ভূমিকা

Shiavault - a Vault of Shia Islamic Books In Defence of Islamic Laws Memorandum on the Laws of Succession NOTE: We take pleasure in enclosing herewith the Memorandum submitted to the Commission on the Law of Succession recently appointed by the Government of Kenya, The terms of reference being to consider the existing laws relating to marriage, divorce and matters relating there to and recommend a uniform law applicable to all persons in Kenya paying particular attention to the status of women in relation to marriage and divorce in a free democratic society.

The Secretariat is indebted to Maulana Syed Sa’eed Akhtar Rizvi, the resident priest of Dar es Salaam and Chief Missionary of Bilal Muslim Mission for his great efforts in preparing this memorandum. We are also indebted to Mulla Hussein A. Rahim, M. B.E. , of Zanzibar, for his valued guidance. We pray that God may reward them in plenty in this world and the world hereafter. ASGHARAL1 M. M. JAFFAR, Hon. Gen. Secretary, K.S.1THNA-ASHER1 SUPREME COUNCIL P.O. Box No., 1085, Mombasa.

***** On behalf of the Shi’a Ithna-’Ashari Community of Kenya, we beg permission to make this submission for the consideration of the Commission. Our remarks are confined to the religious laws appertaining to Will and Inheritance of the Shi’a Ithna-’Ashari Sect of Islam, except where it was essential to give other Sects' views to make our point clearer.

We have already submitted the questionnaire sent by the Commission duly completed together with the codified Islamic Laws (in English) according to Shi’a School of Law relating to Inheritance and Wills among other subjects. In this submission we will endeavor to explain the basic principles behind those rules.

We understand that this Commission is to 'pay particular attention to the status of women.' We venture to hope that the Islamic Law, enunciated according to the Shi’a school, would be of considerable help to the Commission in its work in this respect. It will not be out of place to mention that the ancient Arab custom had one principal object in view, viz., and the permanent retention of the assets in the family.

With this object in view, the succession was confined exclusively to the male relatives, and even among them only to those who were capable of bearing arms. We do not propose to dwell further on this point; suffice it to say that similar attitude, more or less, existed in all societies at that time and has survived in many societies up to now.