A group of Muslim clerics has strongly opposed a recent Supreme Court ruling that grants equal inheritance rights to children born out of wedlock, saying it undermines Islamic principles and infringes on religious freedoms guaranteed by the Constitution.
Speaking during a press briefing in Mombasa, the clerics, led by Sheikh Abu Qatada, Chairperson of the Pwani Patriotic Religious Leaders, expressed concern that the June 30, 2025, ruling in Fatuma Athman Abud Faraj vs Ruth Faith Mwawasi & Others (SC Petition No. E035 of 2023) disregards the authority of the Kadhi courts and contradicts Islamic teachings on inheritance.
“We are perturbed by the Supreme Court ruling that equates the inheritance rights of children born outside wedlock with those born within a marriage,” Sheikh Qatada said. “Our country acknowledges freedom of religion and family matters are central to our faith.”
The Supreme Court had dismissed an appeal to exclude children born out of wedlock from inheritance under Muslim law, deeming such exclusion discriminatory and contrary to Articles 27 and 53 of the Constitution. While Article 24(4) allows application of Muslim law in personal matters, the Court emphasized that it does not override the Constitution’s equality provisions.
However, clerics argue that the ruling undermines the autonomy of the Kadhi courts, which are constitutionally mandated under Article 170 to handle Muslim matters of marriage, divorce, and inheritance. “Why does the Supreme Court undermine the Chief Kadhi on matters assigned to him by the Constitution?” asked Muslim faithful Abu Muhsin.
The clerics urged the Attorney General, the Chief Kadhi, and the Law Society of Kenya to challenge the ruling. They also called on Muslim lawmakers to push legislation reaffirming the Kadhi courts’ jurisdiction and shielding Islamic personal law from secular interference.
“We are collecting signatures from Muslims nationwide to petition Parliament and the Senate,” Muhsin added.
While reaffirming respect for the judiciary, the clerics insisted on the need for courts to be sensitive to faith-based legal systems, warning against rulings that could erode the religious rights of Kenya’s Muslim community. The matter has now been referred back to the High Court in Mombasa for a fresh determination of entitlements.
