What is the legal status of a person whose Islam is established only based on the presumption of the land they reside in?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The establishment of Islam based solely on the presumption of the territory (Dar al-Islam) is only outwardly valid, not certain, because the individual might have been born to non-believing parents. If a non-believer presents clear proof that the foundling is his son born on his (the claimant's) bed, judgment is given in favor of the claimant. When a foundling reaches the age where declaring Islam or apostasy is valid, if they declare Islam, they are a Muslim, irrespective of whether they were previously ruled Muslim or non-Muslim based on the land's status. If they declare disbelief (Kufr) while previously ruled Muslim, they are considered an apostate (Murtadd) and not permitted to remain in their disbelief.
Supporting text
Abu Hanifa holds this view. Al-Qadi mentioned a second opinion, supported by Al-Shafi'i, that the foundling is permitted to remain in disbelief because the declaration of the parents (establishing lineage/religion) is stronger than the presumption of the territory. This latter view is considered weak because evidence for Islam has been found without contradiction, its ruling established and settled, and thus cannot be overturned by a mere statement, similar to the son of a Muslim. Furthermore, the statement about the father holds no real evidentiary weight since the parent's identity and prior religion are unknown; the declaration originates from the child alone. According to the primary view, upon reaching maturity, the individual is to be given three chances (to repent); if they refuse, they are executed.