Hizb ut Tahrir Kenya members
at Masjib Taqwa at Markiti, in Mombasa / BRIAN OTIENO
An Islamic group now claims Western powers are behind the Supreme Court ruling that allows children born out of wedlock to Muslim fathers to inherit their properties.
Hizb ut Tahrir Kenya, says this is a war against Islam, arguing that the ruling is part of an intense campaign against Islam.
“Because Kenya is a secular state, the ruling is not a surprise at all, since secularism – a Western creed that entails separation of state and religion, gives man an absolute sovereignty," media liaison Sheikh Shabani Mwalimu said on Thursday.
The cleric and political analyst spoke during a press briefing at Masjid Taqwa at Markiti, Mombasa.
“Rewarding children born out of wedlock, in other words rewarding adultery, which is evil, in equal terms to the marriage institution is a creedal manifestation of secularism that glorifies personal freedom over morality,” Sheikh Mwalimu said.
“The anchoring and protection of “rights” of children born out of wedlock are only part of an intense campaign being waged by major Western powers against Islam.”
The organisation said legal assurance and propaganda were being carried out in all levels of society to normalise adultery.
The number of street children has become a menace in urban centres as a result of such rulings.
The Sheikh said street children in Kenya face a number of burdens including poverty, lack of access to basic needs, health problems and vulnerability to various forms of abuse and exploitation.
“However, these challenges are exacerbated by family failure in undertaking its full responsibility compounded by the state's negligence and absence in looking after affairs of the people.”
Islam, he said, demands that affairs of the children are the responsibility of both family members and the state.
“As for inheritance, Islam rewards only children born in wedlock to inherit while those born out of wedlock and destitute children are dependent upon the state.”
The organisation expressed fears that the ruling sets a precedent for immorality to be encouraged.
It said the constitution created the Kadhi’s Court specifically to resolve matters of marriage, inheritance and divorce.
Mwalimu said according to the Kenyan judicial hierarchy, the Kadhi’s Court is a subordinate court and their decisions can be appealed.
“We therefore call upon all Muslims of influence in Kenya including Muslim legal fraternity and those in political positions to rise above the occasion in defending Islam,” he said.
Instant Analysis:
According to Islam,
children born out of wedlock cannot inherit their father’s property. They can
only inherit their mother’s property. The Supreme Court ruling on Monday has
elicited different reactions from the Muslim community in the country, some of
whom question the role and powers of the Kadhi’s Court.
