Research Papers

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Human rights abuses of Muslim minority in Mombasa, Kenya
(INTERNATIONAL JOURNAL OF ISLAMIC THOUGHTS, 2016) Mwamburi, Adam Mwenda Hamisi
Despite Constitutional guarantees, human rights of Muslim minorities in Kenya are being infringed upon by government security agents. This study examines the actual forms human rights violations havetaken place against Muslim minorities in Kenya, in particular Muslims in Mombasa city after 9/11. It further examines the reasons why Muslims in Kenya and Mombasa in particular become the victims of these human rights violations. This study is based upon documentary sources, a series of unstructured interviews with community leaders, defense lawyers, human rights activists and members of human rights organizations. The study found human rights abuses against the Muslim communities in Mombasa after 9/11 being unprecedented. It has taken such forms as, extra-judicial executions of Muslim clerics and activists, forceful disappearances of Muslim terror suspects, arbitrary arrests, raids conducted particularly of Muslim homes, and closing down of mosques in Mombasa by police. Muslim Kenyans are suffering in the hands of the special police unit known as Anti-Terrorist Police Unit (ATPU). Since its creation in 2003, this counter-terrorism branch reportedly committed gross human rights abuses that violated international, regional and domestic laws.
Fundamentals of Valid Marriage in Islamic Law: An Evaluation of Muslim Practices in Nigeria
(Journal of Islamic Law Review,, 2018-12-01) Manswab, Abdulrahman; Abdullahi, Saliu Ishola
It is a well-known fact that, Islamic Law (Shari‘ah) is a complete code of life, which regulates every facet of human endeavors. This is more so with regards to the principles laid down under it to regulate the life of a Muslim family. Thus, for a marriage to be valid under the Shari‘ah, certain requirements must be met. These requirements, though very sacrosanct, are not in any way rigid or burdensome. However, the new trend is that a lot of changes have been introduced in this 21st century to frustrate these requirements, culminating in flagrant abuse of them in various modes. This paper critically appraises the legal requirements of a valid marriage under the Shari‘ah in comparison with the marriage practices among the Muslims in Nigeria. A special attention is given the pre-marriage steps laid down under the Shari‘ah vis-à-vis the popular practice of pre-marriage courtship in the Western world practice has also been embraced by Muslims in the country. The newly introduced and well pronounced celebration of marriage with highly expensive ceremonies as a requirement of marriage among the Nigerian Muslims is equally assessed on the scale of Islamic Law. This study adopts the doctrinal research methodology and jurisprudentially combs all the relevant materials, textually and contextually.
Marriage Customs among Duruma Muslims in Kenya: An Evaluation study in light of the Quran and Sunnah
(Internation Islamic University of Malaysia, 2018-12-01) Zakariya, Luqman; Abdulrahman, Mansab Mahsen
This research elaborates marriage customs relate to Duruma community. The researchers have observed negative impacts to the community as the result of practicing the marriage customs. For instance, the spread of spinsterhood in the society, infection of disease such like HIV, increase in the number of the children born of adultery and a drastic school dropout because of early marriage. They have tended into marry customs such as forbidding a man to marry the sister of his deceased wife as well as his cousins. The research methodology applied in this study is inductive method: the researcher reviewed references and dissertations relating to marriage customs in Duruma tribe. Moreover open –ended questions used during interview to understand the major opinion that relate to the topic of this research. The study concludes with major results as follows: The research reveals that some of the traditions comply with Quran and Sunnah, while some violate it. Lack of knowledge is the major causes of violating.
Distribution of Estate in Islamic Law: A Case Study of Missing Person, Child in the Womb and Hermaphrodite
(Journal of Islamic Studies and Culture, 2020-06-01) Manswab, Abdulrahman
The law of inheritance is associated with calculation and distribution of property of the deceased person. Furthermore, the law prescribes and clarifies who is entitled to inherit; to avoid feuds over the estate of the deceased person. The primary objective of this study is to explore steps of estate distribution and calculating shares of heirs on issues pertaining cases of Mafqud (Missing person), Hamli (Child in the womb) and Hermaphrodite (Khuntha). The science of inheritance involves rules and principle governing the distribution of property using a specific calculation based on Islamic jurisprudence. Besides, the results showed that Muslim Jurists have developed Mathematical formulas on Islamic inheritance to avoid misappropriation of property and guarantees that the right person gets what is rightfully theirs, it also prevents disputes and hostility among family members. The researcher uses the descriptive research method in terms of data collection and relied on information for the literature review.
Higher Education Loans Board in Kenya from the Islamic Sharia Perspective
(International Journal of Islamic Thought, 2020-06-03) Manswab, Mahsen Abdulrahman
Education loans were introduced in 1952 in Kenya under higher education loan fund board (HELF). The number of applicants increased consequently causing problems in provision of loans by the government; in this regard, the government introduced Students Loans Scheme (USLS), which was governed by the Ministry of Education. USLS noted problems in recovering matured loans from the beneficiary. To deal with this problem, in July 1995 the Government of Kenya through Parliament established the Higher Education Loans Board (HELB) to control the Student Loans Scheme. However, due to financial constraints, education loans do not cater for students studying abroad and those on self-sponsored programs. The scheme contains the element of interest which makes the product non sharia compliant, this is the research problem. Therefore, there is a need to seek an Islamic alternative model based on Islamic sharia. The research methodology to be applied in this study is the inductive and descriptive analysis methods. The Islamic alternative model are expected to help Muslims students to finance their higher education without destroying their faith, likewise HELB will continue funding education loan without hardship thus promoting financial system development and investment in human capital.
An Overview of Islamic Sharia Issue Regarding Mobile Money Transaction (Mpesa) In the Republic of Kenya
(Al-Risalah Journal, 2020-08-01) Manswab, Mahsen Abdulrahman; Ali, Hemed Awadh
The paper aims to examine the products of mobile money banking services in Kenya using M-pesa (mobile cash money). This study is based on qualitative research methodology which was used to ensure the objectives were answered progressively. The primary data were collected from the interview process together with the analysis of the related documents. Products such as Okoa Jahazi, Betting, Money transfer and M-Shwari were designed on usury (Riba), uncertainty (Gharar), and duplicate payment to mention but few. The above-mentioned products are not based on equity and not comply with Islamic values and principles. Therefore, the viable alternative model of Islamic finance would be useful to all stakeholders and clients mitigating the issue.
An Analysis of the Causes of Divorce among Muslims in Mombasa County in the Sharia Law Perspective
(International Journal of Islamic Studies and Humanities, 2020-10-21) Manswab, Mahsen Abdulrahman
Divorce is the most hateful action permitted in Islamic law. Islam puts some measures to ensure that the separation of two spouses will not occur. However, on some occasions, dissolution will become necessary because two parties cannot live together in an atmosphere of hatred and disaffection. Recently, cases about the repeal have been increasing rapidly among Muslim society in Mombasa County. This study explores the issues causing divorce among spouses in Mombasa County. The result shows that some of the reasons for divorce are poverty and unemployment, seeking a job overseas, psychological problems, drug addiction, family interference, early and forced marriage, cultural issues, and domestic violence. Questionnaire and Open-ended questions were used involving divorcees as respondents. In addition to that, the researcher reviewed references and studied dissertations relating to divorce.
An Analysis of the Causes of Divorce among Muslims in Mombasa County in the Sharia Law Perspective
(International Journal of Islamic Studies and Humanities, 2020-10-23) Manswab, Mahsen Abdulrahman
Divorce is the most hateful action permitted in Islamic law.Islam puts some measures to ensure that the separation of two spouses will notoccur. However, on some occasions, dissolution will become necessarybecause two parties cannot live together in an atmosphere of hatred and disaffection. Recently, cases aboutthe repealhave been increasing rapidly among Muslim society in Mombasa County. This study explores the issues causing divorce among spouses in Mombasa County. The result shows that some of the reasons for divorce are poverty and unemployment, seeking a job overseas, psychological problems, drug addiction, family interference, early and forced marriage, cultural issues, and domestic violence.Questionnaire and Open-ended questions were used involving divorcees as respondents. In addition to that, the researcher reviewed references and studied dissertations relating to divorce
RULES OF COHABITATION IN ISLAMIC JURISPRUDENCE A COMPARATIVE STUDY WITH DIGO CUSTOMS IN THE REPUBLIC OF KENYA
(International Islamic University Malaysia, 2020-11-02) Manswab, Mahsen Abdulrahman
It is very common to find Digo community practice cohabitation marriage without involving guardian, witness and dowry payment. And the reason for this is that the processes for formal marriage are very complicated and expensive at the sometime. The local Muslims scholars have different opinions regarding this kind of marriage. Both qualitative and quantitative research methods were used to collect data on the investigated domains. The data collected via questionnaire were analysed using SPSS software. Observation method was implemented in order to minimize any shortcoming from mixed methods. The respondents involved were 150 including spouses, council of elders, preachers and imam. The main findings of this study is that paramour marriage is an act of adultery and un-Islamic since it does not fulfill pillar and conditions of Islamic marriage
National Social Security Fund of Kenya: An Assessment from Islamic Jurisprudence
(Islamic Thought and Civilization (JITC), 2021) Manswab, Mahsen Abdulrahman
The social security fund operated as a community collective system prior to the colonial period. The colonial government proposed establishing a provident fund for African workers. They noted that the pension scheme was not favorable because it required the investment of significant resources and subsidies by the government. Following independence, the Kenyan government announced the implementation of social security for its people. The National Social Security Fund (NSSF) was established by an Act of parliament Cap 258 in November 1965, however, contributions began in July 1966 to allow it to operate as the National Provident Fund. Since her independence Kenya has undergone several pension reforms, culminating in the enactment of the NSSF Act in 2013. The pension scheme has received significant attention from the Muslim clerics. Some fatawa have been issued stating that the retirement benefits are not Sharī‘ah compliant. This situation might jeopardize the retirement goal and put the retirees in financial difficulty by denying them their benefits. The main objective of this study is to evaluate the conformity of Sharī‘ah in Kenya’s pension fund operation. Inductive method was used to examine the operational methods of the social security fund from both the perspectives of pension scheme and Islamic jurisprudence in order to mutually integrate them. Likewise, the researchers used the analytical approach to clarify the opinions of the Muslim scholars regarding the pension scheme products and to highlight some areas of inconsistency with Islamic law in order to provide Islamic alternatives. The results showed that pension scheme funds are inconsistent with Islamic law. Therefore, it is recommended for NSSF to open Islamic windows to meet the demands of the Muslim workers seeking Sharī‘ah compliant products/services
THE KENYIAN INTERFAITH COUNCILS GUIDELINES ON THE REOPENING OF CONGREGATION WORSHIP CENTERS DURING COVID-19: A JURISTIC ANALYSIS
(Journal of Fatwa Management and Research, 2021-04-01) Manswab, Mahsen Abdulrahman
The cabinet secretary for health appointed the interfaith council to oversee the Re-opening of the places of worships. On 7th July 2020 the interfaith council released guideline which drew mixed reactions amongst the Muslim clerics and mosques committees; some decided to comply with the guidelines and re-opened their mosques; while others abstained completely from opening the Mosques. The aim of this study is to explore and discuss the restrictions, which raised tension among the Muslim clerics. The research methodology applied is inductive method for collecting data material related to the study, and descriptive and analytical methods to analyze the Kenya interfaith guideline and compare with Islamic jurisprudence in the matters related to performing devotional acts. Lastly, the study is expected to respond to all questions related to "social distancing of 1.5m between worshipers", "minimizing of worshipers attending congregational prayers", "Reduce physical Adhan", "purifying from home", "matter related to children to follow congregation online ", and use of hand sanitizers"
Providing Qard Hasan from Zakat Fund for Non-Recipients of Zakat: A Shariah Analysis Study
(AL-HIKMAH RESEARCH & PUBLICATION CENTER, 2021-06-01) Abdulrahman, Mansab Mahsen; Zakariyah, Habeebullah (Corresponding Author)
Zakat is one of the pillars of Islam, it is considered as Islamic financial system. The paper aims at discussing the opinions of Muslim scholars regarding the permissibility of granting a soft loan from the Zakat sources; by spending their resources in ways that are not specified by the Qur’an, and the Sunnah. The research methodology applied in this paper is analytical and inductive methods which are adopted to study the view of classical and contemporary scholars, and to analyzing the views of advanced and contemporary jurists. Muslim scholars have different opinions regarding the permissibility of granting a soft loan from the Zakat sources based to various doctrines as follows: the first opinion States that it is permissible to grant soft loan using zakat revenues; this opinion was supported by Al-Maududi, Abdulrahman khalaf and Abu-Zuhra among others. The Second opinion says that it is forbidden to grant soft loan using zakat revenues; this was seconded by Rafiq Yunuss, Jadal Al-hāqī and others. The Third opinion states that it is permissible to grant soft loan using zakat revenues with specific conditions. The proponents of this were Abu satar, Muḥāmād Azukheil and among others. The study concludes with major results as follows: It is not permissible to use zakat revenues without specific aims set up for it; because it is violation of the Quranic text and the intent of Islamic Sharia of Zakat expenditures. The paper recommended to Zakat institutions to establish a fund to povide Qard Hasan to non Zakat recipients.
Providing Qard Hasan from Zakat Fund for Non-Recipients of Zakat: A Shariah Analysis Study
(AL-HIKMAH RESEARCH & PUBLICATION CENTER, 2021-06-01) Habeebullah, Zakariyah; Manswah, Mahsen Abdulrahman
Zakat is one of the pillars of Islam, it is considered as Islamic financial system. The paper aims at discussing the opinions of Muslim scholars regarding the permissibility of granting a soft loan from the Zakat sources; by spending their resources in ways that are not specified by the Qur’an, and the Sunnah. The research methodology applied in this paper is analytical and inductive methods which are adopted to study the view of classical and contemporary scholars, and to analyzing the views of advanced and contemporary jurists. Muslim scholars have different opinions regarding the permissibility of granting a soft loan from the Zakat sources based to various doctrines as follows: the first opinion States that it is permissible to grant soft loan using zakat revenues; this opinion was supported by Al-Maududi, Abdulrahman khalaf and Abu-Zuhra among others. The Second opinion says that it is forbidden to grant soft loan using zakat revenues; this was seconded by Rafiq Yunuss, Jadal Al-hāqī and others. The Third opinion states that it is permissible to grant soft loan using zakat revenues with specific conditions. The proponents of this were Abu satar, Muḥāmād Azukheil and among others. The study concludes with major results as follows: It is not permissible to use zakat revenues without specific aims set up for it; because it is violation of the Quranic text and the intent of Islamic Sharia of Zakat expenditures. The paper recommended to Zakat institutions to establish a fund to provide Qard Hasan to non Zakat recipients
Effects Of Maritime Border Conflicts On Kenya-Somali Relations
(International Journal of Scientific and Research Publications, 2021-11-01) Manswab, Mahsen Abdulrahman; Abdifatah, Ibrahim Ahmed; Ndalilah, Joseph
Maritime boarder issues are a source of conflict to the enclosed citizens and a nation at large. This study explored maritime boarder conflict and their impact on Kenya-Somalia relations. It was guided by the specific objectives that are; to investigate the influence of colonial border demarcation on Kenya-Somalia relations; to examine the effects of continental shelf disputes on Kenya-Somalia relations; and to assess the impact of maritime territorial integrity on Kenya- Somalia relations. Theories that underpinned the topic were not limited to realism theory and relative deprivation theory. This research adopted descriptive survey research design. Purposive sampling was used of critical case sampling was used to select officials; hence the sample size determined for this study were 60 officials. The quantitative data was analyzed through the use of descriptive statistics and SPSS, the data was presented in bar charts, pie charts, frequency and percentage tables. The study found that colonial border demarcation were scantly met by the two nations, also the study found that the dispute in the continental shelf has led to poor natural resource management and the territorial integrity are not met due to postponement of dates to the International Court of Justice by the Kenyan Government.
13Vol. 2. No. 1, Januari-Juni 2023 The Influence of Dress Code on the Quality of Higher Education from a Sharia Critical Perspective: A Case Study of Umma University
(Sharia of Faculty Islamic State University, 2023-01-20) Abdulrahman, Manswab Mahsen
Umma University is Kenya’s first Islamic-based university, chartered in 2019, and was founded to improve access towards quality higher education for diverse individuals, cultures and communities. Subsequently, the university received many students from different religions, communities, and cultures, some of whom have violated the dress code initiated by the university. This is the research problem. This study’s main objective was to explore the causes of indecent dressing among the students as well as to enhance the culture of proper dressing in higher learning institutions in general and at Umma University in particular. The study will use both quantitative and qualitative research methods. Open-ended questions were used. In addition to that, a questionnaire will be used, involving 103 students as representative respondents. The researcher will review references and study dissertations relating to dress code. The findings show that the most prominent factor of indecent dress is “freedom of choice” (68%), followed by the negative influence by foreign cultures through social media (66%), implementing dress codes doesn’t solve genuine problems in the university (57%), peer pressure (57%), and there is no specific penalty in the dress code (51%), among others. Therefore, it is recommended to amend the student dress code in the student information handbook 2020 while creating more awareness of the dress code through the use of announcements on notice boards and other means in strategic locations across the university premises.
About Scholarly Works in the Field of Islamic Economic Law: A Visualization of Related Topics
(Jurnal Hukum Ekonomi Syariah, 2023-02-01) Abbas, Ahmad; Abdulrahman, Manswab Mahsen
Understanding issues raised in academic literature is a critical step in developing scholarly works in the field of Islamic economic law. This study aims to explore the topics and trends in the field of Islamic economic law in the last three decades, from 1992–2021. The data used in this study were online published articles from 1992 to 2021. Harzing’s Publish or Perish (PoP), VOS Viewer, and Open Knowledge Maps were tools utilized for processing and analyzing the data. 169 articles were retrieved by applying the keyword and title word "Islamic Economic Law" in the Google Scholar database. The result of the study shows an increasing trend in the publication of scholarly works for the past thirty years, with 645 citations. As a result of the visualization, the topic of Islamic economic law tends to be designed in the context of theory, implementation through a case study approach, perspectives, a paper review elaborating the contract, and research in the field of Islamic law for economics. Islamic economic law areas recently attract an increasing number of attention from scientists, so related topics can be developed wider by various methods.
THE ISLAMIC VALUES IN THE MIJIKENDA SOCIETY: A DESCRIPTIVE HISTORICAL STUDY
(International journal of Islamic studies, 2023-04-01) Abdulrahman, Manswab Mahsen; Awadh, Ali Hemed
The Mijikenda tribe has settled between river Sabaki and Tana river and extends to the borders of the Republic of Tanzania, some of them settled in the Kilifi county, specifically: Chonyi, Kauma, Ribe, Rabai, Geriama, Jibana and Kambe; Others settled in the south of Kwale county, they include: Digo and Duruma. The Mjikinda tribe has values inherited from parents and grandparents, some of which are conform to Islamic religion and some are opposing to it. The study aims at exposing Islamic values and practices within the Mijikenda community of the coastal Kenya. To achieve the objectives of the study, the research methodology applied in this study is the Inductive method: the researchers reviewed books and dissertations relating to culture and values in Mijikenda tribe. The researchers also visited the site to conduct interviews as one of the ways to understand the major opinions that relate to the topic of this research. Moreover, open-ended questions were used during the interview and respondents were heads of family and council elders. Researchers have gathered about eleven Islamic values. Lastly, researchers recommend universities and educational institutions to study Islamic values in African heritage in terms of authorship and publication
Challenges facing Muslim converts in the Republic of Kenya: A case study of Mumias-Kakamega county
(Taylor and francis, 2024) Akasi, H.Y.
Converts are a significant group within Kenya’s Muslim population. If converts are handled in the right way, they may play a big role in the spread of Islam to non-Muslims. If converts are treated properly, they could have a significant impact on the propagation of Islam among non- Muslims. In Mumias, Kakamega County, Kenya, converts face so many challenges as they navigate through their new-found faith. The aim of this study was to investigate the problems that convert in Kakamega face. The data were collected using semi-structured interviews as primary data. For the interviews, a sample of 25 participants was selected. There were 15 men and 10 women. Converts face physical assault, derogatory language, neglect by family and friends, difficulty finding a scho- lar, social integration, difficulties acquiring Islamic knowledge, difficulties learning the Quran, humiliation, identity issues, marital problems, and other problems, according to the findings. The study recommends a systematic process of educating converts for a better understanding of Islam and providing them with self-efficiency projects that will enable them to be self-reliant.
Role of SUPKEM leadership in fighting against extremism and terrorism in Kenya
(Taylor and francis, 2024) Akasi, H.Y.
The Supreme Council of Kenyan Muslims (SUPKEM) was established in 1973 as an umbrella body to bring together all Muslims in Kenya with the intention of addressing the needs of the Muslim community in Kenya. It also acts as a link between the Kenyan government and its Muslim citizens. Extremism is one of the major threats to the East African region and Kenya in particular. The ideology of violent extremism is spread through different media and radicalizes individuals into terrorists who kill and cause devastation. The Muslim community in Kenya has a role to play in combating violent extremism and terrorism in the country because conversion to Islam has been linked to radicalization and violent extremism, particularly along Kenya’s coast. The aim of this study is to demonstrate the role that SUPKEM leadership can play in the counterterrorism mea- sures implemented in Kenya. Qualitative research was used to study the role that Muslim leaders in SUPKEM play in countering violent extremism and terrorism. Qualitative inter- views with selected Islamic leaders provided rich data that helped to understand terrorism and violent extremism in Kenya. The results showed that SUPKEM leadership is well- informed about the problem of terrorism and violent extremism in Kenya. Islamic leadership can play a role through alternative narratives, religious dialogue, and more scholarly research to guide their believers against dangerous religious ideology.