What is the ruling if a foundling, whose Islam was presumed based on the territory, declares disbelief upon maturity?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If the foundling declares disbelief, they are considered an apostate and are not permitted to adhere to disbelief. This is the position held by Abu Hanifa.
Supporting text
Al-Qadi suggested that if they declare disbelief, their guardians are allowed to keep them under the status of paying the Jizya (dhimma contract). If they refuse to accept this status or declare a form of disbelief not accepted from resident non-believers, they should be sent to their place of asylum (Dar al-Harb). This secondary view is considered very remote because the foundling, unless the son of protected non-believers, is essentially found without treaty, belonging to the Muslim who found them and becoming Muslim by the Islam of the captor/finder. They cannot transition away from the religion of the People of the Book if their parents were such, nor if their parents were Muslim.