It was observed that in India there is presumption that the parties are Sunnis to which the great majority of Muslims belong.

The general position, however, can be summarized as follows:

1. Where both the parties to a suit are Muslims and belong to the same school, the Muslim Law of that school will apply.

2. Where the parties to a suit differ in religion or do not belong to the same school of Muslim Law, the Law of the Defendant will apply.

ADVERTISEMENTS:

3. Where a person, in good faith, changes his religion, or his school, ordinarily, the personal law changes with immediate effect from the time of such conversion.

4. Where a person who is convert to a new faith or has changed his school, the law of succession applicable to the estate will be the law of the region or the school which he professed at the time of his death.

It must be borne in mind that in India, a Judge cannot decide a case contrary to the law laid down by the Honorable Supreme Court of India or the Honorable High Court to which he is subordinate. It should also be borne in mind that Muslim Law is applicable only when a person is a Muslim. As such, it is imperative to know as to who is Muslim.