Research Papers
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Item Human rights abuses of Muslim minority in Mombasa, Kenya(INTERNATIONAL JOURNAL OF ISLAMIC THOUGHTS, 2016) Mwamburi, Adam Mwenda HamisiDespite 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.Item 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 MahsenThis 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.Item 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.Item National Social Security Fund of Kenya: An Assessment from Islamic Jurisprudence(Islamic Thought and Civilization (JITC), 2021) Manswab, Mahsen AbdulrahmanThe 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/servicesItem 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 AbdulrahmanThe 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"Item 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 AbdulrahmanZakat 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 recipientsItem 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 AbdulrahmanIt 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 marriageItem 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, JosephMaritime 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.Item 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 AwadhThe 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.Item Higher Education Loans Board in Kenya from the Islamic Sharia Perspective(International Journal of Islamic Thought, 2020-06-03) Manswab, Mahsen AbdulrahmanEducation 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.