Muslim Clerics Reject Supreme Court Inheritance Ruling, Demand Protection of Islamic Law
MOMBASA — Muslim religious leaders in Mombasa have sharply criticized a recent Supreme Court ruling that allows children born out of wedlock to inherit property from their deceased Muslim fathers. The leaders say the decision violates Islamic law and undermines the authority of the Kadhi courts, which are constitutionally mandated to oversee personal matters for Muslims.
The verdict, delivered on June 30, 2025, in Fatuma Athman Abud Faraj vs Ruth Faith Mwawasi & Others (SC Petition No. E035 of 2023), upheld that excluding children born out of wedlock from inheritance is discriminatory. The judges ruled the exclusion violated Articles 27 and 53 of the Constitution, which guarantee equality and the best interest of the child.
The ruling stated that while Article 24(4) of the Constitution allows the application of Muslim personal law in matters of inheritance, it does not override the equality rights enshrined in the same document. The court referred the case back to the High Court in Mombasa to determine the specific share of inheritance due to the child involved, under a different judge.
The decision sparked immediate backlash among Muslim clerics on the Coast. Speaking outside Sakina Mosque in Majengo, Sheikh Abu Qatada, Chairperson of the Pwani Patriotic Religious Leaders, accused the court of overstepping its jurisdiction.
“We are perturbed by the Supreme Court ruling that equates the inheritance rights of children born outside wedlock with those born within a marriage,” said Sheikh Qatada. “Our country acknowledges freedom of religion, and family matters are central to our faith. These issues must remain under the Chief Kadhi, whose guidance follows the Qur’an, not man-made law.”
Muslim leaders argued the court’s decision disregards the legal framework under Article 170 of the Constitution, which gives Kadhi courts the mandate to preside over matters of marriage, divorce, and inheritance for Muslims.
Abu Muhsin, a community member who attended the briefing, questioned the court’s interference. “Why does the Supreme Court undermine the Chief Kadhi on matters assigned to him by the Constitution? This judgment disregards our religious laws,” he said.
Clerics at the briefing urged the Attorney General, Chief Kadhi, and the Law Society of Kenya to challenge the ruling. They also called on Muslim legislators to introduce a new law affirming the full authority of Kadhi courts over Islamic personal law.
“We are collecting signatures from Muslims across the country to petition Parliament and the Senate,” Muhsin told reporters. “This is not just a legal fight. It’s about preserving the faith and the structures that guide our lives.”
The leaders said while they respect the Judiciary, they expect rulings that honor the religious context of the communities they affect.
“We must never allow our faith-based legal systems to be overridden by decisions that ignore their importance in our community,” Muhsin added.
The Supreme Court’s referral of the case back to the High Court means the legal process is not fully settled. However, the backlash from Muslim clerics signals a looming confrontation over the boundaries between constitutional rights and religious laws in Kenya.
