Nairobi, July 1 – A recent Supreme Court ruling that allows children born out of wedlock to inherit from their Muslim father has stirred sharp criticism from Nyali MP Hon. Mohamed Ali and sparked national debate over the limits of Islamic personal law in Kenya.
The court dismissed an appeal in the case of Fatuma Athman Abud Faraj vs. Ruth Faith Mwawasi & Others, ruling that children born outside of formal Islamic marriages are entitled to benefit from their father’s estate.
The justices held that excluding such children is discriminatory and violates the Constitution’s guarantees of equality and protection of children’s rights under Articles 27 and 53.
While Article 24(4) of the Constitution allows Muslims to apply Islamic law in personal matters, the Court emphasized that this must not override constitutional rights unless strictly necessary and justifiable.
The matter was referred back to the High Court in Mombasa for distribution of the estate.
Hon. Mohamed Ali condemned the decision, calling it a “blatant contradiction of Article 24(4)” and warning that it threatens the application of Islamic law in Kenya.
“As much as we live in a secular country, Muslims are guided by the Constitution that grants us the freedom to practise an Islamic way of life as dictated by God, Almighty not Man,” he said.
