Muslim leaders, under the Council of Imams and Preachers of Kenya (CIPK), have come out to reject a recent landmark ruling by the Court of Appeal, which affirmed inheritance rights for children born to muslim fathers out of wedlock.
Led by CIPK Secretary Sheikh Mohamed Khalifa, the leaders accused the court of overstepping its mandate by interfering with Islamic matters.
According to the muslim leaders, matters touching on religion should solely be determined through Islamic legal pathways, starting with the Kadhis Court.
“We are supposed to practice our faith as we deem best. But they have decided to go against the ways of Islam, and it is very disturbing,” Khalifa said.
He added, "This is an abomination. We want to tell you that we will not follow court orders that go against the teachings of God."
In a verdict delivered on Monday, the apex court stated that all children, regardless of the marital status of their parents, must be treated equally under the law, including in matters relating to succession and inheritance.
The ruling effectively barred any interpretation of Islamic inheritance principles that excludes children born outside marriage from benefiting from their father's estate.
However, in a rejoinder, muslim leaders faulted the ruling, insisting that the courts did not necessarily understand muslim teachings; hence, it was out of their jurisdiction to issue any judgment.
"Why is it that non-muslims have been given the mandate to decide a matter regarding religion? Because this is a case involving religion. It is not a regular case. Why should one be forced to enrich someone who was born out of wedlock?"
On the way forward, the CIPK leaders urged Members of Parliament to introduce legislation that would shield Islamic legal processes from such interference.
“To the Members of Parliament, we want you to come up with legislation that will ensure there is a supreme court that deals with the same matters as the Kadhis’ Court, without interference by other courts,” the leaders said.
The case that led to the controversial Supreme Court ruling stemmed from a family dispute from years back over the distribution of a deceased muslim man’s estate.
The deceased's children from outside a formal Islamic marriage had been excluded from inheriting, prompting a legal challenge that initially originated in the Kadhi court before being escalated to the Supreme Court.
