Introduction
Conversion — or the act of adopting a different religion — has deep legal, social, and personal consequences in all religious legal systems. In Muslim law, conversion, also referred to as irtidad (apostasy) when it involves renunciation of Islam, has historically been governed by both Quranic injunctions and classical juristic interpretations. Its effect is particularly significant in areas such as marriage, inheritance, guardianship, and other civil rights.
Indian courts have repeatedly dealt with disputes arising from conversion, often balancing personal law principles with constitutional rights under Article 25 of the Constitution of India. This makes conversion under Muslim law not only a matter of religious doctrine but also a subject of legal importance.
To fully understand its impact, we need to explore conversion in the contexts of marriage, inheritance, and other associated rights, while also referring to the principles laid down in landmark cases and Islamic jurisprudence.
Conversion in Islamic Jurisprudence
Under Islamic law, conversion can occur in two main forms:
- Conversion to Islam – where a non-Muslim accepts Islam.
- Conversion from Islam (Apostasy) – where a Muslim renounces Islam to adopt another faith.
The Quran states:
"There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong." (Surah Al-Baqarah, 2:256)
While this verse establishes freedom of belief, classical Muslim jurists also discussed the legal consequences when someone leaves Islam, especially regarding marital ties and inheritance.
Effect of Conversion on Marriage
Marriage (nikah) in Islam is a civil contract but deeply rooted in religious principles. Conversion affects its validity in different ways:
1. Conversion to Islam by a Non-Muslim Spouse
When a non-Muslim converts to Islam, the legal consequences depend on the religion of the other spouse.
- If both spouses convert together, the marriage can continue if it fulfills Islamic marital requirements (such as the prohibition of marrying within prohibited degrees).
If only one spouse converts, Islamic law differentiates between male and female converts:
- Male converts may remain married to their non-Muslim wives if they are from the Ahl al-Kitab (People of the Book – Christians and Jews), but not to idolaters.
- Female converts must ensure the husband accepts Islam for the marriage to remain valid.
2. Conversion from Islam (Apostasy) by Either Spouse
Historically, apostasy by either spouse automatically dissolved the marriage. Classical Hanafi law treated it as immediate dissolution (faskh) without the need for judicial intervention. However, in modern India, this strict rule has been modified by case law.
In Sarla Mudgal v. Union of India (1995), the Supreme Court held that conversion to Islam by a Hindu husband to contract a second marriage without dissolving the first under Hindu law would be invalid, and the first marriage would subsist. Although this was not purely a Muslim law issue, it highlighted how conversion is often used to escape marital obligations.
Similarly, in Lily Thomas v. Union of India (2000), the Court reiterated that mere conversion to Islam does not automatically dissolve a prior marriage solemnized under other personal laws.
📖 Also Read: Nikah under Muslim Law: Meaning, Essentials, and Legal Validity
Effect of Conversion on Inheritance
Inheritance under Muslim law is strictly governed by SharÄ«‘ah principles, with shares fixed for legal heirs. Conversion directly impacts these rights.
1. Conversion to Islam
A convert to Islam becomes subject to Muslim personal law for matters of inheritance. However, the rules differ:
- A Muslim cannot inherit from a non-Muslim relative, and vice versa, based on the principle that difference of religion is a bar to succession.
- This is derived from the Hadith: "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim" (Sahih al-Bukhari, Sahih Muslim).
2. Apostasy from Islam
Under classical Hanafi law, an apostate loses the right to inherit from Muslim relatives, and their property passes to Muslim heirs. In Indian law, however, the Caste Disabilities Removal Act, 1850 abolished forfeiture of property for change of religion, but Muslim personal law principles still limit inheritance between Muslims and non-Muslims.
📖 Also Read: General Principles of Inheritance under Muslim Law and Difference Between Sunni and Shia Law of Inheritance
Effect of Conversion on Other Civil Rights
Conversion also influences other rights such as guardianship, maintenance, and custody.
1. Guardianship
Under Muslim law, only a Muslim can act as a natural guardian for a Muslim minor. If a guardian converts to another religion, they may lose the right of guardianship as per hizanat principles.
📖 Also Read: Custody of Children (Hizanat) under Muslim Law
2. Maintenance
Apostasy by a wife traditionally terminated her right to maintenance from her Muslim husband. However, statutory reforms and judicial interpretations in India have softened this rule, particularly where children are involved.
📖 Also Read: Right of Children to Maintenance under Muslim Law
Statutory and Judicial Modifications in India
Indian courts have moved towards ensuring that conversion is not misused to circumvent legal obligations or gain unfair advantages.
In Kailash Sonkar v. Maya Devi (1984), the Supreme Court examined whether a reconvert to Hinduism could reclaim Scheduled Caste status, indicating how conversion issues intersect with constitutional rights.
In Shamim Ara v. State of UP (2002), although primarily on talaq, the Court emphasized the need for fairness in marital disputes, indirectly influencing how conversion-related marital issues are resolved.
Constitutional Perspective
Under Article 25 of the Constitution of India, every individual has the right to freely profess, practice, and propagate religion. However, this freedom is subject to public order, morality, health, and other provisions. The courts have balanced this freedom with the personal law rights of communities.
Conclusion
Conversion under Muslim law remains a sensitive and complex subject. While Islamic jurisprudence historically prescribed specific consequences for conversion, modern Indian law, influenced by constitutional guarantees and judicial decisions, has adapted these rules to ensure fairness and prevent misuse.
Its impact on marriage, inheritance, and other civil rights requires careful application of both religious principles and statutory provisions. For students and legal practitioners, understanding this intersection is essential for resolving disputes where personal law meets constitutional rights.
📖 Also Read Next: Wills (Wasiyat) under Muslim Law: Essentials and Limitations
