The Health Cabinet Secretary, Aden Duale, has strongly opposed the Supreme Court's ruling on dividing inheritance with children born to Muslim fathers out of wedlock, stressing that this contravenes Islamic beliefs and way of life.
In a ruling on Monday, June 30, the court ruled that all children, regardless of the marital status of their parents, should be treated equally in line with the Constitution, including matters relating to succession and inheritance.
The ruling bars any interpretation of Islamic inheritance principles that excludes children born outside marriage from benefiting from their father's wealth.
However, on his part, the health boss claimed that the ruling by the Supreme Court conflicted with the teachings of the Quran, which he labelled as superior to the Constitution, and stressed that Muslims will remain firm in adhering to their beliefs and laws, which have been there for ages.
"The Constitution provides the freedom of worship. Muslims have a way on how to deal with matters such as inheritance, marriage, divorce, and family values, and children who are born out of wedlock have no place in Islamic inheritance," Duale said.
"It is not me saying it; it is the Holy Quran, and when the Quran and the constitution, which is man-made, conflict, we Muslims, regardless of our status, will abide by the teachings of the Holy Quran and the teachings of the holy prophet," he added.
Islamic law stipulates that when a child is born out of a marriage, he or she can only inherit from the mother and not the father.
However, during the ruling, the apex court urged that the rights of a child supersede one's marital status, noting that there is no rational justification to prove that a child born in a marriage has a higher right to his father's wealth than one who is born outside.
Days after the ruling, other Islamic leaders, under the Council of Imams and Preachers of Kenya (CIPK), came out to reject the ruling, claiming that the court had no mandate to interfere with Islamic matters.
According to the leaders, in a statement on Wednesday, July 2, matters concerning the Islamic way of life should only be handled by 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,” the Islamic leaders said.
"This is an abomination. We want to tell you that we will not follow court orders that go against the teachings of God," it added.
