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           CA-2(CASE ANALYSIS)
 

QUESTION:-ANIL IS A HINDU LIVES IN LUDHIANA HE CONVERTS TO

ISLAM SINCE HE WANTS TO MARRY FATIMA.HE MARRIES FATIMA AS
PER ISLAMIC LAW AND THEN AGAIN HE CONVERTS BACK TO
HINDUISM.BEFORE CONVERTING BACK TO HINDUISM HE ALSO ENTERS
INTO A MUTA RELATIONSHIP WITH A GYPSY GIRL ANALYSE THE LEGAL
FALLOUT OF THIS CASE SCENARIO AND ALSO EXPLAIN THE STATUS OF
ANIL’S MARRIAGE.

                                 ANALYSIS OF THE GIVEN SCENARIO

The first thing we should see in the above case is whether the conversion of
Anil from hindu religion to Islam makes him recognized as a muslim or
not?.According to Islamic law the person who follow or practice islam and the
person who is born as a muslim and a person who converts into islam is
recognised as a muslim according to islamic law so a per this Anil is also
recognised as a muslim after conversion into Islam.
       RECONVERSION TO HINDUISM AND ITS AFFECT ON THE MARRIAGE.

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 s.494 of the Indian Penal Code, 1860. in Abdul Ghani v/s Azizul
Huq. a Muslim man and woman got married. After sometime, 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 s.494. It was held that no offence had been made.

WHAT IS MUTA MARRIAGE?

Muta which refers to as pleasure ,is a temporary marriage which happens for a
fixed period of time ,this kind of marriage was prevalent in Arabia and such a
marriage is not recognized by any school of Muslim law in India ,it is only
recognized by the Itha Asar Shia School ,however the practice and institution of
Muta marriage is completely obsolete in India . In the earlier days when the
Arabs had to live away from their homes for a considerably long period of time
on account of wars, pilgrimage or trade journey the concept of Muta marriage
came into existence for the purpose avoiding prostitution and at the same time
to satisfy their sexual desires. Moreover, it conferred legitimacy upon the
children born out of such union .This kind of marriage is void in sunni law
because sunni law declares marriage for a fied period of time as void .
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LEGAL ASPECTS OF MUTA MARRIAGE

1.The cohabitation between the spouses is lawful

2.Children born out of such marriage are legitimate
3.Children have mutual right of inheritance from both the parents
4.The spouses have no mutual right of inheritance
5.Divorce is not recognized in Muta Marriage
 The wife is not entitled to maintenance , for she is not regarded as
depended
6.In case the marriage gets dissolved before the stipulated time period by the
wife walking out of the marriage then the wife will be only entitled to the dower
amount for the period which she has stayed.
7.In case the husband dissolves the marriage before the stipulated period then
the husband would make the gift of the unexpired period to the wife known as
Hiba-I -Muddat .
8.Where consummation has not taken place, the wife need not observe any
Iddat. If the Мutа-marriage terminates after consummation, the wife is required
to undergo an Iddat of two monthly courses. But, where the marriage dissolves
due to death of the husband, the Muta-wife is required to observe an Iddat of
four months ten days. Where the Мutа-wife is pregnant, the period of Iddat
extends till delivery of the child.

MUTA MARRIAGE WITH GYPSY GIRL IN THE ABOVE

SCENARIO

Shia School of Muslim Law recognise two kinds of marriages (1) Permanent
marriage or Nikah, or (2) Temporary marriage or Muta.So In the above
scenario if the man belongs to shia sect then he can enter into muta relationship
as shia law recognizes muta marriage whereas sunni law is silent on muta
marriage.So this concept is applicable to shia’s but not to Sunni’s.

EFFECT ON MUTA MARRIAGE AFTER CONVERSION

There is no special provision mentioning the effect of conversion on muta

marriage.As muta marriage does not require divorce but it can be dissolved on
several grounds such as:-
1. By death of either party, or
2. On the expiry of the specified period, or
3. The husband leaves the wife before expiry of the term.

These are the three grounds specified on which the muta marriage is dissolved
there is no proper provision on Islamic law which provides the effect on
conversion on muta marriage such as in contrast the conversion leads to
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dissolution of normal marriage but whereas on muta marriage no specific

provision has been laid by Islamic law.

SUMMARY

If we summarize the above scenario we clearly can establish that the conversion
of anil to islam is valid and due to his reconversion to Hinduism makes his
marriage dissolved automatically and the wife is free to marry anyone of her
choice and she wont be punished for bigamy and the muta relation that anil
entered is valid in shia sect of islam but not in sunni’s,There is no specific
provision in islam which talks about the effect of conversion on muta marriage.