What is the disposition of the property of an apostate who joins the abode of war (Dar al-Harb)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If an apostate joins the abode of war, his wealth is held in abeyance. If he subsequently embraces Islam, the property is returned to him. If he dies while apostate, his wealth becomes spoils of war (fay'). This ruling is held by Malik and Al-Shafi'i. The scholars of Iraq equate his joining the abode of war to his death regarding the nullification of his ownership and the distribution of his wealth as if he had died. If the apostate returns to Islam, he is entitled to whatever of his original wealth remains, but he cannot reclaim anything his heirs consumed or destroyed unless they divided it without a judge's ruling.
Supporting text
Abu Bakr 'Abd al-'Aziz holds that upon apostasy, the apostate's ownership of his wealth ceases, and none of his transactions concerning it are valid. If he embraces Islam, his ownership is returned to him through a new conferment. Abu Yusuf holds that the ruling of his death, regarding the cessation of his property rights, only takes effect on the day his property becomes subject to dispute, not on the day he joins the abode of war.