Muslim organisations in Kenya have aggressively opposed a recent Supreme Court order that permits children born out of marriage to inherit property from their fathers. In a press conference held at Jamia Mosque, Nairobi, the leaders described the decision as a "direct affront to the Islamic faith" and a violation of constitutionally protected religious freedoms.

Speaking on behalf of key Muslim organizations including SUPKEM, NAMLEF, CIPK, and Jamia Mosque Nairobi ,the leaders expressed deep concern over what they termed as judicial overreach into religiously governed personal matters.

The leaders said that while the ruling was made in the name of justice and equality, it directly goes against Islamic teachings on family, inheritance, and lineage. They reminded the country that Islam is not just a religion but a way of life, and Muslims are allowed by the Constitution to handle personal matters such as marriage, divorce, and inheritance under Islamic law (Shariah).

“Our religion is protected by the Constitution, and it clearly gives us the right to be governed by Shariah in personal matters,” the leaders said in a joint statement. “The Kadhi Courts exist for this very reason. This ruling tries to force a different belief on us — one that we cannot accept.” Hassan Ole Naado, said

According to Islamic law, a child born outside of marriage can inherit from their mother and vice versa. A father can also give them a gift during his lifetime or include them in his will — but they are not automatically entitled to inherit from him as legitimate children do. Muslim leaders explained that this is a matter of faith and law combined, and any attempt to force a different system on Muslims goes against both the Constitution and their beliefs.

The leaders emphasized that while Islamic law permits children born outside of marriage to inherit from their mothers, it does not extend the same right for paternal inheritance unless granted as a gift during the father’s lifetime or included in a will. They warned that the Supreme Court's interpretation could destabilize family structures and sow social confusion in Muslim communities.

They also pointed to Section 2(3) of the Law of Succession Act, which clearly states that the law does not apply to Muslims when it comes to inheritance matters — meaning that Muslim estates should be handled according to Islamic law. They accused the Supreme Court of ignoring this legal protection and warned that such rulings set a dangerous precedent.

“This is not the first time we have seen the Supreme Court ignore Muslim concerns,” they added, referring to a 2019 judgment where the court ruled against Muslim girls wearing hijab in school — a decision that has still not been reviewed despite efforts from the Muslim community.

In their six-point response, the leaders:

1. Rejected and condemnedthe ruling as unconstitutional and harmful.
2. Called on President William Rutoto intervene and uphold the rights of Muslims to be governed by their religious laws.
3. Urged the Attorney Generalto seek a constitutional interpretation to protect religious minorities.
4. Appealed to Parliament,particularly Muslim legislators, to enact laws safeguarding Muslim personal law from erosion.
5. 5. Requested guidance from the Kadhi Courtsto help Muslim families protect their estates under Islamic principles.
6. 6. Advised the Judiciaryto consider Kenya’s religious diversityto be more careful, inclusive, and respectful when dealing with religious matters reminding judges that Kadhi’s Courts and Islamic law are part of Kenya’s history and constitutional structure.

In their final message, the leaders called on all Muslims in Kenya to stay alert, informed, and united in defending their faith through legal and peaceful means. They stressed that Muslims have never tried to force their laws on others — and they expect the same respect in return.

“Kenya is a multi-religious country. Trying to force one legal system on everyone is wrong and dangerous. It will only create division and problems in the country,” they warned.

The leaders insisted that their religious law matters and demand justice: “We will stand firm. We will stand united. And we will protect our faith, our families, and our rights — using all the legal and constitutional means available to us.”