Apostate from Islam

Effects of apostate from Islam (Convert from Islam).
In the Hashemite Kingdom of Jordan, as you were Muslim and left your religion of Islam to Christianity, this is considered as apostate from Islam, and this is confirmed by the decision of the Cassation court in Jordan No. 3574/ 2005.
It is illegal that you apostate from Islam; accordingly an apostasy case can be filed by any Muslim person against you any time, and this case shall be filed before the Sharie Court. This is confirmed by the decision which was issued by the Sharie court in Jordan No. 1136/43107 in 30 of June 1997.
According to article 21 of the law of formatting the legal courts No. 19 year 1972; the decisions of the Al-Share&a Appeal Courts are considered final and cannot be challenged.
Kindly note that it is still possible that any Muslim person in Jordan believes that you apostate from Islam to file an apostasy case.
First:
According to the advisable opinion issued by the Jordanian public Fatwa under the No. 7 dated 14 July 1986 :
” ..3- The apostate from Islam deserves to be killed according to Share&a if he did not come back to his religion “the Islam”, accordingly his family shall deal with him as a dead man.”
Also according to the advisable opinion issued by the Jordanian public Fatwa under the No. 237 dated 28 May 2009:
“The apostate Muslim shall be asked to repent and come back to Islam, and if he repent and come back to Islam then his repent shall be accepted and he will not be killed because of his apostate from Islam.”
Also, please note that the decision of the cassation court in Jordan No. 3574/2005 which was issued in 4 October 2006 stated:
(…The person who apostate from Islam is not recognized in any other religion but Islam, and shall be forced to come back to Islam within three days, and if he did not come back to his religion ” the Islam”, then he deserved to be killed if he was a Muslim man, and if the person is a woman she will not be killed but she will be asked to repent and come back to Islam.)
Also the book titled ” The personal status in Civil rights, inheritance and wills” which was written by Dr. Mustafa Alsiba’ei and Dr. Abed Al-Rahman Al Sabouni in 1965 in stated the page 461 of it: ” …the scientist of Islam fully agreed that who apostate from Islam shall be asked to repent, and he shall be left for some days in order to change his mind, but if he insisted to apostate he shall be killed.
But please note that according to the law in Jordan, killing is not allowed for this reason.
Second:
If any person convert from Islam to Christianity, he will be considered as he do not belong to any religion even you are Christine.
According to the advisable opinion issued by the Jordanian public Fatwa department under the No. 7 dated 14 July 1986:
“The apostate person from Islam will have no jurisdiction over his children, as he shall be out of his Muslim family because of the apostate from Islam.”
The decision of the cassation court in Jordan No. 3574/2005 which was issued in 4 October 2006 stated : “… The religion of Islam do not force the people to belong to it, but if the person who was Muslim apostate from Islam, then shall be considered as a person who do not belong to any religion else..”
” … The apostate from Islam after being a Muslim becomes as a person who do don’t belong to any religion”
Also according to the decision which was issued by the Sharieya court in Jordan No. 21394 dated 21 of April 1980:
” The apostate from Islam is not recognized by Islam, and if he belong to another religion ” Not Islam” he becomes without any religion because he will be considered as a person who do not belong to any religion.”
Also according to the decision which was issued by the Sharieya court in Jordan No. 1136/43107 dated 14 of July 1997:
“It is not permissible in Islam religion that Muslims apostate from Islam and convert to any other religion, and Islam do not recognize the apostate Muslim who covert to another religion and consider him as a person who do not belong to any religion.”
According to the advisable opinion issued by the Jordanian public Fatwa department under the No. 10:
“According to Islam religion the person who changes his religion shall be considered as apostate, and his new religion which he converts to it shall not be recognized by the Islam.”
Third:
who would covert from Islam will lose his right in inheritance as well.
The decision of the cassation court in Jordan No. 3574/2005 which was issued in 4 October 2006 stated: “The apostate person from Islam does not inherit from the Muslim or anyone else”.
Also according to the decision which was issued by the Sharieya court in Jordan No. 1136/43107 dated 14 of July 1997:
“The apostate person does not inherit from his Muslim parents…and the result of apostate from Islam is preventing the apostate person from his right in the inheritance”
Fourth:
Who covert from Islam will lose his right to marry any Muslim woman in Jordan, taking into consideration that the majority of people in Jordan are Muslim.
Also it is worth mentioning that apostate man from Islam loses his right to marry a Muslim woman and this is established in article 33 of “the Jordanian Code of personal status which stated that the marriage of Muslim woman with not-Muslim man shall be considered void.
And it is worth mentioning that Muslim man has the right in Jordan to marry a Christian woman. It is worth mentioning that the Jordanian Muslim person who apostate from Islam is not excuse in ignorance of the Islamic ruling and/or the law in Jordan.
Finally, from the social side, many people who convert from Islam to Christianity faced a real social problems, that their family left them and they lost their inheritance as well, and they also lost the respect from Muslim people. And as you know that no Muslim family would accept that you marry a Muslim woman.
I believe that you from the socially side in Jordan, it is not acceptable at all that you apostate from Islam to Christianity.

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ABOUT THE AUTHOR: Tarik Arida (Lawyer)
Tarik Arida is a partner in Arida Law Firm, established by Hani Arida in 1973.

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