What is the legal ruling regarding the inheritance of two sons whose father's death is disputed as occurring before or after their respective conversions to Islam?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If one son converts to Islam on the first of Sha'ban and the other on the first of Ramadan, and they dispute the exact time of their father's death (whether in Sha'ban or Ramadan), the ruling follows the principle that life is presumed to continue until its cessation is confirmed. If both sons present evidence supporting their respective claims regarding the date of death (one claiming death in Sha'ban, thus inheriting alone, and the other claiming death in Ramadan, meaning inheritance is shared), there are differing scholarly opinions on resolving the conflict. One view holds that the two pieces of evidence cancel each other out. The preferred view is that the evidence proving death earlier, specifically in Sha'ban, takes precedence. This is because the evidence establishing death in Sha'ban contains additional knowledge (confirming death at an earlier, specific time) that may have been concealed from the proponents of the later date.