What is the ruling on inheritance when a Muslim son claims his father died a Muslim, but an infidel son claims the father died an infidel?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The statement of the infidel, accompanied by his oath, prevails because the Muslim, by admitting to being the infidel's brother, admits their father was an infidel while claiming he later embraced Islam. If the Muslim does not admit brotherhood, and there is no proof thereof, the inheritance is split equally due to the equality of their possession and claim. If the Muslim claims the father died an original infidel, the inheritance goes to the infidel because the Muslim's claim implies the brother is an apostate (murtadd), which contradicts the apparent state where an apostate is not left in a state of apostasy in the Abode of Islam. If the Muslim claims the father was an infidel who converted before death, he admits the original state supported by his brother, only claiming its subsequent change; the original state remains until proven otherwise. This signifies that the Muslim’s admission of brotherhood implies the father was an infidel.
Supporting text
There is another narration from Ahmad, via Ibn Abi Musa, stating that both claimants are equal in their assertion, so the inheritance is split equally, similar to two persons claiming possession of an identical item. Another possibility suggests the inheritance belongs to the Muslim son, based on the domicile being the Abode of Islam, where the status of Islam is applied to an unknown person's descendant, and the deceased acquires the rulings of Muslims unless the origin of his religion is known.