What is the ruling concerning an unborn fetus when the parent apostatizes?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The ruling for a fetus carried at the time of the parent's apostasy follows the view that most legal rulings are contingent upon birth, thus the ruling of enslavement is treated as applying after birth, meaning they are judged as disbelievers and may be enslaved, similar to children born after the apostasy.
Supporting text
The apparent view of Al-Kharqi suggests the fetus shares the ruling of a child born after the apostasy. Al-Shafi'i considers the fetus as born, because it exists and has rights such as inheritance.