The Kerala high court has asked the state government o frame rules for appointing an authority to grant approval of conversion to Islam. A division bench of Justices C T Ravikumar and A M Babu gave direction directed the State Government to frame rules under Section 4 of the Muslim Personal Law(Shariat) Application Act 1937. The direction was issued by a Division Bench in a petition was filed by one Thadevoos alias Abu Talib.
The petitioner Abu Talib was born a Christian, who married a Hindu woman. He embraced Islam three years ago and wishes to live the rest of his life as Muslim. He wishes to be governed by Muslim Personal Law and wants to give a give a declaration to that effect as per Section 3 of the Shariat Act before the “prescribed authority”. However, the State Government has not framed any rules invoking power under Section 4, and has not “prescribed” any authorities competent to accept declarations under Section 3. In this backdrop, he approached the High Court.
As stated in his petition, he felt the need to give such a declaration in the wake of recent incident, where one Simon Master, who had converted to Islam from Christianity, was not buried as per Islamic rites as his family did not recognize his conversion. The case of Simon Master had led to a litigation in High Court when a Muslim body claimed that Simon Master should be buried as per Islamic rites. In order to avoid such future confusion, Abu Thalib wanted to give a statutory declaration.
However, the absence of Rules made by Government disabled him from exercising his rights under Shariat Act. He also stated in the petition that though there were Islamic bodies like Maoonathul Islam Association, Ponnani and Tharbiyathul Islam Association, Kozhikode, which were issuing certificates of conversion, they had no legal
The petitioner contended that rules have not been framed for establishing an authority to approve conversions under Muslim Personal Law (Shariat) Application Act, 1937. According to Section 4 of the act, the government may prescribe an authority to approve conversions to Islam.
The petitioner cited a news report, where there were disputes regarding last rites of a man who had converted to Islam from Christianity. Though he had converted to Islam, there was no proof or record to show the same.
Interestingly, the act only says that the government ‘may’ prescribe an authority. However, the court said that the word ‘may’ should be understood as ‘shall’. After the counsel appearing for state government assured the court that the rules will be framed within three months, the court disposed the petition directing the government to do the same.
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