On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion. (Advocate-General of Bombay v. Jimbabai, I.L.R. (1917) 41 Bom. 181)Thus, an Indian Christian domiciled in India can, after his conversion to Islam, legally contract a second marriage with a Muslim woman while his former marriage with a Christian woman is still subsisting.
(John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v. Superintendent, Registrar of Marriages, Hammer-smith, (1917) 1 K.B. 634) But the conversion of a Hindu wife to Islam does not ipso facto dissolve her marriage with her husband, and she would be guilty of bigamy if she marries again. (Mst. Nandi v. The Crown (1920) I.L.R. 1 Lah. 440)In Khambatta v. Khambatta [(1934) 36 Bom. L.R.)], a Muslim married a Christian woman in the Christian form. The wife became a convert to Islam and the husband divorced her by talak. In these circumstances, the Court held that the divorce was valid.
BY Ankit Tiwari" The Law of Conversion Under Muslim Law Position of a Child and his Rights after Becoming a Major"
Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018,
Paper URL: http://www.ijtsrd.com/papers/ijtsrd17050.pdf
Direct URL: http://www.ijtsrd.com/humanities-and-the-arts/other/17050/the-law-of-conversion-under-muslim-law-position-of-a-child-and-his-rights-after-becoming-a-major/ankit-tiwari
ugc journal list, peer reviewed journal, high impact factor
(John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v. Superintendent, Registrar of Marriages, Hammer-smith, (1917) 1 K.B. 634) But the conversion of a Hindu wife to Islam does not ipso facto dissolve her marriage with her husband, and she would be guilty of bigamy if she marries again. (Mst. Nandi v. The Crown (1920) I.L.R. 1 Lah. 440)In Khambatta v. Khambatta [(1934) 36 Bom. L.R.)], a Muslim married a Christian woman in the Christian form. The wife became a convert to Islam and the husband divorced her by talak. In these circumstances, the Court held that the divorce was valid.
BY Ankit Tiwari" The Law of Conversion Under Muslim Law Position of a Child and his Rights after Becoming a Major"
Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018,
Paper URL: http://www.ijtsrd.com/papers/ijtsrd17050.pdf
Direct URL: http://www.ijtsrd.com/humanities-and-the-arts/other/17050/the-law-of-conversion-under-muslim-law-position-of-a-child-and-his-rights-after-becoming-a-major/ankit-tiwari
ugc journal list, peer reviewed journal, high impact factor
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