Section 4: Effect of conversion to another faith
“The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:”
Simple Translation
This is a very important clause that overturned the previous rule. It says that if a married Muslim woman chooses to leave Islam (apostasy) or converts to any other religion (like Christianity, Hinduism, etc.), her marriage does not automatically end.
- Real-World Example: A Muslim woman named Zoya decides to convert to Christianity. The moment she converts, her marriage to her Muslim husband, Farhan, is still valid. The act of conversion itself does not grant her a divorce.
“Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2:”
Simple Translation
This proviso clarifies that even though her conversion doesn’t automatically end the marriage, it also doesn’t take away her rights. After converting, she can still go to court and file for divorce using any of the nine reasons listed in Section 2 (like cruelty, neglect, etc.).
- Real-World Example: Zoya converts to Christianity. Her husband, Farhan, is furious and stops giving her any money for food or rent (neglect, Section 2(ii)). Or, perhaps, he becomes “habitually cruel” (Section 2(viii)(a)). Zoya can file for divorce on those grounds, and her conversion does not stop her from doing so.
“Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.”
Simple Translation
This is a specific exception. It says that the main rule in Section 4 does not apply to one particular case: a woman who was not born Muslim, converted to Islam, got married as a Muslim, and then converted back to her original religion. In this one specific situation, her “re-conversion” does automatically dissolve the marriage.
- Real-World Example: A woman named Priya was born Hindu. She converts to Islam, takes the name Parveen, and marries a Muslim man, Ahmed. A few years later, she decides to “re-embrace” her former faith and becomes Priya again. The moment she converts back to Hinduism, her marriage to Ahmed is automatically over. She doesn’t need to go to court.
Section 5: Rights to dower not to be affected
“Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.”
Simple Translation
This Act is only about how a woman can get a divorce; it doesn’t change the rules about her financial rights, specifically her mahr (dower). If she gets a divorce using this Act, she is still entitled to her dower (or any unpaid portion of it) just as she would be under normal Muslim law.Real-World Example: When Fatima married Ali, their Nikah contract specified a dower of ₹5 lakh. Ali paid ₹1 lakh at the wedding (prompt dower) and ₹4 lakh was “deferred” (to be paid later, usually at divorce or death). Fatima now gets a divorce using this Act (Section 2(ii), neglect). This law confirms that she still has the legal right to sue Ali for the remaining ₹4 lakh of her dower. (Note: This right might be affected if she gets a Khul’, as in example 2(ix), where she agrees to give up the dower).
- the dower).
Section 6: [Repealed.]
“[Repeal of section 5 of Act 26 of 1937.] Rep. by the Repealing and Amending Act, 1942 (25 of 1942), s. 2 and the First Schedule.”
Simple Translation
This section simply states that a small, related part of a different, older law (the Muslim Personal Law (Shariat) Application Act, 1937) was officially removed and is no longer in effect because this 1939 Act replaced it.Real-World Example: This is just a “housekeeping” note for lawyers and judges. It means they should not refer to that old section of the 1937 Act anymore because this 1939 Act is now the correct law to use. For a layperson, this section has no practical impact.