A Muslim man has two Muslim wives. The entire family converts to Christianity. Discuss the status of the wives and children. Can he divorce his wives by triple talaq post-conversion?

Question: A Muslim man has two Muslim wives. The entire family converts to Christianity. Discuss the status of the wives and children. Can he divorce his wives by triple talaq post-conversion? [HJS 2011]

Find the question and answer of Muslim Law only on Legal Bites. [A Muslim man has two Muslim wives. The entire family converts to Christianity. Discuss the status of the wives and children. Can he divorce his wives by triple talaq post-conversion?]

Answer

Mohammedan Law applies not only to persons who are Mohammedans by birth but by religion also, a convert changes not only his religion but his personal law also. An individual becomes apostate by conversion from Islam to another religion. An apostate can be implied if one does not formally renounce Islam.

Effect of apostasy on marriage

Before the Dissolution of Muslim Marriage Act, 1939, apostasy from Islam by one of the married pair would have been treated as dissolution of marriage with effect immediately, without:

1. the decree of a judge; or

2. being a repudiation of marriage, whether the conversion was before or after consummation.

After passing the Act in 1939, it resulted in section 4 of the Act which enumerates,

"The renunciation of Islam by a married Muslim woman or her conversion to faith other than Islam shall not by itself operate to dissolve her marriage".

On the other hand, Apostasy from Islam from Muslim husband will have immediate effects of the dissolution of marriage. Section 4 of the Dissolution of Marriage Act, 1939 does not apply to apostasy by the husband. The result is that apostasy of the husband is still governed by old law under which the renunciation from Islam by a husband will result in the complete and immediate dissolution of marriage.

In Abdul Ghani v. Azizul Huq, (1912) ILR 39 Cal 409, a Muslim man and woman got married. After some time, the husband embraced Christianity but reverted to Islam during the wife's iddat. Before the expiry of the iddat period, however, the wife got married to another man. The first husband thereupon filed a complaint against the wife, her father and her second husband under Section 494. It was held that no offence had been made.

So, where a Muslim husband converts to another religion (say Christianity), his marriage is immediately dissolved and the wife ceases to be a Muslim wife of that husband. As such, the wife is not governed by Muslim law and is free to marry another person (immediately) without waiting for the Iddat period. In conclusion, Section 4 only applies to the case of apostasy from Islam of a married Muslim woman, and apostasy of the Muslim husband would still operate as a complete and immediate dissolution of the marriage

Therefore, a Muslim man shall not be allowed to divorce his wives by triple talaq post his conversion to Christianity.

In regards to the question of the right of inheritance of children, it is well settled that their inheritance rights are not affected by apostasy. Change of religion does not affect rights of inheritance or other rights.

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