School of Law, Sharia and Islamic Studies
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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 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.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