School of Law, Sharia and Islamic Studies
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Item 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.Item 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.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 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 MahsenUnderstanding 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.Item THE ISLAMIC VALUES IN THE MIJIKENDA SOCIETY: A DESCRIPTIVE HISTORICAL STUDY(International journal of Islamic studies, 2023-04-01) Abdulrahman, Manswab Mahsen; Awadh, Ali HemedThe 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 publicationItem 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 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 MahsenUmma 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.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"