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Who Is Muslim Under Muslim Law

Person who follows or practice Islam is a Muslim. Muslim is any person who has a professed belief in Islam. Well, this is just an overview , further in this blog we will discuss the in-depth concept of being a muslim in order to understand "Who Is Muslim"

Who is Muslim As Per Muslim Law
Muslim is a person who professes Islam and follows the Doctrine Of Certitude under Allah's commandment.
Who Is Muslim?

Muslim for the purpose of the application of Muslim law falls into the following two categories

  • Muslims by birth or Origin


  • One Who Is Muslim by religion or Conversion ( I.e. Person who professes Islam or persons who undergo the formal ceremony of conversion)

Muslim by birth or Origin : When both parents are Muslims the child will be Muslim. According to Shariat Act, even if one of the parent is Muslim , the child will be Muslim. It has been seen under Hindu Law if one of the parents is Hindu and other is the one who is Muslim and if the child is brought up as Hindu , the child will be Hindu. The rule of Muslim Law , It is submitted will be subject to this rule of Hindu law.

Muslim by religion or Conversion : A convert is a person who renounces his faith and adopts another. When a person declares that he is a follower of Muslim faith and undergoes a formal ceremony of conversion prescribed by the caste or community to which he converts. If such a conversion is bonafide and not made with any ulterior motive or intention it amounts to his having accepted the Muslim approach of God becomes the one "Who is Muslim".

Case Law : In case of Sarla Mudgal Vs Union of India (A.I.R 1995 , SC 1531). The Husband was already married as per The Hindu Law , without dissolving his first marriage , he embraced Islam and solemnized his second marriage. The court held that since the first marriage of the husband was as per Hindu law and was not dissolved before converting to Islam and remarrying , So, even if the person who is Muslim now has remarried as per Islamic law or Muslim Law but he didn't dissolved his first marriage which was as per Hindu law , So , this marriage would be invalid as per law.

Effect of Conversion To Islam : The rights and the status of the convert becomes subject to the Mohammedan Law . In the absence of the custom to the contrary, in the case of a Hindu converts to Islam succession and inheritance are governed by Mohammedan Law and not by The Hindu Law. So, the person who is Muslim after the conversion will be governed by the Muslim Law.


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