Nominated Senator Miraj Abdillah has strongly criticized the recent Supreme Court ruling that affirmed inheritance rights for children born out of wedlock to Muslim fathers. The Apex Court emphasized that its decision was guided by the constitutional principle of non-discrimination.
Speaking during the Breakfast 47 show on Radio 47 with Emmanuel Mwashumbe and Alex Mwakideu, Senator Miraj said the ruling contravenes Islamic law and infringes on the constitutional rights of the Muslim community.
“According to Islamic law, such a child has no right to inherit anything not even take the father’s name,” Senator Miraj stated, describing the court’s decision as a violation of religious freedoms guaranteed in the Constitution.
The senator further explained Islamic inheritance procedures, noting that a child born out of wedlock can only benefit from a father’s wealth through the father’s goodwill, and not as a right. She added that these laws are designed to discourage fornication within the community.
“The rules of inheritance are clearly stated in the Quran,” Miraj said.
Beyond her criticism, Senator Miraj warned that the ruling could set a precedent that undermines Islamic family law in Kenya calling for measures that ensure constitutional interpretations respect religious doctrines, especially in matters of personal law that affect succession, marriage, and family.
