INTRODUCTION
Apostasy is derived from the Greek word “apostasies”, which means defection. Basically Apostasy means the abandonment of belief or simply can be termed as faithlessness. Apostasy is a term used by society when a person loses his faith over his religion. Sociologists say that an apostate is a state of conflict over an idea for an individual which leads to a struggle against their old belief or faith. In a general sense, apostasies means an escape, redeem, liberate an individual from a practice that self-limits them.
Even in the 21st century, many religious groups oppose the notion of atheism which sometimes leads to boycotts in community, criminal offense, or execution. In some Islamic countries, death punishment is found in the Sharia law. In 2014, the International Humanist and Ethical Union found that; there are 13 countries that still impose capital punishment on people. Just because they have a lack of faith in their religion.
Tthe Preamble of the Constitution of India it is clearly stated that Liberty of thought for religious belief and worship. Section 295A of the Indian Penal Code deals with deliberate and malicious acts. Intended to outrage religious feelings or any class by insulting its religion or religious beliefs.
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
In India, apostasy is an essential factor for personal laws. Muslim law in India has a major effect on apostasy in their personal laws when compared to other laws. Marriage is recognized as a union between people. Marriage is a traditional custom one in many religions. Whereas in Muslim law, marriage a civil contract that legalizes sexual intercourse and for the procreation of children. Under Muslim law marriage is also known as Nikah.
Apostasy is called ridda in Islamic literature. An apostate or murtad means ‘one who turns back’ from Islam. A person born to a Muslim parent who later rejects Islam is called a murtad fitri. Aperson who converted to Islam and later rejects the religion is called a murtad milli.
An individual can be called an apostate when he or she converts from Islam to another religion. Even when one formally does not renounce to Islam, the person can be impliedlly as an apostate. However, if a person under compulsion or in fear of war had to denounce from Islam. It is not consider as an apostate.
EFFECT OF APOSTASY ON MUSLIM MARRIAGE
Before the Dissolution of Muslim Marriage Act, 1939, apostasy from Islam by one of the married pair would have been treated as dissolution of marriage with effect immediately, without the decree of a judge or being a repudiation of marriage, whether the conversion was before or after consummation. After passing the Act in 1939, it resulted in section 4 of the Act.
- Apostasy by husband
Apostasy from Islam by a Muslim husband will have immediate effects on the dissolution of marriage. Section 4 of the Dissolution of Marriage Act, 1939 does not apply to apostasy by the husband. Apostasy of the husband is still decide by the previous law under which the renunciation from Islam by a husband will result in complete and immediate dissolution of marriage. When a husband converts his religion, the wife is not govern by Muslim law. She is free to marry without waiting for the Iddat period.
- Apostasy by wife
The conversion of a married Muslim woman to another religion does not dissolve her marriage. Also, even after renouncing Islam, the wife may obtain a decree for the dissolution of her marriage on any of the grounds specified in Section 2 of the Act. Section 4 does not apply to a woman who converts to Islam from other faith and take back her former faith.
In the case of Munavvar-ul-Islam v. Rishu Arora, (AIR 2014 Del 130 ) it was held that whatever view be take of the uncertain status of the parties during the period of iddat. However illegal and void under Mohammedan law the second marriage of the woman during the period of iddat may be, there is no foundation for any charge under Sec 494 of IPC against her. Her second marriage is not void because of its taking place during the life of her prior husband but because of the special doctrine of the Mohammedan law of iddat with which the Indian Penal Code has nothing to do.
CONCLUSION
Apostasy has a great impact on personal laws relating to Muslim law. In India, the apostasies from Islam are provided protection under the Constitution of India and the Dissolution of Marriage Act, 1939. The female who gets married to a Muslim is protect under Muslim law and the Constitution of India. Moreover, there are many NGOs and religious leaders that ensures that no individual can take undue advantage of Muslim law.
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