School of Law, Sharia and Islamic Studies
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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 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 Distribution of Estate in Islamic Law: A Case Study of Missing Person, Child in the Womb and Hermaphrodite(Journal of Islamic Studies and Culture, 2020-06-01) Manswab, AbdulrahmanThe law of inheritance is associated with calculation and distribution of property of the deceased person. Furthermore, the law prescribes and clarifies who is entitled to inherit; to avoid feuds over the estate of the deceased person. The primary objective of this study is to explore steps of estate distribution and calculating shares of heirs on issues pertaining cases of Mafqud (Missing person), Hamli (Child in the womb) and Hermaphrodite (Khuntha). The science of inheritance involves rules and principle governing the distribution of property using a specific calculation based on Islamic jurisprudence. Besides, the results showed that Muslim Jurists have developed Mathematical formulas on Islamic inheritance to avoid misappropriation of property and guarantees that the right person gets what is rightfully theirs, it also prevents disputes and hostility among family members. The researcher uses the descriptive research method in terms of data collection and relied on information for the literature review.Item 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 IsholaIt 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.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