HC ALLAHABAD :- Conversion Of Religion Of A Non-Muslim Without Any Real Change Of Belief In Islam And Only For Marriage Is Void. December 20, 2014 at 1:37pm ConversionOf Religion Of A Non-Muslim Without Any Real Change Of Belief In Islam And OnlyFor Marriage Is Void. SUMMERY Religion, faith or devotionare not easily interchangeable. If the person feigns to have adopted anotherreligion just for some worldly gain or benefit, it would be religious bigotry. “Wherea non-Muslim male gets converted to the Muslim faith without any real change ofbelief and merely with a view to avoid any earlier marriage or to enter into a secondmarriage, any marriage entered into by him after conversion would be void.” The petitioner girls have stated that theydo not know about Islam. In the writ petition as well as in the statements onoath made before this Court, the petitioner girls have not stated that theyhave any real faith and belief in the unity of God and Mohamed to be prophet. Theyall stated that the boy got their religion converted with sole purpose to marrywith her. Thus conversion of religion to Islam, in the present set of facts, ofthe girls without their faith and belief in Islam and at the instance of theboys, solely for the purpose of marriage, can not be said to be a validconversion to Islam religion. These marriages (Nikah) are against the mandatein Sura II Ayat 221 of the Holy Quran. Even in the case of Lily Thomas (supra)Honble Supreme Court observed in paragraph Nos. 7,8 and 40 that conversion of religionof a non-muslim without any real change of belief in Islam and only formarriage is void. ..In this respect we can do no better than to refer the verses of Holy Quran. Sura 2 Ayat 221 of The Holy Quran as is mentioned in the text book of Mohammedan Law by I.Mulla, Ist Edition, 2nd reprint, at page 162,provides as follows:- Do not marry unbelieving women until they believe...... Nor marry your girls to unbelievers until they believe . Here a believing women is referred to such a women who has embraced Islam and has faith in Prophet Mohammed. Marriage in Muslim law is not only a ritual but is also a devotional act as Dr.M.U.S. Jang referred it in his book Desertion on the Development of Muslim Law in British India (page 1.2.). I. Mulla in his above text book at page 166 has written thus:- Koranic injunctions recognise in Islam, marriage as the basis of society. Though it is a contract, it is also a sacred covenant. Temporary marriages are forbidden. Marriage as an institution leads to the uplift of man and is a means for the continuance of human race. Thus for a valid Muslim marriage both the spouses have to be Muslim. In the present writ petition this condition is not satisfied as the writ petition lacks credible and accountable material in this respect on which reliance can be placed. Coming to another limb of argument raised by counsel for the petitioner that a muslim man is entitled to marry four time, we once again revert back to recognised treatises. We find that Sura 4 Ayat 3 of The Holy Quran provides for giving due care and provisions for a Muslim women. The said Ayat, as is referred to in the treatise by I.Mulla, is referred to below:- (vi) Number of wives- If ye fear that ye shall not be able to deal justly with the orphans ( orphan wives and their property); marry woman of your choice, two or three or four; But if you fear that ye shall not be able to deal justly (with them), then only one...........that would be more suitable to prevent you from doing injustice. From the perusal of above Ayats it is abundantly clear that bigamy is not sanctified unless a man can do justice to orphans. The said Ayat mandates all Muslims men to deal justly with orphans and then they can marry women of their choice two or three or four but if they fear that they will not be able to deal justly with them then only one. We are of the view, that such a religious mandate has been given to all the Muslims for a greater social purpose. If a Muslim man is not capable of fostering his wife and children then he cannot be allowed the liberty to marry other women as that will be against the said Sura 4 -Ayat-3.This aspect of the matter should not vex our mind further as the same came up before the apex court as well in Javed And Others versus State of Haryana: AIR 2003 SC 3057 and therefore we conclude this aspect of the submission by referring to the words of the apex court in that decision, which are as follows:- The Muslim Law permits marrying four women. The personal law nowhere mandates or dictates it as a duty to perform four marriages. No religious scripture or authority provides that marrying less than four women or abstaining from procreating a child from each and every wife in case of permitted bigamy or polygamy would be irreligious or offensive to the dictates of the religion. The question of the impugned provision of Haryana Act being violative of Art. 25 does not arise. As per the Holly Quran translated by Abdullah Yusuf Ali (published by Nusarat Ali Nasari for Kitab Bhawan, New Delhi in 1994), Sura II Ayat 221 of the Holy Quran mandates as under:- “Do not marry Unbelieving women, Until they believe: A slave woman who believes Is better than an unbelieving woman,Even though she allure you. Nor marry (your girls) To unbelievers until They believe: A man slave who believes Is better than an unbeliever, Even though he allure you. Unbelievers do but Beckon you to the Fire. But God beckons by His Grace To the Garden (or Bliss). And forgiveness, And forgiveness, And makes His Signs Clear to mankind: That they may Celebrate His Praise.” A.F.R. JudgementDelivered on 16.12.2014 Court No. -1 (1) Case :- WRIT - C No. - 57068of 2014 Petitioner:- Smt.Noor Jahan Begum @ Anjali Mishra & Another Respondent:- StateOf U.P. & 4 Others Counsel forPetitioner :- M.S. Ansari Counsel forRespondent :- C.S.C. JudgmentReserved on 31.10.2014 (2) Case :- WRIT - C No. - 58129of 2014 Petitioner:- Smt.Afsana @ Kiran And Another Respondent:- StateOf U.P. And Others Counsel forPetitioner :- R.P. Srivastava Counsel forRespondent :- C.S.C. JudgmentReserved on 3.11.2014 (3) Case :- WRIT - C No. - 58910of 2014 Petitioner:- Sony@ Sabia & Another Respondent:- StateOf U.P. & 4 Others Counsel forPetitioner :- Dinesh Raghav,Abhijit Mishra Counsel forRespondent :- C.S.C. Judgmentreserved on 10.11.2014 (4) Case :- WRIT - C No. - 60499of 2014 Petitioner:- Smt.Ayaish Begum @ Aneeta Vishwakarma & Another Respondent:- StateOf U.P. & 4 Others Counsel forPetitioner :- Bed Kant Mishra Counsel forRespondent :- C.S.C. Judgmentreserved on 20.11.2014 (5) Case :- WRIT - C No. - 62587of 2014 Petitioner:- Smt.Sonam Begum @ Priyanka & Another Respondent:- StateOf U.P. & 3 Others Counsel forPetitioner :- R.K. Shukla,Ajay Kumar Counsel forRespondent :- C.S.C. Judgment reservedon 21.11.2014 Honble Surya Prakash Kesarwani,J.
Posted on: Mon, 22 Dec 2014 03:34:06 +0000
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