North Rift Muslim Leaders Fault Supreme Court’s Ruling on Rights of Children Born out of Wedlock

• Muslim leaders have called for a review of the landmark Supreme Court's ruling on the right of children born out of wedlock to inherit their father's estate
• The apex court ruled that denying inheritance to children born out of wedlock based on their birth was unconstitutional
• However, Muslim leaders from the North Rift region explained why the ruling was faulty and against their doctrines

Eldoret: A section of Muslim leaders in the North Rift region has faulted a recent Supreme Court ruling on the right of children born out of wedlock to inherit their father’s estate.

The clergy, led by the region’s chairperson of the Council of Imams and Preachers of Kenya (CIPK), Sheikh Abubakar Bini, said they will seek a review of the landmark ruling.

Why Muslim leaders have faulted the Supreme Court ruling

Addressing the press in Eldoret on Thursday, July 10, Bini noted that the ruling was contrary to Muslim teachings.

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The CIPK official, flanked by other Muslim leaders from Uasin Gishu, said such a ruling would not have been delivered if the country had a Kadhis' Court of Appeal.

“Allowing inheritance to a child born outside wedlock is against Islamic doctrines, but since there is no Court of Appeal specifically dealing with the issues concerning Islam, this is why we have such rulings made against the will of the Islamic faithful,” said Bini.

The cleric said a review of the ruling is the only way to ensure the error is fixed.

He said if it goes unchallenged, the court’s decision is likely to affect Muslim customs and religious doctrines.

“We want to come out clear on the ruling delivered in the Supreme Court on the succession. It is against the Islamic doctrines, and we are calling for a review of the case to allow religious doctrines to be factored in,” the clergy said.

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Does Kenya have an Islamic Appeals Court?

Abdulaziz Mohammed, a Muslim leader in Eldoret, shared similar sentiments. He said the establishment of the Islamic Appeals Court will help resolve issues affecting its members.

“Many Muslims have found themselves in the normal courts in cases and issues that should have been handled by an Islamic court. The courts often make rulings that are contrary to our doctrines and practices,” Mohammed said.

He asked President William Ruto to consider their plea and set up a Court of Appeal specifically for the Muslims.

Kenya has Kadhis' Courts, which enforce limited rights of inheritance, family, and succession for Muslims. However, appeals from Kadhis' courts are heard by the High Court.

Is cohabitation proof of marriage?

Previously, TUKO.co.ke reported that the Supreme Court had issued a ruling over the legality of the 'come-we-stay' arrangement.

In its ruling, the court noted that a man and a woman living together was not proof enough that they are married.

The judges argued that marriage was voluntary and that two adults could live together without having the intention to confine themselves in a marriage.

Proofreading by Asher Omondi, copy editor at TUKO.co.ke.

Source: TUKO.co.ke