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Recent Submissions
EVALUATION OF THE KENYAN KADHI’S COURT BENCH BOOK FROM AN ISLAMIC SHARIA PERSPECTIVE:
(Academy of Islamic Studies, Universiti Malaya, Malaysia, 2025-04-30) Manswab,Mahsen Abdulrahman; Walusimbi,Abdul Hafiz Musa
This study critically evaluates the Kadhis Court Bench Book, specifically examining the marriage section in Chapter Four, Articles 1 through 20, via the framework of Islamic Sharia. It assesses the strengths and weaknesses of these provisions, focusing on aspects of clarity, consistency, and adherence to Islamic legal principles.
The research problem regarding the enactment of the Kadhis Court Bench Book arises from the judiciary's acknowledgment of inconsistencies in verdicts resulting from divergent opinions among the various schools of thought.
To conduct this evaluation, a qualitative approach will be adopted, using methods such as document analysis, comparative analysis, case study review, and data interpretation.
The findings show that the Bench Book lacks systematic organization, with certain sections deviating from essential Sharia principles or offering insufficient clarity.
The reliance on lesser-known madhhabs in its application in Kenya contributes to inconsistencies, as certain provisions do not fully adhere to fundamental Sharia principles. Some provisions are difficult to implement and the arisal of ambiguities and gaps in specific provisions can lead to differing interpretations. Ultimately, the study recommends the creation of a systematical framework for continuous monitoring and evaluation of the Bench Book’s implementation, facilitating timely revisions to address emerging challenges in marital jurisprudence.
Determining the Legal Age for Marriage:
(IQRA JOURNAL, 2025) Dr. Manswab, Mahsen Abdulrahman; Khadija,Chui; Assoc. Prof. Dr. Hossam,El-Din Ibrahim Elsefy
This paper examines the determination of the legal age for marriage through a comparative study of Islamic jurisprudence and contemporary legal frameworks. Grounded in classical Islamic legal principles, the research investigates the rulings of the four major Sunni schools of thought—Hanafi, Maliki, Shafi'i, and Hanbali—on the age of marriage, emphasizing the concepts of physical and mental maturity (bulugh and rushd). It contrasts these Islamic perspectives with modern legal standards, particularly those established in international human rights instruments and the national laws of Muslim-majority countries. The study highlights the diversity of interpretations within Islamic jurisprudence, ranging from flexible rulings influenced by cultural contexts to fixed legal standards imposed by modern states. It also discusses the legal, social, and ethical implications of early marriage, especially for women and children, addressing contemporary challenges such as gender equality, child protection, and individual rights. Employing a qualitative and analytical approach, this research combines traditional Islamic jurisprudential (fiqh) methodologies with contemporary legal and ethical analysis. The study finds that Muslim jurists differ on the permissibility of minor marriages. It concludes by offering practical recommendations for Muslim scholars and legal experts to promote gender equality, protect minors, and prevent harmful practices such as child marriage.
A Review of Islam and Secularism
(International Institute of Islamic Thought and Civilization (ISTAC), 2025-01-14) Syed Muhammad Naquib
EVALUATING THE USE OF ARTIFICIAL INTELLIGENCE FOR ISSUING FATWA IN ISLAMIC INHERITAGE CASES:
(Asy-Syari‘ah, 2024-12-31) MANSWAB,MAHSEN ABDULRAHMAN; WALUSIMBI,ABDUL HAZIF MUSA
The objective of this research is to explore the potential of Artificial Intelligence, specifically GPT-3, in the process of issuing fatwas within the context of Islamic inheritance law. The study assesses GPT-3’s capability to issue fatwas that are consistent with Islamic legal principles, as well as its potential to offer faster response times compared to traditional methods. Additionally, the research investigates whether GPT-3 can make fatwas more accessible to a broader, global audience. It also evaluates the compliance GPT-3.5 with Islamic legal standards, considering the economic impact on social welfare development. The study employs qualitative methods, gathering data from various sources such as books, journal articles, reports, conference papers, and jurisprudence academies. It provides a comprehensive analysis of fatwa significance, the historical development of fatwa issuance, traditional methodologies, and the role of technology in Islamic contexts, including AI and natural language processing. Existing research on the intersection of technology, Islamic jurisprudence, and fatwa issuance is reviewed, with a specific focus on GPT-3’s applications in Islamic inheritance. The paper also outlines the research methodology, presenting the rationale for adopting a mixed-methods approach. It details the data collection process, which focuses on inheritance cases involving issues such as homicide, religious differences, Qur’anic heirs, residuary heirs, distant kindred, exclusion, al-Minbariyyah, al-Radd, alUmariyyah, al-Akdariyyah, missing persons, and multiple deaths. The findings indicate that GPT-3 provides faster response times compared to conventional methods. However, GPT-3.5 demonstrates inconsistencies, particularly in issuing fatwas related to inheritance distribution in cases involving homicide, religious differences, Qur’anic heirs, residuary heirs, distant kindred, exclusion, al-Minbariyyah, al-Radd, al-Umariyyah, and al-Akdariyyah
Legal Transformation in Muslim Societies
(Revival Press Limited, 2024) Manswab,Mahsen Abdulrahman; Walusimbi,Abdul Hafiz Musa
Islam is a diverse religion that fosters and accommodates technological advances including in the field of medicine, but with certain limitations and constraints. This article examines the intersection of motherhood, Islamic law (Shari’ah), and Assisted Reproductive Technologies (ART) through a comprehensive jurisprudential analysis. With the advancement of medical technologies such as in vitro fertilisation (IVF) and surrogacy, the concept of motherhood has evolved, raising ethical and legitimacy concerns within the frameworks of Islamic law. This article explores key issues such as the permissibility of ART procedures like IVF, sperm and egg donation, surrogacy, and their compliance with Islamic principles regarding marriage, family structure, and inheritance. The research in this article employs a qualitative and analytical approach, combining traditional Islamic jurisprudential (fiqh) methodologies with contemporary legal and ethical analysis. The article argues that Shari’ah rules differ significantly between the contexts of ART within a legitimate marital relationship and an illegitimate relationship. The article concludes by offering practical recommendations for Muslim scholars, legal experts, and medical professionals. These recommendations aim to guide all stakeholders in making informed decisions that consider contemporary health developments while upholding Islamic principles and values.