Does the security for the property remain if the owner dies in the abode of war?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the owner dies in the abode of war, the property security transfers to his heir, and the security does not become void. This is because the security is a necessary right (*haqq laazim*) attached to the property, and when the right transfers to the heir, the security transfers with it, similar to cases involving pledges, guarantees, or pre-emption rights. This is the chosen position of al-Muzani.
Supporting text
Abu Hanifa and Al-Shafi'i hold that the security is voided because the property has passed to an heir for whom no direct security contract was made, similar to all other property. If the deceased belligerent has no heir, the property becomes spoils (*fay'*) for the public treasury (Bayt al-Mal).