What is the legal status of minor children whose parents both apostatize?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If both parents apostatize and they have minor children, the children do not follow them in their apostasy, they do not inherit anything from the apostate parents, and it is not permissible to enslave the children. This holds true whether the parents join the Dar al-Harb or remain in the Dar al-Islam. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa and his companions hold that if the parents join the Dar al-Harb, the children who join them become apostates and are subject to enslavement (slavery). Those who do not join the Dar al-Harb remain under the ruling of Islam.