Apostasy is called ridda in Islamic literature.

An apostate is called murtad, which means ‘one who

turns back’ from Islam. A person born to a Muslim parent who later rejects Islam is called a murtad
fitri, and a person who converted to Islam and later rejects the religion is called a murtad milli

Under the pure Muslim Law Mohammedan after renouncing Islam loses all rights to succeed as
Muslim. But now under the provisions of the Caste Disabilities Removal Act XXI of 1850, the
apostate will not lose such rights. The question here arises as to what amounts to apostasy, i.e.,
abandonment of one's religion. The answer is that mere deviation from non-fundamental provisions of
Mohammedan religion does not amount to apostasy. So long as a person is prepared to accept the
fundamental tenets of Islam, he is not an apostate.

Apostasy of the guardian. According to Mohammedan Law an apostate has no right to contract a
minor in marriage Hedaya, 392. It is enacted however, by Act XXI of 1850, that no law or usage shall
inflict on any person who renounces his religion any "forfeiture of rights of property", and it was
accordingly held in Muchoo v. Arzoon that a Hindu father is not deprived of his right to the custody of
his children and to direct their education by reason of his conversion to Christianity. It is submitted
that the decision in Muchoo's case is correct. But the Court may in its discretion deal with each case
on its own merits.

Effect of renunciation of Islam on Marriage. Marriage of a Muslim husband with a Muslim wife is
dissolved ipso facto on the renunciation of the husband of the Islamic religion. But when a Muslim
married couple renounce Islam and embrace another religion, their marriage remains intact and is not
dissolved.

The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam
does not by itself dissolve her marriage. But when a woman converted to Islam from some other faith
re-embraces her former faith, her marriage with the Muslim husband stands dissolved.

In the case of Munavvar-ul-Islam v. Rishu Arora, (AIR 2014 Del 130 ) a Hindu wife converted to
Islam at the time of marriage. On her re-conversion back to her original faith viz Hinduism, her
marriage stood dissolved. Her case falls under the second proviso to Sec 4 of the Act, and the
pre-existing Muslim Personal Law under which apostasy of either party to a marriage ipso facto
dissolves the marriage would apply.

section 4 that states "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".

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 Sec 494 of the Indian Penal
Code, 1860. In Abdul Ghani v/s Azizul Huq [(1912) ILR 39 Cal 409], a Muslim man and woman got
married. After some time, 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 Sec
494. It was held that no offence had been made.