حكم تولي الوظائف العامة على ضوء المقاصد الشرعية : دراسة تطبيقية على الأقلية المسلمة بكينيا

Abstract

This thesis discussed about the participation of the Kenyan Muslim in the public service. It is worth noting that, Kenya is a secular state, that is to say, it is a state with no religion. Muslims and other citizens are regarded to have similar rights and responsibilities .These rights include the right to access jobs in the public sector. To attain the validity of this thesis, Kenya is discussed in its geographical and historical perspectives, and the religions found and the political systems which are prevalent in Kenya. The thesis did not cease to look into the similarities of public job systems in Islam and in the new constitution of Kenya and their differences. It also stated the job obstacles which Muslims face and how to deal with them. The Kenyan Muslim is a citizen by birth but with all these, he happens to encounter, some problems, and this thesis demonstrated how these problems can be solved in the view of the jurisprudence of Muslim minority. The thesis showed the necessity of the Kenyan Muslim, to remain in his country and obtain all the legal documents, which will enable him to enjoy all his legal rights, hence taking part in the public sector. Finally the thesis confirmed and proved the legality of accessing the jobs in the public sector when the conditions are met or fulfilled. It also demonstrated some sort of illegality in attaining some jobs such as in intelligence and some of the categories of the police force,, bearing in mind that the conditions changes, when the factors in question changes too. The validity of this issue lies within the consideration of the public interest and weighing between the benefits and the evils when they are together then taking the least one. Without forgetting to consider the benefits of the Islamic society first and not self-interest. The thesis relied on the verdicts of past scholars of Islamic jurisprudence and the contribution of present scholars. It is absolutely not right to say that this thesis is the final, but it requires a lot of efforts, and it gives an necessary entrance for other researchers.