Why Imams are seeking Court of Appeal’s help in inheritance disputesThe Council of Imams and Preachers of Kenya (CIPK) wants Parliament to enact a law for the establishment of a Kadhis Court of Appeal to deal with issues relating to inheritance and other property cases among Muslims through the guidance of the Quran. Recently, the High Court in Mombasa overturned a ruling by the Kadhi’s Court that denied a beneficiary, who was allegedly born out of wedlock, the right to a share of his Muslim father’s estate. While ruling in favour of the child, the Court of Appeal said that it was discriminatory to deny a child inheritance simply because he or she was born out of an unlawful union. In Islamic law, a child born out of wedlock can only inherit from the mother and not from the father. Contrary to Islamic law, the Kenyan Constitution states that the rights of a child take precedence over marital status.
