Who is a Muslim under Muslim Law

In India, personal laws relating to marriage, divorce, succession, and family matters are often governed by the religion of the parties involved. Muslim law, or Islamic law, is a distinct branch of personal law applied to Muslims in India. But a foundational question often arises—Who is considered a Muslim under Muslim law? This question is not just theological, but has direct legal, social, and personal consequences. From determining the applicability of Shariat law to succession, maintenance, and marriage, this article aims to explain, in detail, who qualifies as a Muslim under Muslim law in India.

The Meaning of “Muslim”

A Muslim is generally defined as a follower of Islam. Islam is a monotheistic religion, believing in one all-powerful and all-knowing God called Allah. The followers of Islam are called Muslims, and they try to live their lives according to the will and guidance of Allah, as revealed in the Quran and through the life and teachings of Prophet Muhammad.

In the legal context, being recognised as a Muslim is not just about personal faith—it determines which set of personal laws apply to an individual in several areas of civil life.

Categories of Muslims under Muslim Law

Muslim by Birth

The most straightforward way someone is considered a Muslim is by birth.

a) Both Parents are Muslims

If both parents are Muslims, their child is automatically considered a Muslim by birth, unless there is clear evidence to the contrary. This principle is almost universally accepted among Islamic jurists and in the Indian courts.

b) One Parent is Muslim

Even if only one parent is Muslim, the child is presumed to be a Muslim—especially if the child is brought up in the Muslim faith. Indian courts have usually favoured this position, but the presumption can be rebutted if the child is actually brought up in a different religion.

Case Reference

• Azima Bibi v. Munshi Samalanand (1912) 17 CWN 121: The court held that a child born to a Muslim couple remains Muslim even if he chooses to visit a Hindu temple. He remains a Muslim until he formally renounces Islam.
• Bhaiya Sher Babadur v. Bhaiya Ganga Baksh Singh (1914) 41 IA 1: If a Muslim woman has a child by a Hindu man and the child is brought up as a Hindu from birth, then the child will be considered Hindu.

Courts look at the upbringing and practices of the child. If a child is raised as a Muslim—given a Muslim name, taught Islamic beliefs, and participates in Muslim rituals—the child will be legally considered Muslim. However, if the child is brought up in another faith, the court may determine otherwise, especially in cases of interfaith marriages.

Muslim by Conversion

The Process of Conversion

A person can also become a Muslim by converting to Islam. Conversion requires two things:

• Renunciation of the former religion.
• Sincere acceptance of Islam, usually expressed through the recitation of the Shahada (the Islamic profession of faith): “There is no God but Allah, and Muhammad is His Messenger.”

This conversion can be performed privately or in front of witnesses, and in India, many mosques or Islamic organisations provide a conversion certificate as proof, though it is not strictly required.

Legal Recognition of Conversion

For conversion to be legally recognised, it must be genuine and not for any ulterior or illegal motive.

Conversion for Ulterior Motives

In India, some people have tried to convert to Islam solely to take advantage of Muslim personal law—especially the allowance of polygamy. Indian courts have strongly disapproved of such conversions.

Key Case Laws

• Sarla Mudgal v. Union of India (1995 AIR 1531): The Supreme Court held that a Hindu husband who converts to Islam to marry again without dissolving his first marriage under Hindu law cannot use conversion as a shield to avoid prosecution for bigamy. Such a marriage is void and the man can be prosecuted under Section 494 of the Indian Penal Code.
• Lily Thomas v. Union of India (AIR 2000 SC 1650): The Supreme Court reiterated that a personal law cannot be misused to defeat the intent of another law. A Hindu husband converting to Islam and marrying again, without dissolving his first marriage, is still guilty of bigamy.

Criteria for Valid Conversion

A valid conversion to Islam requires:

• Sincere acceptance of Islamic faith.
• Open declaration, usually through the Shahada.
• No ulterior or fraudulent motive.

The court will look into the facts and circumstances of each case to determine whether a conversion is genuine.

Renunciation of Islam (Apostasy) and Its Legal Impact

Apostasy means renouncing or abandoning one’s religion. In Islamic context, if a Muslim gives up Islam and adopts another religion, this is called apostasy.

Effect on Marriage

• If a Muslim man renounces Islam: His marriage ends immediately. The law considers that a non-Muslim man cannot remain married to a Muslim woman under Muslim law.
• If a Muslim woman renounces Islam: The marriage does not automatically dissolve. However, if she was a convert to Islam and leaves Islam to return to her previous faith, her marriage may end.

Succession and Other Rights

Apostasy can also affect rights of inheritance and succession, as under Muslim law, a non-Muslim does not inherit from a Muslim.

The Essential Requirements for Being a Muslim

By Birth

• Child of Muslim parents (either both or one), and
• Brought up in the Muslim faith.

By Conversion

• Public and sincere profession of the faith (Shahada).
• Intention to actually live as a Muslim.
• No evidence of fraud or intention to defeat the law.

Indian Statutes Governing Muslim Law

In India, The Muslim Personal Law (Shariat) Application Act, 1937 declares that Muslim personal law applies to Muslims in matters of marriage, divorce, inheritance, and more. It does not define “Muslim,” but relies on the generally accepted religious and judicial definitions as discussed above.

Other relevant statutes include:

• The Dissolution of Muslim Marriages Act, 1939
• The Muslim Women (Protection of Rights on Divorce) Act, 1986

Conclusion

The answer to the question “Who is a Muslim under Muslim Law?” is crucial for the application of personal laws in India. A Muslim can be:

• By birth: Born to Muslim parents and brought up in the faith.
  
• By conversion: Someone who sincerely accepts Islam and professes its core beliefs.
  

Courts rely on both legal principles and evidence of actual belief and practice. Conversion with mala fide intent (for example, only to marry a second time) is not protected by law. Apostasy, especially by men, has an immediate legal impact on marriage. The courts also recognise the importance of upbringing, personal choice, and social practice in deciding who qualifies as a Muslim.