https://gaexcellence.com/irjsmi/issue/feed 2026-04-13T11:27:34+08:00 Open Journal Systems <p>The <strong>International Research Journal of Shariah, Muamalat and Islam (IRJSMI) </strong>is published by <strong>Global Academic Excellence (M) Sdn Bhd (GAE)</strong> to serve academicians a platform of sharing and updating their knowledge and research outputs as well as information within the sphere of shariah, muamalat and islam. <strong>International Research Journal of Shariah, Muamalat and Islam (IRJSMI) </strong>invites researchers, academicians, practitioners and students for the submission of articles either in English or Malay. The publication for this refereed journal are<strong> quarterly (March, June, September and December).</strong> This journal uses <strong>double</strong>-<strong>blind review</strong>, which means that both the <strong>reviewer</strong> and <strong>author identities</strong> are concealed from the reviewers, and vice versa, throughout the review process. To facilitate this, authors need to ensure that their manuscripts are prepared in a way that does not give away their identity.</p> https://gaexcellence.com/irjsmi/article/view/7415 2026-04-13T11:27:34+08:00 Omari Issa Ndamungu oissa@mzumbe.ac.tz

<p style="text-align: justify;">Article 45(1) of the Constitution of the United Republic of Tanzania of 1977 grants the President authority to exercise the power of pardon. The provision stipulates a single condition for the President of Tanzania to exercise the power. The condition is the person in whose favour the pardon is granted must have been convicted and sentenced by the courts of law. Historically, Presidents of Tanzania used this power in favour of different persons. Nevertheless, no President has ever exercised the power in favour of a person prior to conviction and sentencing of that person. This article makes a critical examination on the constitutionality of the President Samia Suluhu Hassan to exercise the power in favour of Freeman Aikael Mbowe and three others jointly charged.&nbsp; This is because there were calls to pardon them which were made at the time when Freeman Aikael Mbowe and others were not yet sentenced for the charges they were facing. The article applied doctrinal research methodology and finds that constitutionally, the President of Tanzania has no power to grant pardon to pre-convicted persons. The article then recommends for the Presidents of Tanzania to be vigilant about abiding by the constitution before exercising presidential power of pardon.</p> <p>&nbsp;</p>

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