The Islamic Law of Marriage and Inheritance in Kenya

Abstract Article 24(4) of the Constitution Kenya qualifies right to equality “to extent strictly necessary for application of” Islamic law “in matters relating personal status, marriage, divorce and inheritance”. Section 3 Marriage Act provides that, although spouses have equal rights during marriage at its dissolution, “the parties an shall only granted under law”. The Law Succession states that it is generally not applicable estate a deceased Muslim. In this article, author examines case from Kadhi's Court, High Court Appeal on issues Muslim marriages inheritance. These cases illustrate, in some instances, tensions between human rights.