Does a child of non-Muslim parents become Muslim upon the death of one or both parents in the land of Islam?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
When one of the non-Muslim parents dies while residing in the land of Islam, the child is deemed a Muslim upon that death, and inheritance is distributed to him. The basis for this ruling is the Hadith: 'Every newborn is born upon the Fitra (natural disposition); it is his parents who make him Jewish, Christian, or Magian.' When one parent dies, the dependency establishing disbelief is severed, necessitating a return to the Fitra upon which the child was born, aligning with the ruling of the land of Islam which judges all residents to be Muslim. Inheritance is assigned because the establishment of Islam is contingent upon the death of the parent who caused the dependency, and this simultaneous occurrence prevents the Islam (which prevents inheritance) from preceding the establishment of the right to inherit.
Supporting text
The majority of jurists hold that the child is not judged a Muslim upon the death of the parents or one of them, as his disbelief was established through following them (taba'iyyah), and no affirmation of Islam has occurred from him or his followers. No precedent exists from the Prophet or the Rightly Guided Caliphs compelling a Dhimmi orphan to accept Islam upon the death of a parent. Furthermore, if the father was a slave and the master declared the son free upon the father's death, the son is freed but does not inherit; similarly, contingent Islam should not prevent inheritance. This ruling applies only in the land of Islam; in the land of war (Dar al-Harb), the child of non-Muslims is not judged to be Muslim upon the death of either parent, just as a foundling's status is not judged there.