What is the ruling on establishing kinship through acknowledgment when the parties are of different religions?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the parties profess different religions, lineage is not established by their acknowledgment, even if they cannot inherit from each other, because conversion to Islam remains possible, enabling future inheritance. Similarly, if they acknowledge lineage while still enslaved, it is not established due to the potential for inheritance upon manumission.
Supporting text
If each of them has a son born of a free woman, and each acknowledges the other's son as his paternal cousin, it may be accepted because there is no *walaa* involved, thus fulfilling the condition for acceptance and eliminating the contravening factor. Conversely, it may be rejected because the inheritors would be Muslims. If their acknowledgment is accepted, and one acknowledges the other's father as his paternal uncle, this acknowledgment is not established regarding the nephew's status because if established, the nephew would inherit from the uncle instead of his emancipator. The preferred view is that it is not established, as it was not established concerning one party, so it is not established concerning the other.