Does the prayer of an apostate establish their Islam for the purpose of inheritance?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 4 · Bab 1

Open in Qurani

Primary text

If an apostate dies, and his heirs present proof that he performed the prayer after his apostasy, inheritance is ruled in their favor based on that prayer. This ruling applies equally to the original unbeliever and the apostate, as the act that establishes Islam for the former also establishes it for the latter, similar to the Shahadatayn.

Supporting text

However, if it is proven that the apostasy occurred after the prayer, or if the apostasy involved denying an obligatory duty, a holy book, a prophet, a king, or a similar deviation attributed to Islam, then his prayer does not establish his Islam because he believes in the obligation of prayer and performs it while maintaining his state of disbelief, thus resembling his performance of other non-Islamic acts.