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Saurabh..V (Law Consultant)     09 June 2011

(Expert Opinion Required) I'm Muslim Or Hindu??

I've a question for the learned professionals in this forum::

 

Suppose I’m a Hindu by birth. At the age of 24 I convert to Muslim religion in the presence of witnesses and by due process of Muslim Rituals. After such conversion, I never profess Muslim Faith and continue to live as a Hindu. No one in my locality/friends/neighbours/relatives knows about this conversion.

 

After 2years I apply for job at Aligarh Muslim University (AMU). The condition for acceptance of such application at AMU is that applicant should be a Muslim. At AMU, a person is working who lives nearby my house. He knows me as a Hindu by birth and he does not know about my conversion to Muslim faith.

Now he challenges my entity as a Muslim and claims that I’m a Hindu and have been living my life as a Hindu and I never embraced Muslim religion. He cites facts from my real life where I've been living like a Hindu. I posses a certificate and also have valid signatures of witnesses.

 

Will I be considered a Hindu or Muslim? Experts/professionals please throw light on this question with citations if possible.

 

MY PERSONAL OBSERVATION::

If I'm considered a Muslim, then I would continue to misuse it in my favour. Whenever I see benefit as a Hindu, I wouldn’t show my certificate and where I see benefit as a Muslim, I would show my certificate. Allowing such practice would jeopardise the whole process of conversion. Hence a person, even if he has converted, could only be accepted with the new religion, if he/she has embraced the new religion. Otherwise, conversion would be invalid.

 

 

//peace

/Saurabh.V



 31 Replies

pervez (adviser)     09 June 2011

Dear friend, such hypothetical [ assumptions] can not be answered .. My advice is ' Do it, have experience [ provided you are not booked for cheating and misrepresentation] and then share with others...

adv. rajeev ( rajoo ) (practicing advocate)     09 June 2011

Once you have converted to Muslim  religion then you are a muslim.  You cannot become Hindu by following the hindu procedures.
 

Democratic Indian (n/a)     09 June 2011

In India Freedom of Consciense and Freedom of Religion are your fundamental rights guaranteed by Constitution of India. You can change to any religion or back to original religion anytime. There is no limit to it. So long the changes are not done with malafide intentions/motives but are done in good faith, nobody can stop you to convert from one religion to other and back or being without any religion etc.

Sajid (Auditor)     09 June 2011

Who is muslim?

Muslim means, one who embrass Islam (Allah and his messenger Mohammed Salalahualihusalam.).

To become Muslim, He must have to know himself. He must know Allah. He must  know hereafter. Knowing all this things, he can become a true Muslim.

To know more details about this , please consult the Moulana or contact us at n.sajid@ymail.com

syed (Branch incharge)     09 June 2011

My question is " who are you now"

that you have to ask yourself

If you think you are muslim then no one has right to point you - whether you performing religious act or not thats secondary

If you think you are hindu, but try to change to muslim but later you dindt accept the religion then too you are still muslim only

but mysuggestion is just to get the job please dodnt use muslim identity

If you have converted to ISLAM then continue, hope you have seen some good things in islam then only you yourself accepted to chang the religion from Hindu to Muslim - if its right then please continue otherwise you dondt cheat yourself

Saurabh..V (Law Consultant)     09 June 2011

I have imaginarily thought of this situation. This is not me converting to any religion neither any other person. This question was raised in my psyche while answering a post:

 https://www.lawyersclubindia.com/forum/Re-Seeking-Divorce-Arya-Samaj-Marriage-38320.asp?1=1&offset=1

 

As pointed rightly by @Syed & by @Sajid, only genuine embracement for the purpose of following allah and following all muslim faith would amount to conversion in my view.

 

@pervez

I agree that my situation is hypothetical however, this situation can arise very easily if formal conversion would amount to actual conversion. I feel unless a person does not embraces the religion and keep following his/her earlier religion, then such conversion is invalid.

 

To add to the curiosity of all, how was Rajiv Gandhi called as a Hindu while his father was a Parsi? It is certainly because, he was brought up like a Hindu. That is how even after conversion, if a person continues to follow his/her previous religion and does not embrace the converted religion then the subject conversion would be invalid.

 

//peace

/Saurabh.V

syed (Branch incharge)     09 June 2011

Dear Saurabh,

What you are saying is correct when its comes to other religion

but when a person convert himself/herself to ISLAM ( as muslim) by saying the "kalima" then he/she becomes muslim and remain muslim even if they are not practicing as per ISLAM

At the same time a muslim will be punished by allah if he/she failed to practice ISLAM - its dosent matter whether you are born muslim or converted to muslim

In ISLAM - its all about believe - and a muslim believes Allah - Allahs command

When i say "muslim" its applicable to both men and women

Saurabh..V (Law Consultant)     09 June 2011

@Sayed

 

You are absolutely correct.

 

But my question is about practical situation. What is an unscrupluous person wants to misuse his conversion so another religion? What if he is mischevious?

 

My concern is that should we allow him to take advantage of ambiguity in the law or should we prevent him?

 

Learned members...........please clarify??????

This post is not yet aptly answered.....

 

//peace

/Saurabh.V

Democratic Indian (n/a)     10 June 2011

Saurabh a person can convert from religion x to y and then from y to back x or z. As I said earlier it is his fundamental right guaranteed by Constitution. Condition is that it should not be done with a malafide intention or coertion or inducement or under misleading by somebody. Here witness of mullah, molana or pandit etc. or religious permission is unnecessary, all that is needed is a declaration by the person since it is his fundamental right guaranteed by Constitution. Hence answer to your question is, person belongs to the religion to which he has made a declaration last time. If he again wants to change his religion, he can make another declaration. Since this is legal forum, my answer is based as per Constitution and not as per morality of changing religion as desired by some religion/s.
1 Like

Arup (UNEMPLOYED)     10 June 2011

Will I be considered a Hindu or Muslim?

 

----   adv rajoo and mr democratic indian legally right.

as it is personal liberty,  di 's this portion - You can change to any religion or back to original religion anytime. There is no limit to it. --  is absolutely right.

Arup (UNEMPLOYED)     10 June 2011

your declaration is your religion.

change of religion does not effect on the matrimonial relationship.

sarala mudgal vs uoi.

court will check the legal position of a person's religion, not what the religion says on it.

it can not be checked and controlled, as it is a personal liberty under coi. 

2 Like

Sajid (Auditor)     10 June 2011

Dear,

As you mentioned in your post that, At the age of 24 I converted to Muslim religion in the presence of witness. It is enough to say that you are a  MUSLIM.

Now, my suggestion  to you is that, please Learned Islam through the Scholars of Islam.

Now it is your duty to practice Islam. Do 5 time prayers in the mosque.

Saurabh..V (Law Consultant)     10 June 2011

@Sajid.

 

My question was only imaginary situation and I've not actually converted to Islam.

 

//peace

/Saurabh.V

Democratic Indian (n/a)     10 June 2011

"----   adv rajoo and mr democratic indian legally right."


As per Adv. Rajoo he cannot again change to Hindu religion. He said "Once you have converted to Muslim  religion then you are a muslim." I disagree on this part because every Indian citizen has complete freedom to change religion anytime and as many times under COI, he has only to make declaration to that effect that he is changing to Hindu religion or x or y or z religion. He is not constrained by religious dictates of any religion/s.

 

"As you mentioned in your post that, At the age of 24 I converted to Muslim religion in the presence of witness. It is enough to say that you are a  MUSLIM."

 

Please read the next post of author of thread, he is not presenting real incident, he is presenting only an imaginary example. Hence your reply is not applicable.


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