Muslims now protest court ruling on estate for out of wedlock children
Coast
By
Patrick Beja
| Jul 05, 2025
A group of Muslims have expressed outrage over a recent ruling by the Supreme Court ruling allowing children born out of wedlock to inherit their father’s property.
The Muslim leaders called for a review of the ruling, claiming the apex court had interfered with their religious rights.
Speaking after Friday prayers at the Sakina mosque in Mvita constituency, the Muslims claimed the ruling took away the authority of the office of the Chief Kadhi and violated Muslim rights.
Imam and chairman of the Pwani Patriotic Religious Leaders, Sheikh Abu Qatada, said the faithful were saddened by the ruling because it went against Islam, and hence it should be reviewed.
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“This ruling is against Islam. Where is the freedom of worship? The office of the chief kadhi is constitutional and has been given authority over matters of inheritance, marriage, and divorce, and its authority should not be taken away. It should be respected,” Qatada said.
He challenged Muslim governors, senators and MPs to join the push to restore the authority of the Kadhi’s Court and preserve matters of inheritance, marriage and divorce enshrined in the Constitution.
“We are planning to collect one million signatures and petition for a review of this ruling because it is a threat to the existence of the Kadhi’s courts. The ruling can also lead to unnecessary religious conflict in the country,” he noted.
Athman Sharif, a Muslim scholar and activist, said the ruling may encourage women to have children out of wedlock and seek inheritance from Muslim and other families and hence should be rejected.
“We are also calling for the elevation of the office of the Chief Kadhi to the level of High Court so that its mandate can be enhanced,” he said.
Mohamed Abubakar, another Muslim activist, said Muslim political leaders should either fight for the review of the ruling or lose the support of the faithful.
“Muslim political leaders should stand with the faithful at this time or they lose our support,” he warned.
Mombasa Woman Representative Zamzam Mohamed opposed the court’s ruling, saying she will side with the religious teachings on inheritance.
“I will always stand on the side of my religion. That ruling should be reviewed,” she said.