What happens when a Muslim brings evidence that the deceased died a Muslim, and an infidel brings evidence that he died an infidel, and the deceased's origin religion is unknown?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the evidence of the infidel states the deceased died an infidel, both pieces of evidence are nullified, and they are treated as if neither has evidence. If one set of witnesses testifies they knew him to be a Muslim, and another set testifies they knew him to be an infidel, the inheritance goes to the Muslim because Islam can supervene upon disbelief, unless the witnesses dated their knowledge. If both sets of evidence are dated differently, the later date prevails because it is established that the deceased transitioned from the state attested by the first evidence to the state attested by the second. If both sets of testimony are unqualified (un-dated), the evidence of the Muslim is prioritized because a Muslim does not affirm disbelief in the Abode of Islam, whereas an infidel may convert to Islam and affirm it.
Supporting text
If the evidence is dated on the same day and concerns the precise wording of the last declaration, they contradict each other. If the origin religion is known, the evidence introducing a change from the origin is prioritized. In cases of contradiction where no origin is known, the ruling of Al-Kharqi is that both pieces of evidence are dropped, and they are treated as having no evidence. Other narrations suggest drawing lots or dividing the inheritance equally, similar to Al-Shafi'i's view.