The leaders, drawn from the Supreme Council of Kenya Muslims (Supkem), National Muslim Leaders Forum (Namlef), Council of Imams and Preachers of Kenya (CIPK) and the leadership of Jamia Mosque, described the judgment as an insult to Islamic law, which upholds the integrity of family and social lineage.
Supkem Chairperson Hassan Ole Naado, his Namlef counterpart Abdullahi Abdi and CIPK’s Sheikh Hassan Ali Amin called on President William Ruto, Parliament, the Office of the Attorney-General, the Kadhi Courts and the Judiciary to protect the constitutional provisions that safeguard Muslim personal laws.
“This is a matter of constitutional rights. Muslims in Kenya have never imposed their religious rulings on others and we will not accept the imposition of rulings that dismantle our faith, values and practices. We will file for a review,” said Mr Naado during a press briefing at Nairobi’s Jamia Mosque.
He warned that disrespecting Islamic law in a secular country like Kenya risks creating division, mistrust and a constitutional crisis.
The Supreme Court on June 30 upheld a Court of Appeal ruling that affirmed the inheritance rights of children born out of wedlock to Muslim fathers, citing the constitutional principle of non-discrimination. The court declared that all children, regardless of their parents’ marital status, must be treated equally under succession and inheritance laws.
The case stemmed from an appeal by Ms Fatuma Athman Abud Faraj, who sought to exclude children fathered by her late husband, Salim Juma Hakeem Kitendo, with two other women outside Islamic marriage, from his estate.
Ms Faraj, who had four children with Kitendo within a formal Islamic union, argued that the others were not recognised under Islamic law and thus should not inherit.
In November 2023, the Court of Appeal ruled in favour of the excluded children, saying their disinheritance violated Article 27 of the Constitution, which guarantees equality and freedom from discrimination.
Mr Ali claimed that the ruling could set a dangerous precedent. “This judgment will cause confusion, disharmony and social havoc in the Muslim community. It undermines the sanctity of marriage, which is the cornerstone of family life in Islam and other faiths,” he said.
Under Islamic law, children born out of wedlock may only inherit from their mothers, not their fathers. They may receive hiba (gifts) during their father's lifetime or be named in a will (wasiyyah), which is limited to one-third of the estate.
Mr Naado said that their lawyers will pursue all legal avenues to challenge the decision. “We stand firm and will protect our faith, our families and our freedom through all legal and constitutional means,” he said.
The Muslim leaders also accused the Supreme Court of having a pattern of issuing rulings hostile to Islamic practices. They cited the court’s previous reversal of a Court of Appeal decision that had upheld the right of Muslim female students to wear hijab in schools.
“More than six years later, the Supreme Court has still failed to hear the application for a review of the hijab case,” Mr Naado lamented.
