Supreme Court Ruling Shows Clash of Civilizations Between Islam and Capitalism
(Translated)
News:
The Kenyan Supreme Court ruled on Monday that children born out of wedlock to Muslim parents have the right to inherit from their father's estate, representing an important development in the interpretation of Islamic personal status law in Kenya. The Supreme Court justices emphasized the need to balance the application of Islamic personal status law with constitutional protections. The court cited Article 24(4), which permits the restriction of certain rights under personal status laws, such as Sharia, but stressed that these restrictions must be reasonable, justified, and precisely defined.
Comment:
The Supreme Court's ruling embodies the reality of the clash of civilizations and the identity crisis among Muslims in Kenya and the entire world. Muslims today stand at a crossroads between the Western secular liberal system and Islam. This ruling also clearly indicates the core values of freedom of ownership and personal freedom, as being higher than the Lord of man, life, and the universe! This translates into children born from adultery and fornication having legally binding relationships, which reinforces evil in society.
In a liberal society, the safety of society is not a priority, but rather the desires and whims of individuals are dominant and absolute. This creates a society that lacks moral values and elevates evil over good. This rewards adultery and undermines marriage as a sacred institution. A society built on evil is evil in all aspects of life. The state's primary responsibility in capitalism is not to look after the welfare of the subjects, but to protect so-called freedoms, which leads to more evil in social relations, including children born out of wedlock.
Children born out of fornication are deprived in Islam of the rights of lineage and inheritance, not as a punishment for them, but to deter them from evils, and to affirm that marriage is the only legitimate bond to preserve the rights of lineage and inheritance. The Supreme Court ruling in Kenya, which allows children of adultery to inherit in Muslim property, is clear evidence of how much the Western secular liberal thought contradicts the basic Islamic values and legislation.
It is time for Muslims to realize that the Ummah's position on this issue is one of intellectual political struggle. It is the duty of the Islamic Ummah to confine political and intellectual work to reviving Islam and eradicating secular thought that promotes and rewards evil. The Ummah must realize that the secular environment will never be a favorable environment for the flourishing of Islam and justice. This particular issue, and many others in general, foretell the Ummah that the sole responsibility of Islam is to work to establish the Khilafah that will implement Sharia, uphold the truth, and establish justice.
Written for the Central Media Office of Hizb ut Tahrir by
Ali Omar Al-Baiti
Member of the Media Office of Hizb ut Tahrir in Kenya