Apostasy under Muslim Law by Samidha Hegde@Lexcliq

Introduction-

Faith in God:

a Natural Instinct According to Islam, every child is born with the innate ability to know and believe in his Creator; this cognition has been placed by God into his nature (fitra). The Quran describes the human soul in a very beautiful way. Almighty Allah has made our souls such that we are able to distinguish between what is good and what is evil. But for human soul to function on its fitra, there is a condition–it must be kept pure, it must be immunized against spiritual corruption.

The soul is like a bulb which can give light provided, it itself is not surrounded with a thick cover or dust; every human being has that light in his soul; however, those who keep it pure can enlighten their path with it while those who allow the `spiritual dirt’ to gather upon it cannot see the path towards Allah. (Incidentally, kufr (infidelity) literally means a cover, and so it implies that kufr prevents the inner light from showing the right path.)

The Prophet of Islam emphasized the same point when he said, “Every child is born with the believing nature (al-fitra), it is his parents who make him into a Jew or a Christian.” Besides this fitra, Allah has also provided muslims with various means to know Him and believe in Him; He sent prophets and messengers, He revealed the scriptures.

  1. Apostasy by husband

Apostasy from Islam by a Muslim husband will have immediate effects on the dissolution of marriage. Section 4 of the Dissolution of Marriage Act, 1939 does not apply to apostasy by the husband. Apostasy of the husband is still decide by the previous law under which the renunciation from Islam by a husband will result in complete and immediate dissolution of marriage. When a husband converts his religion, the wife is not govern by Muslim law. She is free to marry without waiting for the Iddat period.

  1. Apostasy by wife

The conversion of a married Muslim woman to another religion does not dissolve her marriage. Also, even after renouncing Islam, the wife 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.

In the case of Munavvar-ul-Islam v. Rishu Arora, (AIR 2014 Del 130 ) it was held that whatever view be take of the uncertain status of the parties during the period of iddatHowever 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 its 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.

Conclusion-

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.

References-

blog.ipleaders.in

bnwjournal.com

 

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