Health Cabinet Secretary Aden Duale has strongly rejected a recent Supreme Court ruling on Islamic inheritance, maintaining that Muslims will continue to follow the teachings of the Quran over constitutional interpretations.
Speaking during a wedding ceremony on Sunday, July 6, 2025, Duale stated that Islamic law is clear on matters of succession, and any attempt to impose secular interpretations would be firmly resisted.
“The Constitution gives us the freedom of worship. Muslims have their way of handling inheritance, marriage, and family issues. Children born out of wedlock are not entitled to inheritance under Islamic law,” said Duale.
Supreme Court ruling
His remarks follow a Supreme Court judgment issued on June 30, 2025, in that case, the court dismissed a petition seeking to uphold the exclusion of children born out of wedlock from inheriting under Muslim law.
The apex court ruled that such exclusion was discriminatory and contravened constitutional rights to equality and the best interests of the child, protected under Articles 27 and 53 of the Constitution. The court held that although Article 24(4) of the Constitution permits the application of Muslim law in personal matters, it does not provide a blanket exemption from constitutional guarantees of equality.
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“When the Constitution a man-made document conflicts with the Holy Quran, we as Muslims will follow the Quran and the teachings of the Prophet,” Duale asserted.
He stressed that Islam has guided the lives of Muslims for generations and that religious laws cannot be overturned by secular courts.
The ruling has sparked public debate, especially in Kenya’s diverse religious and legal framework, with legal experts warning of a looming clash between constitutional rights and religious freedoms.
Despite the Supreme Court’s decision being binding, its implementation among Muslim communities is expected to face challenges, as many remain committed to traditional interpretations of Islamic law.
Duale’s remarks have added fuel to the ongoing debate about the balance between faith and constitutional order, particularly on sensitive family matters such as inheritance and legitimacy.
