Religious Conversion (Convert): effect on a marriage

Religious conversion, or convert, describes a situation where a spouse embraces or leaves Islam while the marriage is still ongoing. This can raise a jurisdiction question, meaning which court is entitled to handle the divorce and matters involving the children.

In real cases, common scenarios include a non-Muslim spouse who converts to Islam, or a Muslim spouse who leaves the faith. Both situations can trigger a dispute between the Civil Court and the Syariah Court over who is entitled to hear the case.

Such cases often take a long time because the court must first settle the religious status at the point the marriage was registered, and how that affects custody and property division.

States can take different approaches to registering and confirming religious status. To understand the related jurisdiction issue, read divorce overseas.