INHERITANCE BY ILLEGITIMATE AND NON-MUSLIM CHILDREN UNDER SHARIA LAW: THE FLAWED KENYAN JURISPRUDENCE
Authored by: Francis B. Joseph ABSTRACT For a long time, application of Islamic law, especially on matters inheritance, has been viewed as discriminatory and unconstitutional. In its judgement dated 10th November 2023 in Faraj v Mwawasi, the Court of Appeal stated that Islamic law restricting children born out of wedlock from inheriting is discriminatory and such practice should be abhorred. This decision has been the subject of much scholarly debate, with some scholars expecting to hear the Supreme Court’s pronouncement on the matter in case an appeal has been filed. This article argues that the Court of Appeal’s view concerning Islamic law of inheritance is misguided. This is from an analysis of the available Court of Appeal decisions in relation to the matter. INTRODUCTION Sharia is an Arabic word that means the correct path. In the Muslim religion, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God. Islamic law is an all-embr