Authority to approve conversion to Islam: HC asks to frame rules within 3 months

Kochi: The Kerala High Court has asked the state government to frame rules appointing an appropriate authority to approve one's conversion of faith into Islam. The court asked to fulfill the requirement prescribed in section 3 of Muslim Personal Law (Shariat) Application Act, 1937.

The court was disposing a plea filed by Thadevoos alias Abu Thahir of Muvattupuzha, who embraced Islam three years go. Thadevoos, who was born into a Christian family, married a Hindu woman and have three children. His wife and children are still following Christian faith, while he converted to Islam and practices it.

However, Thadevoos pointed out that he had no documents to prove that he is a Muslim.

"I wish to live as a Muslim. The legal remedy available is a declaration under Section 3 of the Muslim Personal Law (Shariat) Application Act 1937. But the State Government has not made any rule defining the authority before whom and the form in which, a declaration under this Act shall be made," Thadevoos had said.

As there is no authority as laid down in Section 3, two institutes at Ponnani and Kozhikode are currently issuing certificates of conversion to Islam. However, these certificates are not legally valid.

The petitioner had contended that to accept a religious faith of one's choice is a fundamental right and the government should frame rules in the regard and specify the authority before which the declaration of change in faith shall be made.

The court pointed out that the government is liable to facilitate such an authority if the law requires so.

The court closed the petition as the government informed the court that guidelines in the regard will be made within 3 months.