WHO IS A

MUSLIM?
 Muslim by
Muslim by
Conversio
Birth
n
 ∙A person born to muslim parents is regarded to be a
Muslim.
∙ According to Shariat, if one of the parent is a Muslim the
child shall be treated as Muslim . In India, the child take to
the religion of his father, however, the contention later has
been changed by the Indian courts.
∙ Case – Bhaiya Sher Bahadur vs. Bhaiya Ganga Baksh
Singh (1914)
Muslim by ∙ Where only one of the parents of a child is a Muslim the
Birth child is to be regarded as a Muslim only when it is proved
that he has been brought up as a Muslim. In this case, the
mother was a Muslim and father was a Hindu, and child
was brought up as a Hindu, the court held that such a child
is a Hindu although his mother was a Muslim.
∙ According to Hedaya, if either of the parents who were
non-muslims became a bonafide convert to Islam, the
presumption was made that the child will be a muslim
provided he is educated in Islamic faith.
∙ If a person is a Muslim by birth and has not abjured Islam, Muslim law
will be applicable to him.
∙ The burden of proof that he does not follow Islam, lies on the person
who alleges it.
∙ Renunciation of Islam requires no other proof than a person’s
declaration, the only condition being that it should not be casual, and
declarer must adhere.
∙ Case – Resham Bibi vs. Khuda Baksh (1938)
 ∙ It involves a new religious identity, or a change from
one religious identity to another.
∙ A newly-convert Muslim is called Muallaf.
∙ Any person of any religion who is of sound mind
and has attained the age of majority, can become the
follower of Islam after renouncing his original
religion.
Muslim by ∙ There are ceremonies of conversion prescribed by
Islam –
conversion i) Has to go to the Mosque
ii) Declaration of conversation to be given to Imam
iii)The person is given the Kalma of Tawhid to recite
iv)On completion of recitation the ceremony of
conversion is complete.
v) Imam confers a Muslim name on the convert.
∙ If such a conversion is bonafide and not made with any ulterior motive or
intention it amounts to his having accepted the Muslim approach of God
becomes the one "Who is Muslim".
∙ Case - Sarla Mudgal vs. Union of India (1995)
The Husband was already married as per The Hindu Law , without dissolving
his first marriage , he embraced Islam and solemnized his second marriage.
The court held that since the first marriage of the husband was as per Hindu
law and was not dissolved before converting to Islam and remarrying , So,
even if the person who is Muslim now has remarried as per Islamic law or
Muslim Law but he didn't dissolved his first marriage which was as per Hindu
law , So , this marriage would be invalid as per law.
∙ Effect of Conversion To Islam : The rights and the status of
the convert becomes subject to the Mohammedan Law . In the
absence of the custom to the contrary, in the case of a Hindu
converts to Islam succession and inheritance are governed by
Mohammedan Law and not by The Hindu Law. So, the person
who is Muslim after the conversion will be governed by the
Muslim Law.
∙ Effect of apostasy from Islam:
i. Effect on Succession – As per Freedom of Religion Act,
1850, a convert from Islam does not lose his right of
inheritance. The Act does away with the provisions of
Muslim law by which apostates were excluded from
inheritance.
ii. Effect on Marriage – If a muslim husband renounces Islam,
his marriage with his muslim wife is dissolved ipso facto.
On the other hand, when a muslim wife renounces Islam it
does not ipso facto dissolve the marriage.