Research Papers

Permanent URI for this collectionhttps://hdl.handle.net/20.500.12309/849

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Browsing Research Papers by Subject "Islamic Jurisprudence"

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    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.
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    Marriage Customs among the Bajuni Tribe:
    (Journal of Fatwa Management and Research | Jurnal Pengurusan dan Penyelidikan Fatwa | الفتاوى وبحوث إدارة مجلة, 2024-09) Abdullatif, Ibrahim Abdalla; Dr.Manswab, Mahsen Abdurahman; Walusimbi,Abdulhafiz Musa
    This study investigates the marriage customs of the Bajuni tribe, who reside on the eastern coasts of Africa in Somalia and Kenya. The tribe maintains a variety of customs and traditions, among which are distinct marriage norms such as 'astrological timing' to determine the most auspicious moment for wedding ceremonies. This study aims to explore the marriage customs of the Bajuni tribe. This study employed an inductive approach to achieve the objectives, gathering relevant literature and sources and conducting open-ended interviews with guardians, clan heads, and married couples. The findings revealed twelve instances of non-compliance with Islamic law, evaluated according to Islamic jurisprudence. This study concluded with a series of recommendations, most notably the organization of scientific seminars to educate the community about deviant customs that negatively impact individuals and society.