Thesis (M.A.). / Written for the Institute of Islamic Studies. Title from title page of PDF (viewed 2008/09/29). Includes bibliographical references.

Thesis (Ph.D.) - University of Glasgow, 1987. / Ph.D. thesis submitted to the Department of Public International Law, Faculty of Law, 1987. Includes bibliographical references. Print version also available.

Thesis (Maste). / Includes bibliographical references and sources (p. 63-67).

Originally presented as the author's thesis (Ph. D.)--University of California, Los Angeles, 1990. / Indonesian and English. Translation of: Fatwās of the Council of Indonesian Ulama; with original English version following. English t.p. [iii]: Fatwas of the Council of Indonesia[n] Ulama : a study of Islamic legal thought in Indonesia, 1975-1988 / by Mohammad Atho Mudzhar. Includes bibliographical references (p. 147-157, 127-137 [2nd numeration]).

Thesis (doctoral)--Jāmiʻat al-Qāhirah. / Summary in English. Title on added t.p.: The bond of arbitration in Islamic jurisprudence & positive law. Includes bibliographical references (p. 673-786) and index.

Thesis (majistīr)--Jāmiʻat al-Azhar, Cairo. / Includes bibliographical references (p. 815-833).

Originally presented as the author's thesis (Ph. D.)--University of California, Los Angeles, 1990. / Indonesian and English. Translation of: Fatwās of the Council of Indonesian Ulama; with original English version following. English t.p. [iii]: Fatwas of the Council of Indonesia[n] Ulama : a study of Islamic legal thought in Indonesia, 1975-1988 / by Mohammad Atho Mudzhar. Includes bibliographical references (p. 147-157, 127-137 [2nd numeration]).

The thesis examines the development of the concept of Ijmāʻ, consensus, in Imāmī-Shīʻī principles of jurisprudence (uṣūl al-fiqh). In the introduction to the thesis there is an analysis of the concept of Ijmāʻ as generally understood in Islamic jurisprudence and a discussion of the approach adopted in the thesis as well as a general outline of the literature involved. The introduction also outlines the background to Imāmī Shīʻī jurisprudence during the time of the presence of the Imāms and the period immediately after the greater occultation of the Twelfth Imām. The main body of the thesis analyses the available major texts written by Imāmī-Shīʻī Uṣūli scholars from the time of al-Shaykh al-Mufid (413/1022) to the end of the nineteenth century with a brief discussion of the views of some recent Imāmī Shīʻī scholars. From the outset a difference of emphasis can be observed between scholars who argue in favour of a major role for reason, such as al-Sharīf al-Murtaḍā (436/1044) and those in favour of a greater reliance on Traditions from the Prophet and the Imāms, which is moderately represented by al-Shaykh al-Ṭūsī (459/1067). The subsequent generations of scholars refined and further defined these concepts. In particular, in opposition to the movement in favour of general adherence to the Traditions, there arose from the proponents of the use of uṣūl al-fiqh a definition which gave much greater scope to the use of reason and the continuing guidance of the Twelfth Imām. The latter proposition reached its final form in Imām-Shīʻī uṣūl al-fiqh at the end of the nineteenth century in Kifayat al-uṣūl by Muḥammad Kāẓim al-Khurāsānī. Finally, there is a brief examination of the work of some recent scholars and a conclusion to the thesis.

Text in Arabic without English summary / Religious Studies and Arabic / D. Lit. et Phil. (Islamic Studies)

In certain contemporary Muslim majority states apostasy and blasphemy are not merely religious sins; they are acts which potentially have legal, or extra-legal, consequences. Although apostasy has not been criminalised in many such states, extrajudicial killings of apostates are carried out by some extremist groups and individuals. Such groups always justify these murders of fellow Muslims and non-Muslims on the grounds of apostasy and blasphemy. The concept and use of takfir (excommunication) is also a serious issue in Muslim majority states. Groups such as Daesh (also known as Islamic State of Iraq and Syria) rely on takfir to attack fellow Muslims, despite there being no legal basis in Shari’a for the use of takfir or for criminalising apostasy. Although the concept was developed by people, not God, takfir are now being used to bypass rational human judgement. Their use plays a major role in many of the religious issues confronting Muslim majority states, such as the criminalisation of apostasy and blasphemy. This thesis analyses the central issues of apostasy, blasphemy and takfir collectively, as their history and their contemporary use and misuse by extremist groups are inextricably entwined. The key finding is that the right to punish apostasy and blasphemy and to issue declarations of excommunication (takfir), all originally reserved in Islam for God only, have been appropriated by man. Through developments in the understandings of these concepts, all three have come to be seen by some scholars and ordinary believers as a ‘right of man’. This evolution in interpretation and in application is inconsistent with Shari’a law.