From Theological Philanthropy to State Resource: Unpacking the Potential of Zakat in a Secular Kenyan Framework

Abstract

This paper delves into the intricate web of legal pluralism, socio-legal positivism, and the potential of zakat as a viable development finance tool in Kenya, a secular state with a Muslim minority. By drawing on various human rights paradigms, particularly the right to health, and adopting a purposive interpretation of the Kenyan Constitution, the study presents a novel approach to understanding zakat outside the realm of Islamic norms. The research objective is multifold: to explore whether a mechanism traditionally rooted in Islamic theology can be understood and incorporated within the modern socio-legal structures of a secular nation; to evaluate the legal, constitutional, and human rights implications of such an incorporation; and to navigate the complex dynamics of law, religion, and finance in a pluralistic society. The scope of the paper remains external to Islamic jurisprudence, aiming to assess how secular states, like Kenya, can perceive and operationalize zakat. The study culminates in a compelling argument for the consideration of zakat as not merely a religious tenet but as a transformative financial instrument with the potential to further human rights objectives in the Kenyan context.