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result(s) for
"Abdulrahman, Manswab Mahsen"
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An Analysis of the Causes of Divorce among Muslims in Mombasa County in the Sharia Law Perspective
2020
Divorce 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.
Journal Article
Uses and Implications of Marijuana from the Perspective of Islamic Law
2024
Objectives: The study aims to determine whether all uses of Marijuana are considered haram (prohibited) or if there are any exceptions. Methodology: It employed a qualitative methodology and rigorously examined relevant materials from a jurisprudential perspective, including textual and contextual aspects. Data for this study were sourced from various materials, including books, journal articles, reports, conference papers, and websites. Findings: The research highlights the differences between hemp and Cannabis sativa, both types of marijuana plants, distinguished by their varying levels of tetrahydrocannabinol (THC). Hemp contains less than 0.3% THC, while Marijuana can have THC levels up to 28%. Marijuana is primarily used for recreational purposes, whereas hemp has numerous industrial applications such as textiles, rope, paint, clothing, shoes, paper, bioplastics, insulation, lotions, and more. Ultimately, the ruling on marijuana use varies between forbidden (haram) and permissible (halal), depending on the intent behind its use. This is consistent with the Islamic legal principle that the determining factors influence the law. Originality: The study's findings will assist policymakers in effectively managing hemp, creating job opportunities, and significantly increasing tax revenue while implementing measures to prevent and control its use. The scientific value of this research lies in analyzing marijuana consumption from the perspective of the Sharia, which aligns with the higher objectives of Islamic law: preserving the mind and wealth.
Journal Article
Higher Education Loans Board in Kenya from the Islamic Sharia Perspective
2020
Education 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.
Journal Article
National Social Security Fund of Kenya: An Assessment from Islamic Jurisprudence
2021
The social security fund operated as a community collective system prior to the colonial period. The colonial government proposed establishing a provident fund for African workers. They noted that the pension scheme was not favorable because it required the investment of significant resources and subsidies by the government. Following independence, the Kenyan government announced the implementation of social security for its people. The National Social Security Fund (NSSF) was established by an Act of parliament Cap 258 in November 1965, however, contributions began in July 1966 to allow it to operate as the National Provident Fund. Since her independence Kenya has undergone several pension reforms, culminating in the enactment of the NSSF Act in 2013. The pension scheme has received significant attention from the Muslim clerics. Some fatawa have been issued stating that the retirement benefits are not Sharī'ah compliant. This situation might jeopardize the retirement goal and put the retirees in financial difficulty by denying them their benefits. The main objective of this study is to evaluate the conformity of Sharī'ah in Kenya's pension fund operation. Inductive method was used to examine the operational methods of the social security fund from both the perspectives of pension scheme and Islamic jurisprudence in order to mutually integrate them. Likewise, the researchers used the analytical approach to clarify the opinions of the Muslim scholars regarding the pension scheme products and to highlight some areas of inconsistency with Islamic law in order to provide Islamic alternatives. The results showed that pension scheme funds are inconsistent with Islamic law. Therefore, it is recommended for NSSF to open Islamic windows to meet the demands of the Muslim workers seeking Sharī'ah compliant products / services.
Journal Article
National Social Security Fund of Kenya: An Assessment from Islamic Jurisprudence
by
Manswab Mahsen Abdulrahman
in
Islamic Jurisprudence
,
Kenya
,
National Social Security Fund (NSSF)
2021
The social security fund operated as a community collective system prior to the colonial period. The colonial government proposed establishing a provident fund for African workers. They noted that the pension scheme was not favorable because it required the investment of significant resources and subsidies by the government. Following independence, the Kenyan government announced the implementation of social security for its people. The National Social Security Fund (NSSF) was established by an Act of parliament Cap 258 in November 1965, however, contributions began in July 1966 to allow it to operate as the National Provident Fund. Since her independence Kenya has undergone several pension reforms, culminating in the enactment of the NSSF Act in 2013. The pension scheme has received significant attention from the Muslim clerics. Some fatawa have been issued stating that the retirement benefits are not Sharī‘ah compliant. This situation might jeopardize the retirement goal and put the retirees in financial difficulty by denying them their benefits. The main objective of this study is to evaluate the conformity of Sharī‘ah in Kenya’s pension fund operation. Inductive method was used to examine the operational methods of the social security fund from both the perspectives of pension scheme and Islamic jurisprudence in order to mutually integrate them. Likewise, the researchers used the analytical approach to clarify the opinions of the Muslim scholars regarding the pension scheme products and to highlight some areas of inconsistency with Islamic law in order to provide Islamic alternatives. The results showed that pension scheme funds are inconsistent with Islamic law. Therefore, it is recommended for NSSF to open Islamic windows to meet the demands of the Muslim workers seeking Sharī‘ah compliant products / services.
Journal Article
استخدامات الماريجوانا وتداعياته من منظور الشريعة الإسلامية
2024
أهداف الدراسة: تهدف الدراسة إلى التحقق مما إذا كانت جميع استخدامات الماريجوانا تعدّ محظورة (حرامًا)، أم توجد استثناءات أخرى.منهج الدراسة: استخدمت الدراسة منهجًا نوعيًا ذات صلة بموضوع الدراسة لإنجاز أهداف البحث. وحُصِل على البيانات من الكتب والمجلات العلمية المحكمة والتقارير وأوراق المؤتمرات والمواقع الإلكترونية.النتائج: توصلت الدراسة إلى أن الماريجوانا يحتوي على نوعين من النباتات، توجد بكليهما مادة هيدروكانابينول المخدرة (THC)، لكنها في النوع الأول (Hemp) لا تتجاوز 0.3%، في حين تصل درجة التخدير في (Cannabis sativa) إلى 28%، وهذا النوع يستخدم لأغراض التخدير، بينما النوع الثاني يستعمل في صناعة السلع التجارية والصناعية مثل: المنسوجات والحبال والطلاء والملابس والأحذية والورق والبلاستيك الحيوي والعزل والمستحضر وغير ذلك. تسهم نتائج هذه الدراسة في توضيح الصورة لدى صانعي القرار على منع الماريجوانا والسيطرة عليه، وتقنين استخدامه للحاجات الطبية والصناعية فقط؛ مما سيخلق فرص للعمل وزيادة الإيرادات الضريبية. وأخيرًا. يتنوع حكم تعاطي الماريجوانا بين الحرام والحلال بحسب الدافع وراء استعمالها. وهذا يتوافق مع القاعدة الفقهية: \"الحكم يدور مع علته وجودًا وعدمًا\".أصالة البحث: تظهر القيمة العلمية للبحث في دراسة استخدام الماريجوانا من منظور مقاصد الشريعة الإسلامية، والتي تعد من بين أهم مقاصدها: حفظ العقل وحفظ المال.
Journal Article