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 its limitations include: (a) it can only be relied upon in the determination of civil disputes (b) it is only applicable in the determination of questions of muslim law,. The stature of limitation in sharia law the definition of stature of limitation differs based on the law that governs it, there is one in the civil the stature of limitation in islamic law. Article 1 of civil code identifies islamic law as a main source of legislation the 1958 code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16 in 1995, iraq introduced sharia punishment for certain types of criminal offenses.
Kenya’s kadhis’ courts rachel sweet vanderpoel phd student, political science globalization, law, post-colonialism, islam, kenya abstract ’ courts in kenya was a central question of the constitutional reform process leading up to the adoption of the v t u constitution were from sources outside kenya while embedding global. 11 a source of law is the origin of the rule, which constitutes a law, or legal principle the phrase `sources of kenya law' therefore means the origin of the legal rules which constitute the law of kenya.
Kenya: islamic law is applied by kadhis' courts where all the parties profess the muslim religion there are no limitations on interfaith marriages islamic law is one of the sources of legislation for muslim citizens. The stature of limitation in sharia law the definition of stature of limitation differs based on the law that governs it, there is one in the civil law, and another in criminal law. Researching kenyan law by tom ojienda and leonard obura aloo islamic law this is a very limited source of law in kenya it is applied in kadhi’s courts when all the parties profess the muslim religion, but only as to questions of muslim law relating to personal status, marriage, divorce and inheritance issues international. 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 the court upheld the islamic custom muslim law was. Case law is recognized as a source of law of kenya by section 3 (1) (c ) of the judicature act kenyan courts are required to rely on previous decisions of superior english courts subject to the qualifications in the judicature act.
The significance of date of reception – any modification of english law must be incorporated in kenya but note exceptions in law of contract act cap 23 the reception date itself acts as the limit of application of english law in kenya. Legal research guide: customary law in africa research & reports | guide to law for instance the judicature act of kenya, the law governing the application of customary laws, states, which are presented in three categories: general sources, sources on land law issues, and sources on family law issues some of the materials may address.
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. Application of islamic law by country jump to kenya: islamic law is applied by kadhis' courts where all the parties profess the muslim religion article 1 of civil code identifies islamic law as a main source of legislation the 1958 code,.
Sources of kenyan law essay sample these statutes are recognized as a source of law of kenya by section 3 (1) (c) of the judicature act however, there application is restricted in that they can only be relied upon: i question was whether islamic law was applicable in the divorce it was spelt tat since the parties were married under. Legal research guide: customary law in africa research & reports | guide to law online for instance the judicature act of kenya, the law governing the application of customary laws, states, and sources on family law issues some of the materials may address more than one of these subjects many of the sources listed are part of the.