The response of the muslims to the law of succession in Kenya 1920-1990

Abstract

This study investigates the response of the Muslims to the law of succession Act. The study seeks to analyze the factors, which informed Muslims in their response to the law of succession Act. The study reveals that legal, social. Political and religious factors informed Muslims in their response to the Law of Succession Act. It is stressed that the beliefs and practices of the Muslims were of central importance in informing them in their response to the Law of Succession Act. The study also shows that Muslims are opposed to laws, which contradict the tenets of Islam. In this regard the Law of Succession Act is opposed by the Muslims because it contradicts the principles and teachings of Islam, which are enshrined and enjoined by the Holy Duran and the Hadith. This study observes that it was imprudent for the Government of Kenya to have subjected the Act on the Muslims.

In order to achieve its' objectives, the study involved library, archival and field researches. In the latter researcher, interview and questionnaire methods of data collection were employed. Muslims and non-Muslims respondents were interviewed. Finally the descriptive method of data analysis was used in the research.

It is further shown in Chapter three that Reforms in the Sharia can be undertaken but they must conform to the tenets of Islam. The study also reveals that Muslims are not opposed to non-Islamic laws provided that they do not go against the tenets of Islam.

The study found out that there were varied attitudes of the British and French colonialists in Africa towards the Sharia. This varied attitude affected and determined the extent of the application and development of the Sharia in Africa. It is further shown in the research that the application and development of the Sharia during the colonial period in Kenya and Zanzibar had a lot of bearing on its application and development in the post-colonial era in Kenya.

The study concludes in Chapter six that any legislation introduced by the Government of Kenya should respect the religious beliefs and customs of the people it is supposed to serve. It is further observed that laws of personal status nature should be acceptable to the people they are suppose to serve in order for them (laws) to be effective and capable of enforcement. Finally, the study concludes that every community and individual should have the freedom to order their religious life freely without interference from the Government through such ways as introduction of unpopular laws.