Muslim Leaders Launch Petition Drive Against Supreme Court Inheritance Ruling

Religious group vows to collect one million signatures challenging decision on children born out of wedlock

A coalition of Muslim leaders in Kenya has launched a campaign to overturn a Supreme Court ruling that grants inheritance rights to children born outside marriage, announcing plans to collect one million signatures in opposition to the decision.

The protest emerged during Friday prayers at Sakina mosque in Mvita constituency, where religious leaders denounced the ruling as an attack on Islamic law and the constitutional authority of Kadhi courts.

Sheikh Abu Qatada, who serves as both an imam and chairman of the Pwani Patriotic Religious Leaders, led the criticism, arguing the Supreme Court had overstepped its bounds by interfering with religious jurisdiction over inheritance matters.

“This ruling is against Islam. Where is the freedom of worship?” Qatada said, emphasizing that the Constitution grants Kadhi courts authority over inheritance, marriage, and divorce issues within the Muslim community.

The religious leaders warned the ruling could undermine the entire Kadhi court system, which operates parallel to civil courts to handle personal status matters for Muslims according to Islamic law.

Muslim scholar and activist Athman Sharif raised concerns the decision might encourage extramarital relationships, claiming it could lead to women having children outside marriage specifically to claim inheritance rights from Muslim families.

The campaign has drawn political support, with Mombasa Woman Representative Zamzam Mohamed publicly backing the religious leaders’ position. “I will always stand on the side of my religion. That ruling should be reviewed,” she stated.

The Muslim leaders issued an ultimatum to elected officials, with activist Mohamed Abubakar warning that Muslim politicians must either support the review effort or risk losing community backing.

Beyond seeking to overturn the current ruling, the group is also pushing for elevation of the Chief Kadhi’s office to High Court level to strengthen its judicial authority.

The controversy highlights ongoing tensions between civil law and religious law in Kenya’s legal system, where the Constitution recognizes both secular courts and specialized religious courts for personal status matters.​​​​​​​​​​​​​​​​