In Summary
- Muslim leaders condemn ruling on inheritance for children born out of wedlock.
- Ruling said to violate Islamic law and constitutional protections.
- Calls made to President, AG, Parliament, and Judiciary to act.
- Muslim community urged to remain united and defend religious rights.
Prominent Muslim leaders in Kenya have strongly condemned a recent Supreme Court ruling that allows children born out of wedlock to inherit property from their fathers.
In a joint press statement issued on Saturday at Jamia Mosque, Nairobi, they termed the ruling “offensive, unconstitutional, and deeply harmful” to Islamic values and the rights of the Muslim community.
“This judgment is a direct affront to our faith,” said Al Haji Hassan Ole Naado, Chairperson of SUPKEM. “It violates the divine injunctions that guide us and contradicts the very Constitution meant to protect our religious freedom.”
Islamic Law and Constitutional Rights ‘Ignored’
The leaders argue that the ruling imposes a Western legal worldview that disregards the sacred guidelines provided in Shariah law on family and inheritance. Islam, they emphasized, offers clear directions on who is entitled to inheritance excluding children born outside a lawful marriage.
“Sheikh Hassan Ali Amin of CIPK stated: ‘The Supreme Court has overstepped. The Constitution clearly allows Muslims to be governed by Islamic law on personal matters. This ruling completely ignores that.’”
They further referenced Section 2(3) of the Law of Succession Act (CAP 160), which exempts Muslims from its application in matters of inheritance, highlighting what they termed as “judicial overreach.”
Leaders Call For Immediate Action By State Organs
The Muslim leaders issued strong calls for government intervention. They demanded that:
- President William Ruto defend religious freedom as enshrined in the Constitution.
- The Attorney General seek a constitutional interpretation on the matter.
- Parliament, especially Muslim MPs, introduce legislation to protect Islamic personal law.
- The Judiciary exercise caution and inclusivity in decisions affecting religion.
Abdulrahman Wandati of the Muslim Consultative Council added, “Kenya is a multi-religious nation. These kinds of rulings create unnecessary disharmony.”
Additionally, the leaders urged the Muslim community to remain calm but vigilant in protecting their religious identity. They reiterated that while Islam does not seek to impose its rules on others, it will also not tolerate any imposition that threatens its teachings.
“Sheikh Abdullahi Abdi of NAMLEF warned, ‘Chipping away our religious rights is dangerous. This is not just a spiritual issue; it affects national unity and peace.’”
They emphasized the historic role of Kadhi Courts, which were part of Kenya’s founding agreements and remain vital to the Muslim identity and legal autonomy.
Muslim leaders have vowed to pursue all legal and constitutional means to challenge the ruling, preserve their faith, and defend the integrity of Islamic family law.
“We stand firm. We stand united. And we will protect our faith, our families, and our freedoms,” the statement concluded.
