CIPK Criticizes Ruling on Illegitimate Children’s Inheritance

Council of Imams and Preachers of Kenya (CIPK) officials address a press conference in Mombasa where they strongly opposed a recent High Court ruling granting inheritance rights to children born out of wedlock under Islamic law.

The Council of Imams and Preachers of Kenya (CIPK) has strongly opposed a recent High Court ruling that granted inheritance rights to children born out of wedlock under Islamic law, saying the decision violates the sanctity of Sharia principles.

In a landmark judgment delivered at the High Court in Mombasa, Justice Eric Ogola ruled that children born outside of marriage are entitled to inherit from their deceased father's estate, regardless of religious affiliation. The ruling was made in a case where a woman had moved to court on behalf of her two children, seeking recognition and a share of their late father's property, who was a practicing Muslim.

Justice Ogola emphasized that all children, whether born in or out of wedlock, are equal before the law and cannot be discriminated against. He stated that denying such children inheritance amounts to a violation of their constitutional rights, especially the right to equality and protection from discrimination.

However, the ruling has drawn sharp criticism from CIPK, which insists that Islamic law is explicit on matters of inheritance and does not permit children born out of wedlock to inherit from their biological fathers.

Speaking during a press briefing in Mombasa, CIPK Organizing Secretary Sheikh Mohamed Khalifa accused the court of encroaching on religious freedom and undermining Islamic jurisprudence.

“Islamic law is derived from the Qur’an and Hadith, and it clearly outlines the rules of inheritance. Any attempt to alter or reinterpret these divine laws through secular courts is unacceptable and a direct violation of our religious beliefs,” said Sheikh Khalifa.

He added that Islamic inheritance is a matter of religious doctrine and not subject to civil legislation or constitutional reinterpretation.

CIPK officials warned that the ruling could set a dangerous precedent, potentially eroding the autonomy of religious communities to govern their personal affairs according to their faith. They called on Muslim scholars, legal experts, and institutions to come together and challenge the ruling at the Court of Appeal.

“We respect the judiciary, but we must firmly reject decisions that conflict with our religious obligations. This is not just a legal issue, it is a matter of faith,” Khalifa added.

Legal experts remain divided on the implications of the ruling. While some hail it as a step toward ensuring equal rights for all children, others caution that it may stir controversy in deeply religious communities that interpret family law according to their faith traditions.

The ruling has sparked widespread debate across the country, particularly among Kenya’s Muslim population, with many calling for dialogue between the judiciary and religious leaders to prevent future clashes between civil law and religious doctrine.

As the case heads for possible appeal, it is expected to attract participation from various Muslim organizations, including the Supreme Council of Kenya Muslims (SUPKEM) and the Kenya Muslim National Advisory Council (KEMNAC), who have expressed concern over what they term as judicial interference in religious matters.

Written by Kelvin Ng'ang'a