What is the religious status of a non-Muslim child captured with only one of their parents?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a non-Muslim child is captured with only one parent, the ruling is that the child is a Muslim, according to Al-Awza'i. The basis for this is the Prophet's statement: 'Every newborn is born upon the *fitra* (natural disposition), and their parents make them Jewish, or Christian, or Zoroastrian.' The implication is that the child does not follow just one parent, as the ruling is conditioned upon both. Furthermore, since the child follows the captor when captured alone, the child follows the captor when captured with one parent, analogous to the ruling if one parent accepts Islam while the other does not.
Supporting text
Abu Hanifa and Al-Shafi'i hold that the child follows the father in disbelief because the child was not separated from either parent. Malik states the child follows the father in religion just as in lineage, but follows the mother's status (Islam) if captured with her, because the child does not follow the mother in lineage, thus not in religion.