School of Law, Sharia and Islamic Studies
Permanent URI for this communityhttp://197.136.59.112:4000/handle/123456789/80
Browse
5 results
Search Results
Item 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 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.Item 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 AbdulrahmanDivorce 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.Item 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 AbdulrahmanDivorce 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