OPINION: The Supreme Court ruling on Islamic inheritance law demonstrates a concerning level of naivety

On June 30, 2025, the Supreme Court issued a landmark ruling affirming the inheritance rights of children born out of wedlock by Muslim fathers.

This decision has sparked significant debate and scepticism, raising concerns regarding potential incursion into Islamic principles.

Mr. Ibrahim Hish Adan is a former Teachers Service Commission (TSC) County Director for Garissa County and Regional Director for North Eastern. Photo/ Courtesy

The ruling represents, arguably, a departure from established legal norms, invoking questions about the court’s fidelity to Islamic doctrine and consenting to a modus-operandi in straitjacketing how we should worship our creator.

Foundational Principles of Inheritance in Islamic Law

Islamic inheritance law is meticulously delineated in the Quran, particularly in Surah An-Nisa (Chapter 4), verses 11–12 and 176. In Islam, inheritance is not merely a communal right; it constitutes a religious obligation\ that is divinely ordained.

The Quran categorises legitimate heirs and allocates specific shares to them.

Central to Islamic jurisprudence is the premise that lineage is recognised exclusively within the bounds of marriage.

Thus, offspring born out of wedlock are typically precluded from asserting inheritance rights from their biological fathers or their paternal families.

This injunction is seen as a firm divine decree (Qadar) that exists outside the purview of secular legal interpretations.

The Role of Kadhi Courts under the 2010 Constitution and the Jurisprudential Underpinnings of Equality

Recognizing the nation’s socio-religious diversity, the 2010 Constitution facilitated the establishment of Kadhi Courts, endowed with jurisdiction primarily over personal status issues, including marriage, divorce, and inheritance for Muslims.

Article 170 specifies that Kadhi Courts possess authority only with the consent of all parties affirming their Muslim identity and agreeing to the court’s jurisdiction.

Furthermore, Article 24(4) delineates the parameters of equality, stipulating that its application is limited to instances strictly necessary for the administration of Muslim law within Kadhi Courts, and applies exclusively to those professing the Islamic faith in matters of personal status.

Judicial Competence and the Importance of Jurisprudential Expertise

The core of jurisprudence lies in the intricate analysis of rights, duties, obligations, and the foundational sources of law. Islamic law, primarily derived from the Quran, necessitates a profound understanding shaped through rigorous academic inquiry into Islamic jurisprudential principles.

This underscores the necessity for thorough scholarly engagement when interpreting legal matters within the framework of established Islamic doctrine.

It is, therefore, concerning that the Supreme Court Justices have taken it upon themselves to reinterpret the sacred tenets of the Quran without the requisite expertise, undermining the integrity of Islamic legal principles in the face of evolving societal contexts.

Fomenting Religious Intolerance and Sectarianism through Legal Activism

Recognizing that inheritance disputes fall within the jurisdiction of the Kadhi courts, which operate under strict Sharia principles administered by trained scholars proficient in Islamic Sharīʿah referred to as Kadi, it is evident that the adjudication of this case and the subsequent verdict issued by the Supreme Court are fraught with jurisdictional overreach and a lack of genuine jurisprudential insight.

This, therefore, raises clear alarms regarding the potential for judicial rulings that do not merely misinterpret religious law but actively propagate religious intolerance and exacerbate sectarian tensions within an otherwise cohesive society.

The ingenuity of this ruling is closely related to another one that denied Muslim girls the right to wear the hijab in schools.

This aligns with Dr. Dayow’s assertion that “the judiciary is increasingly inclined to view religious conviction through the lens of ‘reasonable limitations.”

The signs of this trend have been emerging quietly and consistently.

The commandments by Allah in the Quran to humanity are unequivocal and inalterable, standing independent of any ephemeral human constructs that purport to advocate for justice or equality. As believers—both men and women—we will persist in the practice of our faith unreservedly, regardless of the verdict thereto.

The Quran and the Injil serve as integral texts guiding the spiritual and ethical frameworks of Muslims and Christians, respectively.

It is essential to acknowledge that the authority of the Supreme Court cannot rival the divine mandate. Consequently, there is a moral urgency for the court to seek atonement and rescind its ruling immediately.

The author of the article expresses support for the thoughts shared by Hon. Duale, our dedicated Minister of Health Billow Kerrow, who has tirelessly served as a former Senator and MP for Mandera North; Dr. Mohamed Dahir, a compassionate consultant and educator; and Ahmed Nasir Abdullahi, a respected Senior Counsel. Their insights reflect a deep commitment to the well-being of our communities.