The Supreme Court has ruled that children born out of wedlock are entitled to inherit from their Muslim father’s estate.
This ruling was made in the case of Fatuma Athman Abud Faraj vs Ruth Faith Mwawasi and two others, where the court declared that excluding children born out of wedlock is unconstitutional.
The ruling pointed out that the exclusion violates the right to equality (Article 27) and the best interests of the child (Article 53).
The judges emphasised that succession must prioritize all children’s welfare and that birth status shouldn’t determine inheritance.
