The conversion into Islam.

Introduction :

Conversion to Islam can be done by non-muslin who attained majority and is of sound mind.
This is called apostacy which means abandoning one’s religion.

Methods of conversion: There are 2 methods of conversion :

a) The person may declare that he believes in God, prophetic character of muslim or

b) He goes to mosque and utter kalma(lailaha-ill-allah-muhammad-ur-rasoolullah) before the

person who is the head of islam in the mosque. He is given a muslim name and he may profess
to be a muslim.

General provision relating to conversion to Muslim law : 1) Conversion must be bonafide

and the court will not permit any fraud upon the law by pretending to be a convert to islam in
order to escape from personal law.

SKINNER VS ORDER.

In this case Helen Skinner was married to George Skinner and later George Skinner died. Helen
lived with one Thomas, who already married a christian girl. To legalise their relations both
Thomas and Helen converted to Islam. The Court did not accept their conversion.

2) The conversion by wife in order to separate from her husband who is a hindu, can be invalid.

3) After conversion, the Mohammedan law substitutes original religion of the convert.

4) Apostacy is immediate and prospective effect.

5) Succession to property of a convert is governed by Muslim law.

Effect of conversion to Islam on marital rights:

1) Conversion from Hinduism to Islam :

If a hindu married woman converts to islam, the previous marriage does not come to an end.
This is because the Hindu law and Mohammedan law, a woman can not marry again while her
husband is alive. If she does so, it amounts to bigamy punishable under sec 494 of IPC

Conversion from Christianity to Islam :

Conversion in the case of a marriage of a Christian male with a Christian female does not
dissolve the marriage, because Marriage by a muslim male with a Christian female is permitted.
On the other hand, if a hindu married male converts to islam, it is doubtful whether he can marry
again though under Hindu

Marriage Act, monogamy is introduced and under mohammedan law polygamy is permitted.
KHAMBATTA VS KHAMBATTA

A muslim male married a Christian lady who got converted to islam. The husband divorced her
by talaq. The court held that conversion to islam by the wife submitted her to Mohammedan law
and hence divorce by talaq was valid.

Effect of conversion to islam on rights of inheritance

When a Hindu gets converted to islam succession and inheritance are governed by
mohammedan law except when there is a custom to the contrary.

CHANDRA SEKARAPPA VS GOVT. OF MYSORE

A Hindu who had a wife and children converted himself to Islam and married a Muslim lady and
got children.. As per Muslim law on the death of her husband, the property would go to his
Muslim wife and children and not to hindu wife or children.

Conversion from Islam (Apostacy)

If a muslim married male converts himself to another religion the marriage automatically comes
to an end and the wife can marry again without applying to the court for dissolution of marriage.

But a muslim wife converts herself to another religion the marriage does not come to an end she
can marry only after obtaining dissolution of previous marriage under se 4 of Dissolution of
Muslim Marriage Act, on some grounds like cruelty, failure to maintain. etc.