Apostasy from Islam

Apostasy from Islam:

Prior to the passing of the Dissolution of Muslim Marriage Act, 1939 DMM Act, apostasy from Islam of either party to marriage operated as a complete and immediate dissolution of marriage ipso facto. Section 4 of the DMM Act provides:

“The renunciation of Islam by a married Muslim woman or her conversion to faith other than Islam shall not by itself operate to dissolve her marriage.”

After coming into operation of this provision the Law may be described thus –

1) Apostasy from Islam of husband operates as complete and immediate dissolution of marriage.

2) Apostasy from Islam of a married woman cannot by itself operate to dissolve the marriage, but she may file a suit for dissolution of her marriage on any of the grounds mentioned in Section 2 of the Act.

But where the woman was originally converted to Islam from some other faith, and now she re-embraces her former faith, the conversion will operate as dissolution of the marriage.

e.g. C, a Christian female becomes Muslim and marries a Muslim male in Nikah form. Later she converts to Christianity. The marriage is ipso facto dissolved because she has reverted back to her former faith. Had she, instead of reverting back to Christianity, converted to Hinduism, the marriage would not be ipso facto dissolved.

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Rights of inheritance not affected by apostasy:

According to the provisions of pure Muslim law, a non-Muslim cannot succeed to the estate of Muslim. But this provision of law has been altered by the provisions contained in the Caste Disabilities Removal Act, 1850. The Act has now superseded the provisions of Muslim law to the effect that now non-Muslim relations are not debarred from inheriting to the property of Muslims. In other words, the result of the said Act is that the apostasy does not deprive a person who was once a Muslim of his right of inheritance or other rights.

Illustration – M a Muslim has two sons X and Y. X becomes Christian. Without making a will M dies surviving him Christian son X and Muslim son Y. Both will inherit half and half. But before the operation of the Caste Disabilities Removal Act, 1850; X could get nothing and Y would have taken the whole property.

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