What is the consensus regarding the burial of an infant found dead in Muslim lands?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The general consensus among the lay scholars is that if a child is found dead anywhere within the lands of Islam, washing and burial in the Muslims' cemeteries are obligatory. They forbid the burial of the children of polytheists in the cemeteries of Muslims. This consensus is reported by Ibn al-Mundhir.
Supporting text
If an abandoned infant is found in a village containing only polytheists, the ruling is that the infant is a disbeliever, according to the apparent ruling established by Al-Shafi'i and the People of Opinion (Ahl al-Ra'y).