What is the ruling on an abandoned infant found in a land that was never Muslim, such as the lands of India or Rome?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 5 · Bab 1

Open in Qurani

Primary text

If no Muslims are present in a land that was never under Muslim control, the found infant is ruled a disbeliever because the land and its inhabitants belong to the non-believers. If Muslims, such as merchants, are present, it is possible to rule the infant a Muslim by favoring Islam, or rule the infant a disbeliever by favoring the dominant land and its majority. This entire detailed breakdown is the madhhab of Al-Shafi'i.