Press Release

High Court Ruling Rewards Adultery (Fornication) on Par with Marriage

(Translated)

The Supreme Court has ruled that children born out of wedlock to Muslim parents are entitled to inherit from their father's estate, marking a significant development in the interpretation of Islamic personal law in Kenya. This came after the Supreme Court, on Monday, June 30, rejected an appeal by Fatima Othman Aboud Faraj, who sought to exclude her deceased husband, Salim Juma Hakim Kitendo's children from his estate on the grounds that they were born outside the framework of recognized Islamic marriage.

In this regard, Hizb ut-Tahrir / Kenya would like to clarify the following:

Since Kenya is a secular state, this ruling is not at all surprising, for secularism - a Western ideology that mandates the separation of religion from the state - grants man absolute sovereignty. In this context, the Supreme Court is not a moral institution, but rather it exalts liberal secular ideas and values. Rewarding children born out of wedlock, on par with the institution of marriage, is one of the rulings of secularism that sanctifies personal freedom at the expense of morality.

The consolidation and protection of the "rights" of children born out of wedlock is only part of an intensive campaign waged by the major Western powers against Islam. Legal guarantees and propaganda are practiced in all strata of society to normalize adultery, which has led to an increase in the number of abandoned children in the streets, which has become a danger in urban centers. It is mentioned that street children in Kenya face many burdens, including poverty, lack of access to basic needs, health problems, and exposure to various forms of abuse and exploitation. However, these challenges are exacerbated by the family's failure to take full responsibility, in addition to the state's neglect and failure to take care of people's affairs.

In contrast, Islam obliges family members and the state to take care of children's affairs. As for inheritance, Islam gives the right to it only to legitimate children, while children born out of wedlock and indigent children are the responsibility of the state, the Prophet ﷺ said: "I am closer to the believers than their own selves, whoever leaves behind property, it is for his family, and whoever leaves behind a debt or destitution, it is for me and upon me.".

Finally, we urge Muslims not to be complacent in this matter, as it is an integral part of the global war on Islam. This ruling will be cited as a precedent in other judicial institutions around the world to undermine the law of inheritance in Islam. Therefore, we call on all Muslims of influence in Kenya, including scholars and politicians, to rise up to defend Islam.

Shabani Mwalimu

The Media Representative of Hizb ut-Tahrir

In Kenya