Kenya, July 12 -- Sheikh Hussein was buried in Mombasa on Thursday evening. He had been the Chief Kadhi since July 2023, taking over from Sheikh Ahmed Mudhar, who retired after serving for 12 years.
The Chief Justice, Martha Koome, will soon appoint a new Chief Kadhi through the Judicial Service Commission (JSC).
First, the JSC will declare that the position is open, and then it will advertise the job. They will likely appoint the most senior Kadhi to fill the role temporarily while searching for a permanent replacement.
Those interested in the position will need to apply, and after a selection process, candidates will be interviewed publicly. The JSC will then choose the best candidate, who will be announced as the new Chief Kadhi.
After the burial, Omar, a prominent figure, said that the JSC should be allowed to do its job without outside influences. He reminded everyone that the Chief Kadhi is an important judicial position.
He also pointed out that the Chief Kadhi plays a vital role in leading the Muslim community, and this role should be respected. Omar expressed his confidence that Chief Justice Koome would make the right choice while considering the expectations of the Muslim community.
He emphasized that Islamic law should not change based on modern opinions or situations. According to him, the new Chief Kadhi must follow the true teachings of the Quran. He stated that no court should try to change what is written in the Quran.
Omar criticized a recent Supreme Court decision that allowed children born out of wedlock to inherit from their Muslim fathers, saying that according to Islamic law, these children should inherit only from their mothers.
He claimed that this ruling was disrespectful to the Muslim community and caused unnecessary upset. He suggested that the Supreme Court should review its decision because not everything it rules is in line with Islamic law.
Supporting this view, Mombasa businessman Mbarak Bashatir said all Muslims should stand against the ruling. He stressed that Islamic law states that children born out of wedlock cannot inherit, and allowing this goes against the teachings of the Quran.
Bashatir argued that Kadhi courts were specifically set up to handle Islamic issues, and for a secular court to allow what Islam forbids challenges the Quran and Allah.
Bashatir expressed that Sheikh Hussein's death is a loss for the Muslim community, as he would have provided wise guidance on these issues. He noted that this Supreme Court ruling happened while Sheikh Hussein was in India for medical treatment.
Bashatir prayed for a new Chief Kadhi who would protect Islamic teachings and follow the legacy left by Sheikh Hussein.
He described Sheikh Hussein as an outstanding scholar, humble and wise in Islamic law, and said Kenya is better because of his contributions. He hoped that his successor would be just as good or even better.
The Supreme Court's ruling was about a case where a woman wanted to stop her husband's previous children from inheriting his estate.
The lower courts had allowed those children to inherit, and the woman went to the Supreme Court to have that decision changed.
Published by HT Digital Content Services with permission from Bana Kenya.