NAIROBI, Kenya, Jul 6 – Muslim religious organizations have condemned the recent Supreme Court ruling that grants inheritance rights to children born out of wedlock.In a statement signed by Supreme Council of Kenya Muslims (SUPKEM), National Muslim Leaders Forum (NAMLEF) and the Council of Imams and Preachers, the Muslim leaders termed the judgment an affront to the Islamic faith, a violation of constitutional protections, and a threat to the country’s religious and cultural diversity.“This ruling, while disguised as a move towards equality and justice, is a direct affront to Islamic law and values, which are constitutionally protected in Kenya,” they stated.“It contravenes our religious doctrine, threatens family integrity, and undermines the Constitution, which recognizes the application of Muslim personal law in matters such as marriage, divorce, and inheritance.”The Supreme Court on Monday ruled that children born out of wedlock to Muslim fathers are entitled to inherit from their father’s estate.In their judgment, Supreme Court judges emphasized the need to balance the application of Muslim personal law with constitutional protections.The court cited Article 24(4), which permits the limitation of certain rights under personal laws such as Islamic law, but stressed that such limitations must be reasonable, justifiable, and narrowly defined.Citing Article 32 and Article 24 of the Constitution, the leaders emphasized that Muslims have the right to be governed by Shariah in personal matters, as facilitated through the Kadhi Courts.They also pointed to Section 2(3) of the Law of Succession Act (CAP 160), which expressly exempts Muslims from civil succession law, affirming that the devolution of the estate of a deceased Muslim shall be governed by Islamic law.According to Islamic teachings, children born outside a lawful marriage are not automatically entitled to inherit from their biological fathers.However, they may receive gifts (hiba) during the father’s lifetime or be included in a will (wasiyyah) for up to one-third of the estate.“We are alarmed that the apex court, which is meant to protect and interpret the Constitution with fidelity and sensitivity to all its provisions, has chosen to ignore CLEAR LEGAL AND CONSTITUTIONAL PROVISIONS and conveniently chose to override religious protections,”the statement read.The leaders noted that the Supreme Court ruling disregards this framework and instead imposes a civil interpretation of family and succession law that is incompatible with Islamic principles.SUPKEM warned that the judgment sets a dangerous precedent, erodes the sanctity of marriage as understood in Islam, and may lead to widespread confusion and legal conflicts within the Muslim community.They further decried the court’s failure to respect legal pluralism in a country whose constitution affirms religious diversity and freedom of belief.The leaders recalled a similar ruling in 2019 when the Supreme Court overturned a Court of Appeal decision that had upheld the right of Muslim schoolgirls to wear the hijab.They expressed frustration that, over six years later, the Court has yet to hear the application for a review of that decision an omission they say points to a broader pattern of insensitivity to Muslim concerns.In their statement, the Muslim leaders called on President William Ruto to defend the constitutional rights of Muslims and safeguard religious freedom.They urged the Attorney General to seek an advisory opinion from the Supreme Court to protect religious and cultural minorities from judicial overreach.They also called on Parliament particularly Muslim representatives and members of the Justice and Legal Affairs Committee to introduce legislative protections for Muslim personal law.SUPKEM appealed to the Kadhi Courts to issue clear guidance to the Muslim community on protecting family rights and managing estate distribution in accordance with Islamic teachings.The judiciary was also urged to exercise greater caution and inclusivity when issuing rulings that affect constitutionally protected religious practices.“Chipping away at these religious rights is not just unconstitutional it is reckless and potentially destabilizing,” the statement read.SUPKEM called on all Muslims to remain informed, united, and proactive in defending their faith and religious rights within the law.They emphasized that Muslims have never imposed their religious rulings on others, but would not accept the imposition of rulings that contradict their values and sacred principles.“Kenya is a multi-religious state, and any move to override or forcibly harmonize personal law threatens to sow division, mistrust, and constitutional crisis,” the statement read.“We stand firm, we stand united, and we will protect our faith, our families, and our freedoms through all legal and constitutional means.”