Allah states:
“Address them via their Fathers.”
(Noble-Qur’ān: Chpt.33, V.5)
al-Muqaddimah/Prelude
There’s been Huge-Buzz via Kenya, regarding a Mas’alah/Case about al-Mīrāth/Inheritance. This-Mas’alah is predicated on a Messy-Situation which should’ve never went public, yet sadly has been made public. It regards a Muslim-Kenyan whom was married and had Children with their 1st-Wife, then had Children with their Other-Wife. The Issue of Polygyny/Multiple-Wives isn’t necessarily the Problem. But, what’s the Problem is that it waa confirmed that the Children this Muslim-Kenyan had via their 2nd-Wife were Bastard-Children prior to their Marriage to their 2nd-Wife, prior to their 2nd-Wife becoming a Muslim.
The Inheritance-Case itself
There’s been a Longtime-Agreement, between Muslim Religio-Authorities via Kenya and the Kenyan-Government (obviously a Non-Muslim Country), to have a Qādhī/Islāmic-Judge System to deal directly with the Religio-Social Umūr/Affairs of the Muslim-Kenyan Demographic/Population. This is honestly a Principled/Noble-Initiative. However, as per this Specific-Issue: the Muslim-Kenyan Qudhā’/Judges most definitely got it Wrong. I’ll explain precisely what I mean.
As per my Travels to Kenya, doing Wellness/Chaplaincy-Work via Kenya, etc. I’ve been privileged to obtain an Authentic-POV into the Everyday-Lives of Muslim&Non-Muslim Kenyans. So, because of this: naturally I’m 💯%-Invested in the Holistic-Wellbeing of the Muslim-Kenyans whom trust me to serve the Kenyan-People. And, because of such an Amānah/Trust, I must be as objective as humanly possible: it’s realistically impossible to establish/maintain Justice without Objectivity.
This Inheritance-Case was first brought to my Attention via MPCA (Muslim Psychologists and Counselors Association) which I’ve been working very closely with via Kenya. We, amongst ourselves, have honestly debated/argued immensely regarding the Kenyan Decualr-Court Ruling about the Aforementioned-Case as well as the Muslim-Kenyan Qudhā’ attempting to appeal/overturn the Kenyan Secular-Court Decision.
The Kenyan Secular-Court Decision
The Kenyan Secular-Court ruled that although this Muslim-Man had Bastard-Children, such Bastard-Children are still entitled to Portions of their Biological-Father’s Māl (Possessions, Assets, Wealth, Properties, etc. This apparently didn’t go well with the Muslim-Kenyan Qudhā’, clearly because the Muslim-Kenyan Qudhā’ aimed to repeal the Kenyan Secular-Ruling concerning the Aforementioned Inheritance-Case. These Muslim-Clerics via Kenya are 💯%-Wrong to despute this. The Kenyan Secular-Court ironically made an
Islāmically-Principled Secular-Ruling.
The Sabab/Reason how/why the Muslim-Kenyan Qudhā’ have disputed this Inheritance-Ruling
The Initial-Jadl/Argument via the Kenyan-Qudhā’ is their Claim that such a Ruling can/will pontificate/promote az-Zinā/THOTery amongst Muslim-Kenyans. This is quite honestly absurd. The Only-Thing which can combat az-Zinā is at-Taqwā/Morality.
The Issue of az-Zinā has nothing to do with the Fact that it’s Islāmically-Wrong to deny any Child the Mirāth/Inheritance via their Fathers, providing their Fathers claim
them as their Children. And, Religio-Historically: `Ulamā’ (Religio-Scholars) differ as per whether or not a Bastard-Child can claim their Father, whether or not a Father can claim their Bastard-Children, etc.
These Kenyan-Qudhā’ attempting to appeal this Kenyan Secular-Ruljng regarding Inheritance, fully knowing that `Ulamā’ (Muslim Religio-Dcholars) historically have differed about This-Issue anyway:
It’s going to actually give Muslim-Men more of a Greenlight/Pseudo-Justification to commit az-Zinā and produce Bastard-Children, under the Pseudo-Auspices that they’re not Islāmically-Respondible for their Biological-Children. This is the Wrong-Posture to take. We know this, because This-Issue is literally how/why the Marital-Practice known as al-Misyār (the Salafī-Version of al-Mut`ah [Temporary-Marriage]) began via the Khalījī/Gulf-States. al-Misyār was incepted/invented, via the Gulf-States, to attempt minimizing the Zinā-Rates their Muslim-Male Foreign-Exchange Student Populous were indulged in all across the Planet within and without the Arab-World.
https://gbwrites.com/2022/05/22/evilofabandonment/
The Proofs that `Ulamā’/Muslim-Scholars differ about the Aforementioned-Issue
Both-Madhāhib/Opinions, regarding the Allowance as well as Disallowance of Men claiming their Bastard-Children and Bastard-Children claiming their Biological-Fathers are equally Evidence-Based via at-Tanzīl/Revelation. There’s Several-Ahādīth/Narrations, as well as Various-Fatāwā/Rulings from Classic-`Ulamā’ whom favor or disfavor Either-Madhab/Opinion regarding the Islāmic-Allowance or the Islāmic-Prohibition of a Father claiming one’s Bastard-Child, a Bastard-Child claiming their Biological-Father, etc.
And, there’s absolutely no Right or Wrong via adhering to 1-Madhab over the Other-Madhab. But, there’s definitely a Problem in attempting to dismiss the Validity of the Other-Madhab (regardless of which Madhab one is for or against). If one is in favor of Fathers claiming their Bastard-Children, Bastard-Children claiming their Biological-Fathers, etc. then That-Madhab is supposed to be respected. If one is in favor of Fathers not claiming their Bastard-Children, Bastard-Children not claiming their Biological-Fathers, etc. then That-Madhab is supposed to be respected.
http://www.islamqa.info/amp/en/answers/230367
Anyone whom truly respects al-`Ilm/Knowledge knows that once there’s clear/established Ikhtilāf (Scholastic-Difference) on any Islāmic-Issue which is Evidence-Based, then let the Adillah/Evidences speak for themselves. It’s just as Allah states:
“Those whom believe pay attention: Obey Allah, as well as the Messenger, as well as the Possessors-Of-Authority amongst you. But, if you differ as per anything then refer to Allah & the Messenger providing you believe in Allah & the Last-Day. That’s best as well as a Most-Excellent Conclusion.”
(Noble-Qur’ān: Chpt.4, V.59)
To conclude: these Kenyan-Qudhā’ better seriously reconsider attempting to repeal thd Aforementioned Kenyan-Court Inheritance-Ruling. Just because we may disagree with any Particular Madhab (Religio-Opinion): our Disagreement never automatically invalidates such a Madhab, unless there’s Evidence, Stronger-Evidence, etc. (via at-Tanzīl) which invalidates such a Madhab.
Gareth Bryant
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