News By/Courtesy: Anusha G Rao | 02 Jan 2019 17:55pm IST

HIGHLIGHTS

  • The Govt of Kerala recently framed rules regarding personal declaration of conversion to Islam under the Muslim Personal Law i.e the application of Shariat law.
  • The rules were framed as per the judgment of Kerala HC on a petition filed by Mr Abu Thalib saying he wanted to give a declaration about his conversion from Christianity to Islam.
  • The Rules lay out a form of declaration which needs to be given to the prescribed authority after attestation by Notary Public, claiming a person’s willingness to adopt Muslim Personal Law.

The Govt of Kerala recently framed rules regarding personal declaration of conversion to Islam under the Muslim Personal Law i.e the application of Shariat law. A person now can give declaration before the prescribed authority about his willingness to be governed under the Muslim Personal Law. Thus the State Govt has made rules to carry out the purposes of the rules in the Act. 

The rules made up to the void nature in the Act which did not mention anything about the converted person’s declaration about his willingness to adopt Muslim Personal Law. The rules were framed as per the judgment of Kerala HC. One Mr Abu Thalib had filed a petition saying he wanted to give a declaration about his conversion from Christianity to Islam, however he could not due to the absence of rules in the Muslim Law. 

Thalib filed this suit since one Mr Simon Master’s body burial as per Islamic rules had led to litigation since there were no rules about open declaration of change faith. Hence, Thalib wanted to avoid such difficulties and give a statutory declaration. Thus, considering the same, the HC asked the Govt to make rules within 3 months. The Rules thus lay out a form of declaration which needs to be given to the prescribed authority after attestation by Notary Public, claiming a person’s willingness to adopt Muslim Personal Law.

 

Section Editor: Shreyashi Tiwari | 02 Jan 2019 17:59pm IST


Tags : #Kerala #HC #Declaration #Conversion #Muslim #Personal #Law

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