| Citation(s) |
|---|
| 1958 SLG 128 1958 SLD 128 1958 PLD 431 |
Lahore High Court
Regular Second Appeal No. 163 of 1956, decided on 17th March 1958, from the decree of the Court of Azam Ali, District Judge, Multan, dated the 9th January 1956.
A. R. CHANGEZ, J
Karam Elahi Chauhan for Appellant. Muhammad Amin Khan for
Respondent.
Regular Second Appeal No. 163 of 1956, decided on 17th March 1958, from the decree of the Court of Azam Ali, District Judge, Multan, dated the 9th January 1956.
A. R. CHANGEZ, J
Karam Elahi Chauhan for Appellant. Muhammad Amin Khan for
Respondent.
FAROOQ LEIVERS
VS
ADELAIDE BRIDGET MARY
Law:
Section:
(a) Muhammadan Law--- Conversion-Person embracing Islam---Becomes amenable to Muslim Law from moment of his conversion so far as his individual personality is concerned-Conversion brings dory about complete change as regards right of inheritance. It cannot be disputed that as soon as a person embraces Islam, he at once becomes subject to the Muslim personal and religious law and is completely cut off from his past. He accepts a new epode of life and enters a new domain where his deeds, words and actions are governed by the laws of his new religion. So far as his individual personality is concerned, there cannot be any doubt about it that his future in all aspects of his life becomes amenable to Muslim law, from the moment of his conversion to Islam. The effect of conversion to Islam brings about a complete change as regards the right of inheritance. His non-Muslim relations, howsoever near relations they may be are completely debarred from succeeding to the estate of the convert. Although the act of conversion is unilateral, but the legal consequences which flow from it directly affect the rights of others, which but for the conversion, they are entitled to enforce under their own personal law. The Advocate-General of Bombay v. Jumbabai and others I L R 41 Bom. 181; Sundarammal v. Ameenal A I R 1927 Mad. 72 ; Chidambaram Chettyar v. Ma Nyein Me and others A I R 1928 Rang. 179 and Mitar Sen Singh v. Maqbool Hussain Khan and others A I R 1930 P C 251 ref. (b) Muhammadan Law--- Marriage -Muslim woman can only marry a Muslim. Under the Muslim Law, a Muslim woman can only marry a Muslim. She can neither marry an idolater, nor a Christian nor a Jew, and a marriage contracted with anyone of those is void. (c) Muhammadan Law--- Marriage-Conversion-One of spouse embracing Islam-Other spouse refusing to embrace Islam--Judge must pronounce dissolution of marriage. When one of the spouses embraces Islam, then on account of the difference of religion, the ends of marriage are defeated, and therefore, except in the case of a kitabia wife, the infidel party is called upon to embrace the faith and if he or she refuses to do so, the Judge must pronounce dissolution of the…
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