Muslim law Introduction
Who is Muslim?
Muslim Law
Muslim Law - It may be described as a branch of civil law which regulates the family matters of Muslims .
Who is Muslim?
1- A Muslim is a person whose religion is Islam
2- The Arabic word 'Islam' means submission to the will of God.
3- Legally Islam is a religion which believes that God (Allah) is one and only one and Mohammad is his messenger (Rasool)
4 -The word Muslim is derived from Islam and signifies a person who adopts the faith of Islam.
Muslims By Birth
1-A person whose both the parents were Muslims at the time of his birth is regarded as Muslim by birth.
2-Where only one parent is Muslim and the child is brought up as Muslim is regarded as Muslim
3-Person who is Muslim by birth continues to be a Muslim unless on attaining majority, he renounces Islam.
Muslim by Conversion
*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.
*A non Muslim who adopts Islam after giving up his original religion is generally known as 'Converted Muslims'
*A conversion to Islam may take place in two ways-
(1)A person may publicly declare that he has renounced his original Religion and now professing Islam and believes that there is one Gou (Allah) and that Muhammad is his messenger.
(2)the second method of conversion is through ceremonies prescribed in the religion of Islam itself.
* Sarla Mudgal v/s Union of India
A Hindu husband converted to Islam and thereafter, contracted marriage with a Muslim girl, without divorcing his first Hindu wife. The SC held that the conversion was malafide and declared that the second marriage is void the SC further held that the marriage amounts to bigamy punishable under Sec. 494 of IPC
* Lily Thomas /s Union of India
The SC conferming it's earlier view held that the conversion to Islam only for the purpose of second marriage is malafide conversion and is illegal.
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