There is a common belief that several fundamental human rights and Islamic law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The disqualification of the child born out of wedlock from the intestate inheritance principle contained within the Islamic law of succession is one of the reasons for this assumption. The latter principle is the subject of this article's investigation. The article addresses whether there is truth in the assertion that the Islamic law of succession and fundamental human rights are at odds. This is done through a constitutional analysis to uncover how this principle could potentially pass constitutional muster albeit its prima facie discriminatory effects. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. This research delves into the basis and rationale of this principle as found within Islamic law. Thereafter, recommendations are given by way of a practical scenario, to demonstrate that there are ways provided for in Islamic law to lawfully circumvent the principle's application. The article concludes with an overall analysis and provides recommendations to Muslims wanting to create a more "equitable distribution", thereby further alleviating misconceptions regarding specific legal principles and the religion of Islam.
Mohamed Hoosain Sungay (Mon,) studied this question.