Research Papers

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

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Browsing Research Papers by Subject "Marriage"

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    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.
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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.