Philosophiae Doctor - PhD / The year 1924, which coincided with the fall of the Ottoman Caliphate and more recently, the Arab Spring which started in Tunisia in December 2010, and spread across much of north Africa and parts of the Middle East, has captured the attention of worldwide audiences, but also policy makers from the West to relook at the masses in the Muslim world as not politically acquiescent, even ignorant, but also, and more importantly as to which forms of government these regions would adopt, secular or Shari‘ah based (Islamic Law), or a combination of the two. The proposed research will examine and compare the views of the Shī‘i Iranian leader Ayatollah Ruhollah Khomeini and Egyptian Sunni intellectual and Muslim Brotherhood ideologue, Sayyid Quţb regarding the form of government and its source of authority. Both scholars agreed on the sovereignty of the Sharỉ‘ah. Khomeini stressed the centrality of the establishment of an Islamic government and the concept of Wilāyat al-faqīh in his book of Ḥukūmah al-Islamiyyah (Khomeini, undate). Therefore, Khomeini’s doctrine of Wilāyat al-faqīh argues that the government should be run in accordance with the Shari‘ah. For this to happen, a high-ranking cleric (Islamic jurist) should provide political guardianship over the people in the absence of and until the reappearance of the Hidden Imām. Sayyid Quţb stressed the establishment of an Islamic society before attempting to codify the Sharī‘ah (Quţb, 1981:76). His writing on politics and government does not lay out a comprehensive plan for Islamic governance. He does however; provide a foundation and three sub-principles that help determine its powers and structure. He declared that the foundation of Islamic political rule is Ulūhiyya (servitude) and Al-ḥākimiyya (sovereignty of Sharī‘ah) of Allah. This means that the Islamic government is the rule of God (Loboda, 2004: 25) Furthermore, Quţb, argues that Islam does not provide man with sovereignty, but Allah (God) is the only sovereign. In addition, he clarifies that an Islamic form of government itself is not divine as past Christian governments considered their kings to be divinely ordained. Instead, any rule with reference to Al-ḥākimiyya and based on three subprinciples is Islamic rule (Quţb, 1993). The three sub-principles for Islamic political rule indicated by Sayyid Quţb are as follows. Firstly, the rulers should be just. Secondly, the people should be obedient to the ruler as long as he submits to the sovereignty of Allah and implements the Sharī‘ah. Thirdly, there should be consultation between the rulers and the community. However Sayyid Quţb does not indicate a clear method of consultation between the ruler and the people. Instead, he leaves it up to the local conditions of the community. In the third principle, Quţb indicated that the importance of consultation encompasses the entire concept of Islamic rule and Muslim community life (Quţb, 1993:45). This means Sayyid Quţb "indirectly states that rulers should be elected by democratic vote" (Loboda. 2004:28).

「シャリーアの目的」論は、啓示による定めのない事柄についての行為規範を導き出すための理論として10世紀に誕生したが、今日では、時代の変化に応じて柔軟にシャリーアを解釈するための理論と目されている。イスラームの伝統的な価値観と国際人権法が衝突する問題の一つに信教の自由が挙げられるが、この問題について近代以降の「シャリーアの目的」論者たちは革新的な解釈を提唱してきた。彼らによれば、クルアーンはイスラーム国家の枠内で信教の自由を保証している。しかし、イスラーム的な信教の自由と西洋的なそれは同一ではなく、前者を後者に近づけようとすれば、啓示に反する解釈が必要になる。そのような解釈を正当化するため、「シャリーアの目的」論者たちは、儀礼行為(イバーダート)に関する規範と社会行為(ムアーマラート)に関する規範を区別し、後者の可変性を主張することがある。この区別は、彼らが言うように、中世においても認められていた。だが、近代以降の「シャリーアの目的」論は、中世のものに比べ、啓示と理性の役割分担を曖昧にする傾向がある。 / The theory of maqāṣid al-sharī‘ah, born in the 10th century as a theory about how to know rules that are not explicitly given by God or the Prophet, is considered today as a theory about adapting interpretation of sharī‘ah to the needs of the times. Modern and contemporary reformers who adopt this theory have been presenting fresh interpretations with regard to freedom of religion, which is among issues about which Islamic traditional values contradict international human rights law. According to these reformers, the Qur'ān teaches that freedom of religion should be protected within the framework of an Islamic state. Yet the Islamic version of freedom of religion is not the same as its Western version, and therefore, if they try to make the former more similar to the latter, they cannot help going against the scriptural texts. They occasionally do so, maintaining that sharī‘ah's rules relating social acts (mu‘āmalāt), rather than devotional acts (‘ibādāt), are changeable. As they say, the distinction between ‘ibādāt and mu‘āmalāt has been acknowledged by Muslim jurists since the Middle Ages. In recent times, however, the theory of maqāṣid al-sharī‘ah tends to be less clear about what to do with conflicts between divine revelation and human reason than it used to. / 博士(一神教研究) / Doctor of Philosophy in Monotheistic Studies / 同志社大学 / Doshisha University

The boundaries of normative Islam are critically explored in this thesis, which presents a translation of the most important aspects of a modern study on bid‘ah (heretical innovation), by the late Egyptian Reformist Scholar, Shaykh Muhammad al-Ghazālī (1917 – 1996). The translator’s introduction contextualizes the life and work of the author and also briefly locates this particular study within the broader framework of classical and contemporary writings on the subject of bid‘ah. Only the book’s introduction, first three chapters (constituting the theoretical spine of the original work), and conclusion are translated. The first chapter is an introductory excursus into Islamic law, necessary to enable the reader to grasp the legal debate on bid‘ah. The second chapter casts a wider net, examining the influence of foreign elements upon Islamic thought, while the third chapter deals specifically with the topic of bid‘ah. The short conclusion reaffirms the importance of normative Islamic practice. / Religious Studies and Arabic / M.A. (Arabic)

This thesis is a translation of a chapter that examines the role of Muslim women in politics during the early Islamic period and their engagement with religious and political discourses. This subject raises a combination of provocative challenges for Islamic discourse as Muslim women have had a complex relationship with their religious tradition dating back to the very inception of Islam. Despite Qur’ānic injunctions and Prophetic affirmations of the egalitarian status of Muslim women, social inequality and injustice directed at women remains a persistent problem in Muslim society. In the translated text Abū Shaqqah goes about re-invoking the normative tradition in order to affirm the role of Muslim women in politics. Furthermore the translation is prefaced by a critical introduction outlining the contours of the 20th century landscape, which attempts to describe the struggle of Muslim women in Abū Shaqqah’s time. / Religious Studies and Arabic / M.A. (Arabic)

The boundaries of normative Islam are critically explored in this thesis, which presents a translation of the most important aspects of a modern study on bid‘ah (heretical innovation), by the late Egyptian Reformist Scholar, Shaykh Muhammad al-Ghazālī (1917 – 1996). The translator’s introduction contextualizes the life and work of the author and also briefly locates this particular study within the broader framework of classical and contemporary writings on the subject of bid‘ah. Only the book’s introduction, first three chapters (constituting the theoretical spine of the original work), and conclusion are translated. The first chapter is an introductory excursus into Islamic law, necessary to enable the reader to grasp the legal debate on bid‘ah. The second chapter casts a wider net, examining the influence of foreign elements upon Islamic thought, while the third chapter deals specifically with the topic of bid‘ah. The short conclusion reaffirms the importance of normative Islamic practice. / Religious Studies and Arabic / M.A. (Arabic)