Presentation on Concept of Conversion and Apostasy in the eyes of Islamic laws backed up with legal sources and case laws.

1. B.A.LLB
3rd Semester

2. Concept of Conversion and Apostasy under Islam
 Conversion by Muslims to other faiths is forbidden under most
interpretation of Sharia and converts are considered apostates (Non-
Muslim, however, are allowed to convert into Islam).
 The legal precedent stretches back to the seventh century when Prophet
Mohammad ordered a Muslim man to death who joined the enemies of
Islam at a time of war, because apostasy is not a crime under the
criminal codes of Muslim stages, generally the murtad is not subject to
any criminal sanction.
 The Quran contains a provision that says he who has embraced Islam
and then abandons it will receive punishment in hell after judgement
day.

3. 1. Changing religion affects inheritance rights:
 As a result of conversion, his/her right to inherit ends. Muslim too are
prohibited from inheriting property if they convert from Islam to
another religion.
 There is a strict rule in Hindu law that a person who converts from
Hinduism to another religion can never inherit anything from their
Hindu relations. As a result of conversion, his/her right to inherit ends.
Muslims, too, are prohibited from inheriting property if they convert
from Islam to another religion. It is important to note that the specified
rule was repealed in 1850 by the Caste Disabilities Removal Act. This
provision was also known as the Freedom of Religion Act.
 In accordance with the above rule, all the disabilities that were related
to conversion of religion have been removed, however, the law is subject
to other laws that have been made by the authority in question.

4. 2. In case of a conversion, the following effect will
have an impact on marital rights:
 A person who converts to another religion has to follow certain rules in
a marriage. For example, the marriage of a Muslim husband, even if he
converts to another religion, is considered to be dissolved if he converts
to a different religion. The Dissolution of Muslim Marriage Act, 1939,
changed the situation of a wife after her husband converted to another
religion conversion. The wife can now file for divorce on the basis of any
of the conditions listed in the statute upon her conversion.
 There is a provision in the Hindu Marriage Act of 1955 which states
that conversion of religion is a ground for divorce under that Act. The
law provides that either party of the marriage may seek a divorce if the
husband renounces Hinduism, and the wife may seek a divorce if the
husband renounces the religion, as well as vice versa under sec. 13
clauses (1) sub-clause (1) sub-clause (ii).

5. 3. Conversion effect on Maintenance Right:
 Under Section 24 of the Hindu Adoptions and Maintenance Act, 1956, a
convert cannot claim maintenance unless he converts to another
religion. Conversely, Hindu wives who renounce Hinduism have the
right to separate living and maintenance if their husbands renounce
Hinduism under Section 18(2) (f) of the Hindu Adoption and
Maintenance Act, 1956.
 The conversion of a spouse to another religion is a violation of Muslim
law and results in the forfeiture of pre-existing maintenance rights.
During the period of iddat, the wife can claim maintenance from her
husband when her husband renounces Islam.

6. 4.Effects of conversion on the Guardianship rights
of the ward:
It is the responsibility of the guardianship court to look after the welfare of
the child in any guardianship case. According to Section 13 of the Hindu
Minority and Guardianship Act, 1956, the welfare of a child is of utmost
importance. Therefore, whenever a parent converts to another religion, it is
taken into consideration when appointing a guardian to them. As long as
her conversion does not interfere with the child’s welfare, a mother’s right
to guardianship does not suffer from her conversion.

7. Apostasy in Islam:
 Apostasy is called ridda in Islamic literature. An apostate is called murtad,
which means ‘one who turns back’ from Islam. A person born to a Muslim
parent who later rejects Islam is called a murtad fitri, and a person who
converted to Islam and later rejects the religion is called a murtad milli.
 When and how does one become apostate?
 An individual becomes apostate by conversion from Islam to another
religion. However, if any Islam believer was forced or in fear of war had to
denounce from Islam is not considered as an apostate.
 In many Muslim centres, countries have imposed a criminal offence for
apostasy from Islam. However, the concern for the topic is the effect of
apostasy on marriage as India has no criminal or civil offence for apostasy
in religion.
 Laws prohibiting religious conversion run contrary to Article 18 of the
United Nations’ Universal Declaration of Human Rights, which states the
following:
 Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Afghanistan, Egypt, Iran, Iraq, Pakistan and Syria have voted in favour of
the Declaration.

8. Effect of apostasy on marriage:
 Before the Dissolution of Muslim Marriage Act, 1939, apostasy from
Islam by one of the married pair would have been treated as dissolution
of marriage with effect immediately, without:
 the decree of a judge; or
 being a repudiation of marriage, whether the conversion was before or
after consummation.
 After passing the Act in 1939, it resulted in section 4 of the Act.

9. Apostasy by husband:
 Apostasy from Islam from Muslim husband will have immediate effects
of dissolution of marriage. Section 4 of the Dissolution of Marriage Act,
1939 does not apply to apostasy by the husband. The result is that
apostasy of the husband is still governed by old law under which the
renunciation from Islam by a husband will result in complete and
immediate dissolution of marriage.
 Where a Muslim husband converts to another religion (say
Christianity), his marriage is immediately dissolved and the wife ceases
to be a Muslim wife of that husband. As such, the wife is not governed
by Muslim law and is free to marry another person (immediately)
without waiting for the Iddat period.

10. Apostasy by wife:
 The conversion of a married Muslim woman to a faith other than Islam does not by
itself operate to dissolve her marriage. Moreover, even after renouncing Islam, if the
wife wants, she may obtain a decree for the dissolution of her marriage on any of the
grounds specified in Section 2 of the Act.
 Section 4 does not apply to a woman who converts to Islam from other faith and take
back her former faith. Thus, if a Hindu woman converts into Islam and marries under
Muslim law, the marriage would be ipso facto dissolved, on her renouncing Islam and
re-embracing Hinduism. However, if she does not re-embrace Hinduism, but becomes
Christianity, the marriage would not dissolve.
 In the case of Munavvar-ul-Islam v. Rishu Arora, (AIR 2014 Del 130) a Hindu wife
converted to Islam at the time of marriage. On her re-conversion back to her original
faith viz Hinduism, her marriage stood dissolved. Her case falls under the second
proviso to Sec 4 of the Act, and the pre-existing Muslim Personal Law under which
apostasy of either party to marriage ipso facto dissolves the marriage would apply.
 If a husband renounces Islam, the marriage stands automatically dissolved. Thus, if
his wife remarries even before the expiry of iddat, she will not be guilty of bigamy
under Sec 494 of the Indian Penal Code, 1860. In Abdul Ghani v/s Azizul Huq [(1912)
ILR 39 Cal 409], a Muslim man and woman got married. After some time, the
husband embraced Christianity but reverted to Islam during the wife’s iddat. Before
the expiry of the iddat period, however, the wife got married to another man. The first
husband thereupon filed a complaint against the wife, her father and her second
husband under Sec 494. It was held that no offence had been made.

11. The Court remarked:
 Whatever view be taken of the uncertain status of the parties during the
period of iddat and however illegal and void under Mohammedan law
the second marriage of the woman during the period of iddat may be,
there is no foundation for any charge under Sec 494 of IPC against her.
Her second marriage is not void because of it taking place during the
life of her prior husband but because of the special doctrine of the
Mohammedan law of iddat with which the Indian Penal Code has
nothing to do.

12. Conclusion:
 To conclude the topic, it can be said that the apostasy has a massive
impact on the personal law in Muslim law. In India, the apostasies from
Islam are protected under the constitution of India and the dissolution
of marriage act, 1939.
 It can be clearly said that, in modern times, the female married Muslim
are protected under Muslim law and the constitution of India. In
addition, many NGO and religious leaders are ensuring that no
individual can take undue advantage of Muslim law.