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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“So far as regards a woman’s apostatising to a kitabee faith, this holds good; but if a woman turns to Paganism, ipso facto the marriage is void, and does not depend upon the volition of the husband (having regard to the principle we have adverted to above), so that the husband under such circumstances could not maintain a suit for conjugal rights, nor would a conviction hold good against C., under Section 497, Indian Penal Code for sexual intercourse with B., the wife of A., who has apostatised to Paganism. The decisions of the two Courts, however, seem correct, on the principles of Mahommedan law, as to the effect of a husband apostatising from Islām. By Mahommedan law, a marriage by a female Moslem with a man not of the Mahommedan faith is unlawful: applying the principle quoted before, the man having turned to a state of religion that would render the contract illegal if it were still to be entered into, the marriage is void. The apostasy of the husband dissolves the marriage tie; consequently there does exist an essential difference between apostasy of a man and of a woman, of the apostasy of the husband or the wife; also between apostasy to a faith in a book, that is, a revealed religion having a book of faith, and apostasy to the idol worship Mahommed and his followers renounce. The law allows a person the right to cease to be a Mahommedan in the fullest sense of the word, and to become a Christian, and to claim for himself and his descendants all the rights and obligations of a British subject.” (Hogg v. Greenway, &c., 2, Hyde’s Reports, 3. Manual of Laws relating to Muḥammadans and their Relations of Life.)