What is the ruling if the Muslim son does not admit the infidel's brotherhood, and each claims the deceased was their father exclusively?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
They are equal in their claim because their possession and assertions are equal. The Muslim and the infidel are treated equally in the dispute, and the inheritance is divided into halves, analogous to two people claiming possession of a house without evidence. It is possible that the Muslim's assertion is prioritized based on prior reasoning related to the Abode of Islam.
Supporting text
It is also argued that the statement of the Muslim is accepted under all circumstances, based on the principle that Islam ascends and is not overcome.