Position of a Muslim wife reverting back to her original religion of Christanity
Mohammed Khaleelullah
(Querist) 25 December 2010
This query is : Resolved
Dear experts,
A Christian woman marries a Muslim man by converting herself to Islam at the time of marriage.She begets two children.After some time she reverts back to her original religion i.e. Christianity.Her husband continues to be a Muslim. She names her children with Christian names.My query is:-
(1) What is the legal status of the woman?
(2) Under what Law i.e.Muslim Law or Christian Law she will get her share in the property of her husband?
(3)What is the legal status of her children?
(4)After re-conversion whether she continues to be his wife?
Kindly legally answer the above queries in detail item wise for a clear standing of the law.Thanks in advance for taking pains for answering the same.
A V Vishal
(Expert) 26 December 2010
Before dwelling on the query you need to have right prespective of marriages under muslim laws, basically the Aspects of Marriage are:
(i) Valid or Sahih
(ii) Irregular or Fasid
(iii) Void or Batil
(i) Valid or Sahih Marriage: - Under the Muslim law, a valid marriage is that which has been constituted in accordance with the essential conditioned prescribed earlier. It confers upon the wife; the right of dower, maintenance and residence, imposes on her obligation to be faithful and obedient to her husband, admit sexual intercourse with him & observe Iddat.
(ii) Irregular or Fasid Marriage: - Those marriages which are outcome of failures on part of parties in non fulfillment of prerequisites but then also are marriages; to be terminated by one of the party is termed to be Irregular marriages. They are outcome of-
(a) A marriage without witness (Not under Shia Law)
(b) Marriage with fifth wife.
(c) Marriage with a women undergoing Iddat.
(d) Marriage with a fire-worshipper.
(e) Marriage outcome of bar of unlawful conjunction.
An irregular marriage has no legal effect before consummation but when consummated give rise to several rights & obligations.
(iii) Void or Batil Marriage:- A marriage which is unlawful from it’s beginning. It does not create any civil rights or obligations between the parties. The offspring of a void marriage is illegitimate. They are outcome of-
(a) Marriage through forced consent.
(b) Plurality of husband.
(c) Marriage prohibited on the ground of consanguinity.
(d) Marriage prohibited on the ground of affinity.
(e) Marriage prohibited on the ground of fosterage.
Effect of Marriage (Sahih)
The lawful obligations which arise after marriage are as follows-
(i) Mutual intercourse legalized and the children so born are legitimate.
(ii) The wife gets power to get ‘Mahr’
(iii) The wife entitles to get maintenance.
(iv) The husband gets right to guide and prohibit the wife’s movement(for valid reasons only)
(v) Right of succession develops.
(vi) Prohibition of marriage due to affinity.
(vii) Women bound to complete Iddat period & not to marry during Iddat period; after divorce or death of husband.
The obligations and rights set between the two parties during and after the marriage are to be enforced till legality. On the basis of a marriage husband and wife do not get the right on one another’s property.
(1) What is the legal status of the woman?
Ans. She is still your wife, there is a bar to marry a fire worshipper but not a christian or jew.
(2) Under what Law i.e.Muslim Law or Christian Law she will get her share in the property of her husband?
Ans. Under Muslim law
(3)What is the legal status of her children?
Ans. They are legitimate
(4)After re-conversion whether she continues to be his wife?
Ans. Yes.
SANJAY GUPTA
(Expert) 26 December 2010
beutifully advise by Mr Vishal.
N.K.Assumi
(Expert) 26 December 2010
I am of the view that according to the classical Jurist of islam, apostacy on the part of the wife operated as an immediate and absolute dissolution of marriage. But in India this rule was used as a purpose of dissolving a marriage which became irksome to the wife as there was no other way open to her to get rid of her husband. Now that the Dissolution of Muslim Marriages Act, 1939, gives a remedy, tha statue provides that apostacy by itself does not dissolve the marriage, unless it be that of a women re-embraces her former faith.I am of the view that on her embracing her former faith "Christian" the marriage should stand dissolved.
Khaleel Ahmed
(Expert) 26 December 2010
In reply to the query.
1) What is the legal status of the woman?
Ans.Conversion to christianity does not change the status of her marriage with Muslim man. She is legal weded wife with in the perview of shariath law.As Islamic shariath permits such marriage with christian woman as it is legal in shariath that the marriage with Kitabia.
(2) Under what Law i.e.Muslim Law or Christian Law she will get her share in the property of her husband?
Ans:- She will succeed her share according to Islamic shariath in the properties left by her husband.
(3)What is the legal status of her children?
Ans:-They are Muslims, according to shariath Law.
(4)After re-conversion whether she continues to be his wife?
Ans:-Absolutely she will continue as legal wife with in the purview of Islamic law.
Gulshan Tanwar
(Expert) 28 December 2010
Agreed with Ld. Vishal and Ld. Ahmed.
G. ARAVINTHAN
(Expert) 30 December 2010
Children will be legitimate as they born through the wed lock. However they are Muslims only.
Mallik Karra
(Expert) 22 March 2011
Dear Experts,
Can you pls enlighten if the woman is a hindu (converted to Islam and got converted to hindu) and all other facts remaining same......
Mohammed Khaleelullah
(Querist) 23 March 2011
Once she reverts back to Hinduism from Islam, she is no longer a wife and the marriage is dissolved.
Mallik Karra
(Expert) 31 March 2011
Thank you Mr. Mohammed.... can you also confirm about the right of her maintenance / dower once she converts to hinduism?
