If the parents of a child born to non-Muslims subsequently embrace Islam, what is the ruling on the child if he refuses Islam upon maturity?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
If the father or both parents embrace Islam and the child reaches maturity but refuses Islam, the child must be compelled to accept Islam and is not to be killed for refusal. This is based on the principle that Islam prevails and is preferred, being the religion chosen by God for His servants and ensuring ultimate happiness. Furthermore, the domicile (Dar) being the land of Islam necessitates the judgment of Islam upon its inhabitants, meaning a refusal to accept Islam in this land necessitates execution for apostasy from Islam, as the child is considered Muslim.
Supporting text
The opinion of Malik states that if the father embraces Islam, the children follow him, but if the mother embraces Islam, they do not follow her, as children of belligerents follow the father. Al-Thawri held that upon reaching maturity, the child has the choice between the religion of the father and the religion of the mother. However, the primary position argues that the child must follow the Muslim parent if one embraces Islam, and that the choice mentioned in the hadith regarding the boy whose father accepted Islam and mother refused pertains only to custody (Hadhanah), not to religion.