What is the effect of conversion under Muslim Law?

Introduction 

Religious conversion in India impacts personal identity, family dynamics, inheritance, marriage, maintenance, and guardianship rights, reflecting the complex interplay between religious freedom and legal frameworks. India's Constitution, ensuring religious freedom as a secular state, affirms each individual's right to convert. However, the legal consequences of conversion extend beyond individual choice, shaping social and familial structures. For instance, under Hindu law, inheritance rights are traditionally lost upon conversion, although this was mitigated by the Caste Disabilities Removal Act, 1850. Additionally, the Hindu Marriage Act, 1955, and the Dissolution of Muslim Marriage Act, 1939, stipulate grounds for divorce upon religious conversion, as seen in Vilayat Raj Alias Vilayat Khan v. Smt. Sunila[1], where courts examined the effects of a spouse’s conversion on marital rights.

Maintenance rights are similarly influenced. Section 24[2] of the Hindu Adoptions and Maintenance Act, 1956, limits maintenance for converted spouses, with similar restrictions under Muslim law. In guardianship, the Hindu Minority and Guardianship Act, 1956, prioritizes child welfare, allowing a converted parent to retain custody if it serves the child's best interests. Thus, religious conversion in India embodies a multi-faceted transformation with deep legal ramifications across personal and social domains, balancing religious freedoms with obligations to familial and societal structures.

Effects of Religious Conversion in India 

Legal repercussions of conversion across Hindu and Muslim personal laws that impact familial and societal structures.

1. Effect on Inheritance Rights

In Hindu law, conversion historically led to the loss of inheritance rights, preventing a convert from inheriting property from Hindu relatives. Similarly, in Muslim law, a convert from Islam traditionally faced inheritance restrictions. The Caste Disabilities Removal Act, 1850, often termed the Freedom of Religion Act, abolished these barriers, permitting converts to inherit despite changing religious affiliations. This shift underscores the importance of religious autonomy, though the provision is subject to other relevant laws.

2. Effect on Marital Rights

Conversion impacts marital rights and serves as a ground for divorce under both Hindu and Muslim personal laws. For example, if a Muslim husband converts, the marriage is automatically dissolved. The Dissolution of Muslim Marriage Act, 1939, allows a Muslim wife to seek divorce on grounds of her conversion. Under the Hindu Marriage Act, 1955, either spouse can seek divorce if the other renounces Hinduism, per Section 13(1)(ii)[3]. In Vilayat v. Sunila[4], the court ruled that a Hindu spouse who converts can seek divorce provided one party remains non-Hindu at the time of filing. When both parties convert to Islam, Jessie Grant Khambatta v. Mancherji Cursetji Khambatta[5] held that a divorce by talak under Muslim law is more appropriate.

3. Effect on Maintenance Rights

Conversion affects a convert’s right to claim maintenance. Under Section 24[6] of the Hindu Adoptions and Maintenance Act, 1956, a converted spouse loses the right to claim maintenance. However, if a Hindu husband converts, his wife is entitled to separate residence and maintenance under Section 18(2)(f)[7] of the same Act. In Muslim law, conversion results in forfeiting pre-existing maintenance rights; for instance, if a husband renounces Islam, the marriage is dissolved, and the wife can claim maintenance during the iddat period.

4. Effect on Guardianship Rights

In matters of guardianship, the welfare of the child remains the primary focus. Under Section 13[8] of the Hindu Minority and Guardianship Act, 1956, conversion of a parent is considered in guardianship decisions. A mother’s right to guardianship remains unaffected by her conversion unless it compromises the child’s welfare.

Meaning of Apostasy in Islam

• Apostasy, derived from the Greek term apostasies meaning "defection," is the act of abandoning or renouncing one’s faith.
• In Islam, apostasy, or ridda, refers to a Muslim choosing to reject Islam after previously identifying with the faith.
• This act is regarded as a profound break from religious commitment and is often perceived as a rebellion against God and Islam. From a sociological standpoint, apostasy can be viewed as a personal struggle against prior beliefs, symbolizing an effort to seek freedom from religious norms or practices once embraced.
• Islamic law traditionally treats apostasy as a serious offense, with legal consequences in some Islamic jurisdictions. The extent of these consequences varies, with some interpretations of Sharia law prescribing severe penalties.
• Apostasy is thus not only a theological matter but also intersects with legal and social dimensions in Islamic communities, illustrating the broader tensions between personal belief and collective religious adherence.

What Constitutes Apostasy? 

• An individual becomes an apostate, or murtad, in Islam primarily through conversion from Islam to another religion or by publicly renouncing Islamic beliefs.
• Apostasy does not always require a formal declaration; any intentional action or expression indicating rejection of fundamental Islamic principles can signify apostasy.
• However, if an individual renounces Islam under duress, such as in situations of threat or war, this is not considered apostasy, as intent plays a key role in determining genuine disaffiliation.
• Apostasy is treated as a serious offense in several Islamic-majority countries, where it is sometimes criminalized and met with legal consequences. Such measures contrast with global human rights standards, specifically Article 18[9] of the United Nations Universal Declaration of Human Rights (UDHR), which upholds the right to freedom of thought, conscience, and religion, including the right to change one’s religion.
• Although several Muslim-majority nations, such as Afghanistan, Egypt, Iran, Iraq, Pakistan, and Syria, have expressed support for the UDHR, the topic remains complex and sensitive due to its religious, legal, and social implications.
• In contrast, countries like India, which is religiously pluralistic, impose no criminal or civil penalties for apostasy. This distinction highlights the varied approaches to religious freedom globally and the impact of apostasy on personal rights, such as marriage, which is not affected in legal terms in India.

Effect of Conversion on Marriage in Muslim Law 

• In Muslim law, apostasy or conversion from Islam has historically had profound effects on marriage, leading to immediate dissolution under specific conditions.
• Before the enactment of the Dissolution of Muslim Marriage Act, 1939, a marriage could be dissolved automatically if either spouse converted away from Islam, without requiring a judicial decree or formal repudiation, regardless of whether the conversion took place before or after the marriage was consummated.
• With the introduction of Section 4[10] of the Dissolution of Muslim Marriage Act, 1939, there was a distinction made between the effect of apostasy by the husband and the wife.
• If a Muslim husband converts to another religion, such as Christianity, the marriage is considered dissolved immediately under the pre-1939 law. This means that the wife is no longer bound by Muslim law and may remarry immediately without observing the iddat (waiting) period. However, Section 4[11] does not apply to the husband’s conversion, so the original rule of automatic dissolution still governs cases where the husband renounces Islam.
• Conversely, if the wife renounces Islam, this alone does not automatically dissolve the marriage. Instead, the wife can seek a divorce through the court on any grounds specified in Section 2[12] of the Dissolution of Muslim Marriage Act, 1939.
• Notably, Section 4[13] also does not apply if a woman converts to Islam from another faith and subsequently returns to her former religion.
• For example, if a Hindu woman converts to Islam, marries under Muslim law, and then reverts to Hinduism, her marriage will be considered dissolved upon her re-conversion. However, if she converts to another religion that is not her original faith, such as Christianity, the marriage does not dissolve automatically.
• In Munavvar-ul-Islam v. Rishu Arora[14], the court ruled that when a Hindu wife converted to Islam at the time of marriage and later re-converted to Hinduism, the marriage stood dissolved.
• Similarly, in Abdul Ghani v. Azizul Huq[15], a Muslim man who converted to Christianity and then reverted to Islam within his wife’s iddat period faced no legal grounds for a charge of bigamy under Section 494[16] of the Indian Penal Code (Now under Section 82[17] of the Bharatiya Nyaya Sanhita), even though his wife had remarried during that period. The court held that while the second marriage might conflict with the iddat doctrine under Islamic law, this was not a basis for a bigamy charge under Indian law.
• In sum, apostasy has a significant impact on marital status under Muslim law, particularly for the husband, where conversion leads to immediate dissolution. For the wife, conversion provides a pathway to seek judicial divorce without automatic dissolution, except under specific conditions related to her original faith.

Effect of Apostasy on Inheritance in Muslim Law 

• Under Muslim Personal Law, apostasy does not automatically strip an individual of their inheritance rights, especially in the case of a biological son.
• For example, where a person converts from one religion to another, such as a biological son who converts to a different faith, the individual still retains the right to inherit his biological father’s property. This right remains intact despite the change in religion, as inheritance is based on the individual's biological relationship, not religious affiliation.
• According to the Caste Disabilities Removal Act, a child's religious conversion does not affect their inheritance rights. Therefore, even if a child converts to a different religion, they remain entitled to inherit property from their biological parents.
• Moreover, Muslim Personal Law (Shariat) Application Act, 1937 applies to families where both partners are Muslim. However, if the marriage occurred under the Special Marriages Act, inheritance is governed by the Indian Succession Act, which does not consider the religion of the deceased or their heirs for succession purposes.
• If an individual converts from any other religion to Islam, their inheritance rights are governed by Muslim law rather than their previous personal law. Upon converting to Islam, an individual loses their rights under their previous religious personal law and gains rights under Muslim inheritance law. They are entitled to inherit from their Muslim relatives but may be excluded from inheriting from non-Muslim relatives, as their status as a Muslim supersedes their previous religious identity in the eyes of Muslim law.
• In conclusion, conversion to Islam or from Islam affects inheritance rights according to Muslim Personal Law. A convert to Islam gains inheritance rights from Muslim family members but loses rights from their non-Muslim relatives. Conversely, a Muslim apostate retains their inheritance rights from biological parents even after conversion to another religion.

[1] AIR 1983 DELHI 351.

[2] The Hindu Adoptions and Maintenance Act, 1956, s. 24.

[3] Section 13(1)(ii) the Hindu Marriage Act, 1955, s. 13(1)(ii).

[4] Supra at 1.

[5] AIR 1934 BOMBAY 93.

[6] Supra at 2.

[7] The Hindu Adoptions and Maintenance Act, 1956, s. 18(2)(f).

[8] The Hindu Minority and Guardianship Act, 1956, s. 13.

[9] The United Nations Universal Declaration of Human Rights (UDHR), art 18.

[10] The Dissolution of Muslim Marriage Act, 1939, s. 4.

[11] Ibid.

[12] The Dissolution of Muslim Marriage Act, 1939, s. 2.

[13] Supra at 10.

[14]  AIR 2014 DELHI 130.

[15] (1912) ILR 39 CAL 409.

[16] The Indian Penal Code, 1860, s. 494.

[17] The Bharatiya Nyaya Sanhita (BNS), 2023, s. 82.