main determinants of his real identity, of which he was profoundly aware, but which due to the socio-political context was not possible to embrace by a Bosniak national name. It is also concluded that in the use of language variations Nametak did not consistently opt for the west (Croatian) variant forms (although the pro-Croat national orientation and language nomination using the attribute Croatian bound him to be more open toward linguistic varieties considered Croatian compared to those marked as Serbian), but in many cases he gave preference to the forms common in the standard language in Bosnia and Herzegovina at the time. Some forms (such as the pronoun who), which Nametak over time accepted as a feature of his idiom, are now seen as marked in his language, since they do not present commonly used language forms in Bosnia and Herzegovina.
本文的目的是详细考察Alija Nametak(1906-1987)在其文学作品中所表达的民族取向,并分析导致这种取向的环境,以及它对Nametak对语言的态度的反映,特别是他对语言的提名和对语言变化的态度。该研究涵盖了作者的文学作品,并在此基础上建立了包含不同风格隶属关系文本的语料库。本文采用了以下研究方法:描述法、内容分析法和Nametak文本比较分析法。结论是,Nametak的亲克罗地亚倾向是当时社会政治局势的结果,而另一方面,他与波斯尼亚、与穆斯林文化圈和伊斯兰教的联系是他真正身份的主要决定因素,他对此有深刻的认识,但由于社会政治背景,不可能用波斯尼亚民族的名字来包含这一点。还可以得出结论,在使用语言变体时,Nametak并没有一贯地选择西方(克罗地亚)变体形式(尽管亲克罗地亚的民族取向和使用克罗地亚属性的语言提名使他对被认为是克罗地亚语的语言变体比那些被标记为塞尔维亚语的语言变体更开放),但在许多情况下,他更倾向于当时波斯尼亚和黑塞哥维那标准语言中常见的形式。随着时间的推移,Nametak接受了一些形式(如代词who)作为他的习语的特征,现在在他的语言中被视为标记,因为它们在波斯尼亚和黑塞哥维那不常用的语言形式。
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引用次数: 0
Subjects of guardianship of a minor's property in sharia law and family law of the Federation of Bosnia and Herzegovina 波斯尼亚-黑塞哥维那联邦伊斯兰教法和家庭法中未成年人财产监护的主题
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.47
Nedim Begović
The research examinesthe subjects of guardianship of a minor’s property inthe Sharia Law and the Family Law of the Federation of Bosnia and Herzegovina. The main purpose of the study is to determine the extent to which thenormative solutions regarding the subjects of guardianship of a minor areconvergant or divergant in the two legal systems. After the term guardianship is defined and its role is discussed, we proceed with a thorough analysisof the subjects of guardianship: a ward, the Guardianship Authority and aquardian. The special attention is given to the analysis of the conditions andcriteria for performing duties of a guardian. The question whether being aguardian is voluntarily based or it is a legal duty is treated carefully. In theprocess of research and writing up the current paper the following methodswere used: an analytical-synthetic method and a comparative method. Wehave reached the conclusion that the two legal systems are compatible withregard to the conceptual definition and theoretical explanation of the purpose of guardianship as well as in with regard to the standardization of workcapacity, the ability to perform duties of a guardian and ethical standardsbeing a prereguisite for a quardian. The differences appear in relation to thescope of a guardian’s protection, the concept of the Guardianship Authority,the inclusion of religious criteria in or its exclusion from the requirementsfor a quardian, and the way in which a guardian of the property is determined.
本研究考察了伊斯兰教法和波斯尼亚和黑塞哥维那联邦家庭法中未成年人财产监护的主题。本研究的主要目的是确定两种法律制度中关于未成年人监护主体的刑法解决方案在多大程度上趋同或不同。在定义了监护一词并讨论了监护的作用之后,我们继续对监护的主体进行全面分析:被监护人、监护当局和监护人。特别注意对监护人履行职责的条件和标准的分析。作为监护人是自愿的还是一项法律义务的问题被谨慎对待。在研究和撰写本论文的过程中,使用了以下方法:分析综合法和比较法。我们认为,两种法系在监护目的的概念界定和理论解释上,以及在工作能力、监护人履行职责的能力和作为监护人的先决条件的道德标准等方面都是一致的。这些差异体现在监护人的保护范围、监护当局的概念、将宗教标准纳入或排除在监护人的要求之外,以及确定财产监护人的方式。
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引用次数: 0
KOGNITIVNI STILOVI KOD STUDENATA RAZLIČITIH STUDIJSKIH ORIJENTACIJA
Pub Date : 2016-12-15 DOI: 10.51728/issn.1840-4448.2016.14.165
Anela Hasanagić, Yusra Ozcan
Cognitive style refers to a special, relatively consistent and stable manner in which one perceives the environment, interacts with it, masters learning, creates concepts, thinks and eventually makes decisions. In the current paper we use the model by Keen (1973) and Botkin (1974), according to which there are two main styles: systematic (deep approach) and intuitive style (surface approach). The study aims to examine whether and to what extent individual’s cognitive styles affect the decision making when it comes to a career choice, i.e. a field of study. Participants in the research were 153 students, from three fields of study: engineering, humanities, business and management. The Cognitive Styles Inventory by Martin L. P. (1998) was used as an instrument in the present study. The results show that the humanities students obtained statistically significantly higher score on the scale of intuitive style compared to the management and engineering students (F = 5,472, p < 0,005). Also the results indicate that there is a statistically significant but low correlation between intuitive cognitive style and academic success, operationalized as grade point avarage(r = 0,184*). No significant gender differences were found.
认知风格是指人们感知环境、与环境互动、掌握学习、创造概念、思考并最终做出决策的一种特殊的、相对一致的、稳定的方式。在本文中,我们使用Keen(1973)和Botkin(1974)的模型,根据该模型,有两种主要风格:系统(深层方法)和直觉风格(表面方法)。这项研究的目的是考察个人的认知风格是否以及在多大程度上影响了职业选择(即研究领域)的决策。这项研究的参与者是153名学生,他们来自工程、人文、商业和管理三个学习领域。本研究采用Martin L. P.(1998)的认知风格量表作为研究工具。结果显示,人文专业学生在直观风格量表上得分显著高于管理专业和工科专业学生(F = 5,472, p < 0.005)。结果还表明,直觉认知风格与学业成功之间存在统计学上显著但较低的相关性(r = 0,184*)。没有发现显著的性别差异。
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引用次数: 0
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