WHO IS A MUSLIM? – Law notes

 

A good discussion of this question is to be found in Aghmides, where it has been explained that there are at least three divergent views on the subject:

 

(i) he who believes in Muhammad as a Prophet belongs to the Muslim community, or

 

(ii) every person who says “there is no God but one and Muhammad is the Prophet of God” is a Muslim; or

 

(iii) Al-Baghdadi and other theologians hold that in addition to the belief in God and the Prophet, a number of other beliefs are also necessary.

 

        According to Ameer Ali, “The Mohammedan law applies to all Musulmans whether they are so by birth or by conversion... Any person who professes the religion of Islam, in other words, accepts the unity of God and the Prophetic character of Mohammed is a Moslem and is subject to Musulman law”. This view has now been accepted by the Indian Courts.

 

        In Narantakath v Parakkal, (1922) 45 Mad 986, it was laid down by the Madras High Court that the essential of doctrine of Islam is-

 

(i) that there is but one God; and (ii) that Mohammed is His Prophet

 

        A person may be a Muslim either by birth or by conversion. The conversion should be bona fide.

 

Muslim by birth. - If both the parents of a person were Muslims at the time of his birth, he would be a Muslim unless he renounces Islam. Where one of the parents of a child was Muslim at the time of his birth, but the other parent was a non-Muslim at that time the child would be a Muslim, provided he is brought up as a Muslim. In Bhaiya Sher Bahadur v Bhaiya Ganga Buksh Singh, (1914) 41 IA 1, the child's mother was a Muslim but father was a Hindu. It was brought up as a Hindu, held that the child was a Hindu.

 

Muslim by conversion. - By the very fact of professing the Muslim faith, a person embraces Islam no matter whether before that period, he be a Christian, a Hindu or a Buddhist and no matter what customs and practices or manner of living he may have been following up to that moment, immediately he becomes subject to Muslim law.

 

        But the conversion must be bona fide and not merely a colourable one with a view to elude the personal law to which he is subject. A Christian man married to a Christian woman, was cohabiting with another native Christian woman, and in order to escape the punishment for bigamy, both the man and the native Christian woman declared them-selves Muslims and went through a form of marriage according to Muslim law. The marriage was held to be invalid, Skinner vs. Orde, (1871) 14 MIA 309.

 

        1. A non-Muslim, who has attained majority and is of sound mind may embrace Islam in any of two modes-

 

(a) He may simply declare that he believes in the oneness of God and the Prophetic character of Mohammad, or

 

(b) He may go to a mosque, to a person who is well versed in Islamic theology (Alim), where he utters Kalma (Lailahe-ill-Allah Muham-mad-ur-Rasoolullah) before Imam, whereupon he is given a Muslim name by the Imam. A convert must formally profess to be a Mohammedan. It is however, necessary that the conversion must be bona fide, the court will not permit any one to commit a fraud upon the law by pretending to be a convert to Islam in order to elude the personal law by which he is bound.

 

        In Skinner v Orde, (1871) 14 MIA 309, Helen Skinner was married according to Christian rites with George Skinner who died in the lifetime of Helen. Thereafter, Helen cohabited with John Thomas who was married to a Christian wife, who was alive at that time. In order to legalise their union. Helen and John, both got themselves converted into Islam. However, their conversion was not held to be bona fide. Their Lordships of the Privy Council held that this conversion was a pretended conversion for the purposes of bigamy which was not permissible under law.

 

        In Rikhya Bibi v Anil Kumar, a Hindu woman accepted Islam in order to get rid of her Hindu husband, who was impotent. It was held that her conversion to Islam was colourable and was affected with intent to commit a fraud upon the law and was therefore invalid and ineffective.

 

FAQ (Frequently Asked Questions)

 

Ø Who is considered a Muslim under Muslim law?

A Muslim is someone who professes the Islamic faith, accepts the oneness of Allah, and believes in the Prophethood of Muhammad. Both practice and community recognition are often taken into account.​

 

Ø Can a person be considered a Muslim by birth?

Yes. Any child born to Muslim parents is considered a Muslim by birth. If only one parent is Muslim and the child is raised as a Muslim, the child is also generally recognized as a Muslim.​

 

Ø Can a person become a Muslim by conversion?

Absolutely. Anyone who sincerely adopts the Islamic faith is considered Muslim by conversion. This involves a profession of faith and acceptance of Islamic beliefs.​

 

Ø Is it necessary to follow specific rituals to be a Muslim?

No. It is sufficient to sincerely profess faith in Islam. Following the fundamental tenets is enough; performing particular rites or ceremonies is not mandatory for legal recognition.​

 

Ø How do courts determine who is a Muslim?

Courts look at profession and practice of faith, upbringing, and community recognition. Evidence such as belief in Islamic tenets and acceptance by the Muslim community is crucial. Birth alone is not enough if a person does not profess Islam in practice.​

 

Ø What is the legal impact of apostasy on Muslim status?

Apostasy renouncing Islam results in loss of Muslim status under Muslim law. It can affect rights in matters like marriage and inheritance.​

 

Ø Does Muslim law apply to all persons who claim to be Muslim?

Muslim law applies to those who are recognized as Muslims by birth or conversion so long as they profess and practice the faith. Courts may review cases for genuineness, especially for conversions made with mala fide intent.​

 

Ø Can a non-Muslim be governed by Muslim law?

No. Muslim law applies only to those recognized by birth or conversion as Muslims. Non-Muslims are not subject to Muslim personal law.​

 

Ø Are there relevant case laws defining a Muslim?

Important case laws include:

 

s Shamsuddin v. State of U.P.: External profession and community acceptance are evidence.

 

s Abdul Rashid v. State of Maharashtra: Courts look to belief, profession, and practice.​