The effect of apostasy from Islam (i.e., conversion to some other religion), can be examined from the following angles:
(i) Effect on Succession:
According to the strict Muhammadan Law, difference of religion is a bar to inheritance. But, by the application of the Freedom of Religion Act, 1850, a convert from Islam does not lose his right of inheritance. That Act does away with the provisions of Muhammadan Law by which apostates were excluded from inheritance.
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According to Muslim law, a Hindu cannot succeed to the estate of a Muslim. Therefore, if a Hindu, with a Hindu wife and his children, embraces Islam, and marries a Muslim wife, his property will pass on his death to his Muslim wife, and not to his Hindu wife and children. (Chedabaram v. Ma Nyien, I.L.R. (1928) 6 Ran. 243)
(ii) Effect on Marriage:
If a Muslim husband renounces Islam, his marriage with his Muslim wife is dissolved ipso facto. Such apostasy may be express (as for instance, when he says “I hereby renounce Islam”, or “I do not believe in God or the Prophet Mohammad”) or by conduct (as for example, by using grossly disrespectful language towards the Prophet).
As regards a Muslim wife, the mere renunciation of Islam by her does not ipso facto dissolve the marriage. Thus, for example, a conversion by a Muslim wife (who was born a Muslim) into Christianity does not, by itself, dissolve her marriage.
However, if the wife had been converted to Islam from some other faith, and she re-embraces ’her former faith, the marriage is dissolved. Thus, in the above example, if the wife was originally a Christian who had embraced Islam, if she re-embraces Christianity, her marriage would stand dissolved.
(iii) Effect on Guardianship in Marriage:
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(The effect of apostasy on the right of guardianship in marriage, under the heading “Guardianship in marriage”).