Limitations of islamic as source of law in kenya

View freely available titles: Stevenson Precedents may be classified in various ways: Principles or propositions of law are made in bits and pieces. Expressio unius est exclusio ullerius This rule literally means that the expression of one thing excludes any other of the same class.

They distinguish equity from the common law. The profits from the investments in these properties were banked in some account one of which was held by her husband in his own name.

Local legislation can oust the application of equity. Enticement of or adultery with a married woman. Equity regards the spirit and not the letter. Arranged marriages- no consent. Busaid — case concerning a widow who father left her some property when he died.

Distinguishing precedents Original precedents This is a principle or proposition of law as formulated by the court.

This in old days had a decent meaning the idea was about society taking care of the widow and the orphans. More offices of the Lord Chancellor were established due to the number of petitions.

Law of contract is the exception rather than the rule that we can apply post English decisions in our courts. Inference allowed the jurists to avoid strict analogy in a case where no clear precedent could be found. According to this source of Islamic law, rulings can be pronounced in accordance with the "underlying meaning of the revealed text in the light of public interest".

The High Court and subordinate courts may hear and determine matters that are Muslim personal matters, and the courts do not need to apply Muslim law.

This made the common Law system rigid. The scope of application of African customary law as a source of law diminishes as the legal system develops.

Limitations on Religious Freedom in Islam: The Witness of the Qur'an and Prophetic Traditions traditional Islamic law and theology developed a range of limitations on this freedom in the post.

APPLICATION OF EQUITY IN KENYA. The formula for the general reception of Equity and the English common law, doctrines of equity and statutes for general application in Kenya contains a date of reception.

this sub section provides some limitations when applying African customary law.

Legal Research Guide: Customary Law in Africa

The court upheld the Islamic Custom. Muslim law was. Discuss the limitation of Islamic Law as a source of Law. Answers. It is recognized as a source of law of Kenya by the constitution and the Kadhis Court Act.

Sources of sharia

Its limitations include: (a) It can only be relied upon in the determination of civil disputes. (b) It is only applicable in. Various sources of sharia are used by Islamic jurisprudence to elucidate the body of Islamic law.

The primary source accepted universally by all Muslims is the Qur'an, the majority adhering also to the traditionally reported Sunnah, but rejected by others; Quranism. a source of new perspective on women's status under the shariah. the restrictions increased.

Limitations on the rights of vakeel (or wakili, who were traditional legal representatives on the coast) to of Kenya's customary laws as well as Islamic law, since it calls for an equal division.

Limitations on Religious Freedom in Islam: The Witness of the Qur'an and Prophetic Traditions

Limitations Of Islamic As Source Of Law In Kenya. Defining Islamic Law Islamic law is the collection of rulings and legally binding rules related to the regulation of individual behavior in society. It is a legal system with a broad range of directives, covering the specifics of various affairs, yet broad enough to be flexible and non–rigid due to its capacity for renewability and adaptability.

Limitations of islamic as source of law in kenya
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Islamic Family Law » Kenya, Republic of