Who are Muslims?

Introduction: The word Muslim is derived from Islam and signifies a

person who adopts the faith of Islam. A Muslim person is a person whose
religion is Islam. The Arabic word Islam means submission to the will of
God. Legally, Islam is a religion in which it is believed that God (Allah) is
one and only one, and Muhammad is his messenger. This belief is the
minimum requirement for recognising a person as a Muslim. But it is
difficult to ascertain whether a person is a Muslim or not based on his faith
in Islam, as this is essentially a matter of the feelings of the heart.
Therefore, the courts have laid down objective and ascertainable grounds
for establishing whether a person is a Muslim or not.
According to the courts a person may be Muslim either by birth or through
conversion
Muslim by Birth
A person whose both parents were Muslims at the time of his birth is
regarded to be a Muslim by birth. The Indian courts have held that where
only one parent is Muslim, if the child has been brought up as a Muslim he
may be regarded as one. For example, a child whose mother was a Muslim
and father was a Hindu, was brought up as a Hindu. It was held by the
court that even though the childs mother was a Muslim, the child was not
to be regarded as a Muslim as he was not brought up as one and thus did
follow the faith of Islam.
A person who is born a Muslim continues to be a Muslim all his life,
unless on attaining majority he renounces Islam and changes his religion
of birth. Changing the religion of birth and adopting another religion of
your choice is called Conversion. A Muslim by birth can convert his
religion if he himself renounces Islam by making a public declaration.
Muslim by Conversion
Any person of any religion, who is of sound mind and has attained the age
of majority, can become a follower of Islam after renouncing his original
religion. By adopting Islam a non- Muslim becomes a Muslim and the
rules of Muslim personal law begin to apply to him. Such a person, who

renounces his original religion and adopts Islam as his religion, is said to
be a Converted Muslim.
Conversion to Islam may take place in two ways

A person may publicly declare that he has renounced his original

religion and is
now professing Islam and believes that there is one God and
Muhammad was his
messenger.

He may also convert through ceremonies prescribed in Islam itself.

The
ceremony itself is simple. The non - Muslim would have to go to a
mosque where the Imam will ask him to read a Kalema and give him
a Muslim name, whereupon that person becomes a Muslim.
The essential requirement in both these methods is that the person
professes or believes in the principles of Islam. However it is
difficult to ascertain the true intent of a person. A non Muslim may
convert to Islam not because of his actual faith but because he wants
certain benefits available under Muslim law. Therefore, in cases
where the conversion is only to legalise an act under Muslim law,
which is illegal under any other law, the converted person cannot be
regarded as a Muslim even if he says he is professing Islam.
The case of Skinner v. Orde is an example. In this case, a Christian
widow used to live and cohabit with a Christian male, who already
had a wife living. Cohabitation of a person with any woman other
than his wife is illegal. To legalise their cohabitation, they converted
to Islam because Muslim law allows Muslims to have four wives at a
time. It was held by the Privy Council that such a conversion was not
bona fide because its purpose was to commit fraud upon Muslim law.
Thus it is clear that in the case of a Muslim by birth, it is legally
presumed that he professes Islam, whereas for a converted Muslim it
may be necessary to prove that his intention in adopting Islam was
bona fide.
Conclusion: Once it has been established that a person is a Muslim, it
is immaterial whether he is born a Muslim or has become a Muslim
through conversion. In so far as the application of Muslim law is

concerned, there is no difference between a Muslim by birth and a

converted Muslim. A person, who adopts Islam, also adopts the
application of Muslim personal law on his family matters.