• Section 4 of the Muslim Dissolution of Marriage Act,
• Under section 4 of this act, if both husband and wife renounce Islam, their marriage is not dissolved but remains intact.
- In the case of a Muslim Husband
If a Muslim husband renounces Islam, his marriage with his Muslim wife stands dissolved ipso facto.
- In the case of a Muslim Woman
If a married Muslim woman renounces Islam, her conversion to another faith shall not by itself operate to dissolve her marriage.
- Provided that after her conversion to another religion the woman shall be entitled to get a divorce on the grounds mentioned under section 2 of this act.
- Provided that this section will not apply to such a woman who converted to Islam from some other religion but re-embraces her former faith.
II. Effects of Apostasy/ Faith Conversion
- If a Muslim woman who converts to another faith remarries without dissolution of marriage she can be prosecuted for bigamy.
- It is to be noted that a husband's conversion to another religion is not a ground for a Muslim woman to seek divorce.
- Before the enactment of this act, conversion by any of the one spouse resulted in the automatic dissolution of marriage.
- Conversions by Muslims is forbidden as per many Sharia law interpretations and such converts are called apostates.
- In some nations, conversion to another faith is considered a sin and can be punishable with death. For example, countries like Iran & Saudi Arabia.
III. CASE REFERENCE
A) MUNNAVAR-UL-ISLAM v. RISHU ARORA: In this case, the wife at the time of marriage converted to Islam but re-embraced her original faith I.e. Hinduism. Hence, her marriage stood dissolved. Hence her case attracted the provisions of section 4 of this act.
B) ABDUL GHANNI v. AZIZUL HAQ: In this case, both the husband and wife were Muslims but the husband converted to Christianity. However, he again re-embraced Islam but the wife before the expiry of Iddat remarried another man. The husband filed a case against his ex-wife, her father & her new husband for bigamy u/s. 494. It was held that no offence has been made.