Research Papers

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Start date: 2021End date: 2021

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    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.
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    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
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    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"
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    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
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    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.