Who is a Muslim?

Muslim Law is AKA

Muslim Law is also called Sharia law.

Meaning of the word “Muslim”?

The word ‘Muslim’ means “one who submits to the will of God” by declaring that “there is no God except Allah and Muhammad is the messenger of Allah.

Muslim law is said to originate from ?

The Muslim Law or Islamic Law is believed to have been originated from the Divine.

Who did the Devine communicate with?

The Divine communicated the law to Prophet Mohammed through Angel Gabriel, who articulated it in the Holy Quran.

A Muslim means a person who believes in Islam. Islam stands for __________________________.

A Muslim means a person who believes in Islam. Islam stands for “submission to the Will of God.”

Who is a Muslim?

A person born as Muslim continues to be a Muslim until he renounces Islam after attaining majority.

Any person who professes the Mohammadan religion is a Muslim as he “acknowledges that there is one God and Mohammed is his Prophet.

Muslim + “Rasool”

The term Muslim extends to any person who professes Islam, i.e., one who acknowledges the unity of God and the Prophet hood of Mohammed. In other words, a person who accepts the Prophet as the ‘Rasool’ i.e., ‘the messenger of God.’

The Five Pillars of Islam

1.Shahadah or Tawheed

2.Namaz/ Salah

3.Fasting (Roza)

4.Zakat

5.Hajj

Test to prove someone is Muslim is _________.

A test to prove whether a person is Muslim or not: the Indian Legal System considers Tawheed as an essential element.

What was established in

Narantakhat vs. Parakkal (1922) 45 Mad 986 and Atia Waris vs. Sultan Ahmad PLD 1959 Lah 205

Narantakhat vs. Parakkal (1922) 45 Mad 986 and Atia Waris vs. Sultan Ahmad PLD 1959 Lah 205

“The Mohammedan Law applies to all Musalmans whether they are so by birth or by conversion…..Any person who professes the religion of Islam, in other words, accepts the unity of God and the prophetic character of Mohammed is a Moslem and is subject to Musalman Law.” – Ameer Ali This opinion is accepted by the courts, both in India and Pakistan.

What does the theory of Islam suggest?

According to the theory of Islam, religion depends upon belief; a believer may renounce Islam just as an unbeliever may accept Islam. It is for the courts to decide whether a person is a Muslim or not, and it depends upon the facts of each case.

Skinner vs. Orde (1871) 14 MIA 309

According to Islamic Law, if a child born to a couple, where either of the parent is a Muslim, then the Child is believed to be a Muslim. However, this notion is not accepted in the Indian Legal System. As in the case of Skinner vs. Orde (1871) 14 MIA 309, the Court observed that the religion of the Father will be presumed to be the religion of the Child.

Abdul Razack vs. Aga Mahomed (1893) 21 IA 56

As far as conversion is concerned no hard and fast rule can be laid down as far as external tests are concerned. As Lord Macnaghten said in the case of Abdul Razack vs. Aga Mahomed (1893) 21 IA 56, “no court can test or gauge the sincerity of the religious belief”.So, in order to be treated as a Muslim, a man must profess to be a Muslim and the conversion must not be colourable.

Bhayya Sher Bahadur vs. Bhayya Ganga Baksh Singh 41 I.A. 1

The illegitimate son of a Hindu by a Muslim Lady, who was brought up as a Hindu and married to Hindu girl according to Hindu rites, was held to be a Hindu.

Narantakhat vs. Parakkal (1922) 45 Mad 986

Narantakhat vs. Parakkal (1922) 45 Mad 986

In this case, the husband (H) after a time adopted the principles of a group called “Ahmadi.” The wife (W) considering it to be an act of apostasy believed that her marriage has come to an end, married to another Muslim man ‘Z’ , ‘W’ was charged of Bigamy. Decide?

The lower court held that Ahmadis are non-muslims and hence, the marriage between W and Z is still valid.

However, on appeal, the appellate court reversed the judgment and held that conversion to Ahmadi faith is not an apostasy as they too believe in two fundamental dogmas of Islam.

Jiwan Khan vs. Habib (1933) 14 Lah 518

Jiwan Khan vs. Habib (1933) 14 Lah 518

The question before the Hon’ble Court was whether Shias are Muslims or not? The Court affirmed that just because Shias do not accept the authority of first three Caliphs, they cannot be termed as non-Muslims. Despite their peculiar beliefs they do accept the fundamental dogmas of Islam, to wit, the unity of God and the mission of Mohammed as Prophet.