Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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“Now, Mr. Currie asks in the above extract, does such an essential difference exist between apostasy to a book—that is, to a kitabee faith—and apostasy to idol worship? Answering this question necessitates a few remarks upon the judgments above mentioned. According to Mahommedan law, a man may lawfully marry a kitabeeah, but marriage with a Pagan or polytheist is unlawful. But the principle in Mahommedan law is, that when one of the parties turns to a state of religion that would render the marriage contract illegal if it were still to be entered into, what was legal before is made void. A Mahommedan woman, becoming a kitabeeah, does not render the marriage void, for there is nothing to render the marriage contract illegal if it were still to be entered into; but if the Mahommedan woman becomes an idolatress, the marriage is void, for the woman has turned to a state of religion that would render the marriage contract illegal if it were still to be entered into; a Mahommedan woman, becoming a Christian, consequently, would not be separated from her husband, because she belongs to the religion of the book, that is, a kitabee faith. If a kitabeeah becomes an idolatress, the marriage is dissolved, but if she change from one religion to another, and still remain a kitabeeah, the marriage is not vitiated. So far the Oudh Court is correct in its decision, that the Mahommedan wife’s conversion to Christianity did not render the marriage null and void, but that a suit for restitution of conjugal rights would lie; and taking the case of C. having sexual intercourse with B. the wife of A. converted to Christianity, a conviction under Section 497, Indian Penal Code, would hold good. But with all deference, I do not think that the Oudh Court is correct when it states that ‘apostasy by the wife without the wish of the husband could not be entertained; in fact, that as regards her husband’s volition, the apostasy could not exist, and would not be recognised.’