"According to Mahommedan law, a man mat lawfully marry a kitabeeah, but marriage with a Pagan or polytheist is unlawful. But the principle in Mahommedan law is, that when one of the parties turns to a state of religion that would render the marriage contract illegal if it were still to be entered into, what was legal before is made void. A Mahommedan woman, becoming a kitabeah, does not render the marriage void, for there is nothing to render the marriage contract illegal if it were still to be entered into; but if the Mahommedan woman becomes an idolatress, the marriage is void, for the woman has turned to a state of religion that would render the marriage contract illegal if it were still to be entered into; a Mahommedan woman, becoming a Christian, consequently, would not be separated from her husband, because she belongs to the religion of the book, that is a kitabee faith. If a kitabeeah becomes an idolatress, the marriage is dissolved, but if she change from one religion to another, and still remain a kitabeeah, the marriage is not vitiated..."So far as regards a woman's apostatizing to a kitabee faith, this holds good; but if a woman turns to Paganism ipso facto the marriage is void, and does not depend upon the volition of the husband (having regard to the principle we have adverted to above), so that the husband under such circumstances could not maintain a suit for conjugal rights, ... By Mahommedan law, a marriage by a female Moslem with a man not of the Mahommedan faith is unlawful; applying the principle quoted before, the man having turned to a state of religion that would render the contract illegal if it were still to be entered into, the marriage is void. The apostasy of the husband dissolves the marriage tie; consequently there does exist an essential difference between apostasy of a man and of a woman, of the apostasy of the husband or the wife; also between apostasy to a faith in a book, that is, a revealed religion having a book of faith, and apostasy to the idol worship Mahommed and his followers renounce."
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