Who is a Muslim?

According to Aghnides a Muslim is

(i) one, who believes in the mission of Mohammad as Prophet, or

(ii) one, who says that there is one God and that Mohammad is “His Prophet”, or

(iii) one who believes in a number of other essential beliefs in God and Mohammad. Amir Ali says “Any person who professes the religion of Islam, in other words, accepts the

Amir Ali says “Any person who professes the religion of Islam, in other words, accepts the unity of God and the prophetic character of Mohammad is a Muslim.

This view has been followed in (Narantakath v. Prakkal) [1922) 45 Mad 986] wherein it was held that the essential doctrine of Islam is that to be a Muslim only two things are required one is that Allah is one and the another is the Prophethood of Mohammad.

It is not necessary that a Muslim be so by birth. In fact Islam depends on belief. A man can be Muslim even by profession or by conversion. According to Shariai if one of the parent is Muslim, the child will be Muslim. However in India it was held in Skinner v. Orde, (1871) 14 M.I.A. 309 that the child is presumed to belong. to the religion of the father. In this case one Helen Skinner was married in Christian form to George Skinner. After the death of her husband the wife cohabited with some other Christian. The subsequent husband was already married and his first wife was alive. In order to legalize their union, both went through the ceremony of conversion to the Muslim faith. The Privy Council held that such a marriage was of doubtful validity. In Bhaiya Sher Bahadur v. Bhaiya Ganga Baksh Singh, 41.IA1 the illegitimate son of a Hindu by a Muslim lady, who was brought up as a Hindu and married to a Hindu girl according to Hindu rites, was held to be a Hindu.

A person born as a Muslim continues to be Muslim until he renounces Islam after attaining majority. A Court of law is not concerned with peculiarities in belief, orthodoxy or heterodoxy, so long as the minimum of belief exists. In case of Narantakath vs. Parakkal (1922) 45 mad 986. A Moplah woman married a man who after some time become an Ahmadi. Moplahs are strict Muslims and this change of doctrine on the part of husband was considered an act of apostasy. According to Islamic law, apostasy on the part of one of the spouses completely severs the marital tie. Consequently, wife married another husband. The wife was prosecuted for the offence of bigamy. The lower Court held that there was a lawful case of conversion and therefore, the marriage tie was severed. The second marriage was perfectly valid. The High Court in revision, however held that conversion to Ahmadism is not an act of apostasy and therefore, the woman had committed bigamy.’

In the case of Jituan Khan v. Habib,(1933) 14 Lahore 518 the Lahore High Court held that people of Shia Community boycott first three Caliphs but they trust in one God and Prophetship of Mohammad, therefore, they too are Muslims.

The acceptance of some faith circumcision is one of the test but is not a Final test to deter whether a person is Muslim or not. Particular forms of belief and observance of ceremonial law may be taken into consideration.’ In order to be treated as a Muslim, a man must profess to be a Muslim. If he has converted into another religion, the conversion must not be bona fide. A conversion with mala fide intention will not be valid and amounts to fraud on law