Browsing by Author "Manswab,Mahsen Abdulrahman"

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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.
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.