School of Law, Sharia and Islamic Studies

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    Human rights abuses of Muslim minority in Mombasa, Kenya
    (INTERNATIONAL JOURNAL OF ISLAMIC THOUGHTS, 2016) Mwamburi, Adam Mwenda Hamisi
    Despite 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.
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    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 Mahsen
    This 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.
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    Fundamentals of Valid Marriage in Islamic Law: An Evaluation of Muslim Practices in Nigeria
    (Journal of Islamic Law Review,, 2018-12-01) Manswab, Abdulrahman; Abdullahi, Saliu Ishola
    It is a well-known fact that, Islamic Law (Shari‘ah) is a complete code of life, which regulates every facet of human endeavors. This is more so with regards to the principles laid down under it to regulate the life of a Muslim family. Thus, for a marriage to be valid under the Shari‘ah, certain requirements must be met. These requirements, though very sacrosanct, are not in any way rigid or burdensome. However, the new trend is that a lot of changes have been introduced in this 21st century to frustrate these requirements, culminating in flagrant abuse of them in various modes. This paper critically appraises the legal requirements of a valid marriage under the Shari‘ah in comparison with the marriage practices among the Muslims in Nigeria. A special attention is given the pre-marriage steps laid down under the Shari‘ah vis-à-vis the popular practice of pre-marriage courtship in the Western world practice has also been embraced by Muslims in the country. The newly introduced and well pronounced celebration of marriage with highly expensive ceremonies as a requirement of marriage among the Nigerian Muslims is equally assessed on the scale of Islamic Law. This study adopts the doctrinal research methodology and jurisprudentially combs all the relevant materials, textually and contextually.