JUDGMENT OF THE COURT
This case is unique, and presents an equally unique challenge. There is no precedent to guide us, and we are honoured to pronounce on the complex arguments presented to us. The material facts, to which we will return later, are not in dispute. The issue is purely one of law; more specifically, the interpretation of Muslim law governing inheritance and succession. Can a Kenyan Muslim man, of the Shia Dawoodi Bohra persuasion, who has no children, grandchildren, parents or grandparents, leave his entire estate by will to his wife? What is the law that applies to him? Section 2 (3) of the Law of Succession Act Cap 160 of the Laws of Kenya precludes the application of that Act to Muslims, who shall be governed by “Muslim law”. If that is so, what is the applicable Muslim law in this case?
From a perusal of the sources cited by both parties to the suit, and of the authorities to which these sources refer, certain basic principles are discernible that are germane to the …