The child follows his father in lineage
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The ninth question from fatwa number ( 2387 )
Q 9: It was said: The child follows his father in lineage and follows his mother in freedom and slavery. Then I saw in the book (The Researcher's Provision on the Rulings of Inheritance) by Shaykh 'Abd al-'Aziz ibn Nasser al-Rashid, that the child follows the better of his parents in religion and loyalty. This indicates that if the child dies before the age of accountability, he follows his father if he is Muslim, and the funeral prayer is performed over him even if his mother is not Muslim. Or he follows his mother if she is Muslim, and the funeral prayer is performed over him even if his father is not Muslim, as I understood it. If this is the case, what are the proofs from the Book and the Sunnah for these three aspects?
Vol. 9: The mentioned dependency manifests its effects in worldly rulings, such as inheritance or its absence, and the funeral prayer for a child who died before the age of accountability, as well as washing and burying him in Muslim cemeteries or not doing so. There is no contradiction between the first statement and the statement of His Eminence Shaykh 'Abd al-'Aziz
ibn Nasser al-Rashid in his book (The Researcher's Provision), which states: "The child follows his mother in freedom and slavery, follows the better of his parents in religion, and follows his father in loyalty and lineage." Your understanding that the child follows the Muslim one, whether father or mother, so that he is washed, the funeral prayer is performed over him, and he is buried in Muslim cemeteries even if the other party is a disbeliever, is correct. This is to give precedence to the side of Islam, because the child is born on the fitrah of Islam. As Allah the Exalted said:[Ar-Rum 30:30] And as the Messenger of Allah (peace and blessings be upon him) said: Sahih al-Bukhari 1385 ... the hadith. As for his following his father in lineage and his mother in freedom and slavery
its proof is the practical consensus from generation to generation, and the generality of the saying of Allah the Exalted: And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 9: It was said: The child follows his father in lineage and follows his mother in freedom and slavery. Then I saw in the book (The Researcher's Provision on the Rulings of Inheritance) by Shaykh 'Abd al-'Aziz ibn Nasser al-Rashid, that the child follows the better of his parents in religion and loyalty. This indicates that if the child dies before the age of accountability, he follows his father if he is Muslim, and the funeral prayer is performed over him even if his mother is not Muslim. Or he follows his mother if she is Muslim, and the funeral prayer is performed over him even if his father is not Muslim, as I understood it. If this is the case, what are the proofs from the Book and the Sunnah for these three aspects?
Vol. 9: The mentioned dependency manifests its effects in worldly rulings, such as inheritance or its absence, and the funeral prayer for a child who died before the age of accountability, as well as washing and burying him in Muslim cemeteries or not doing so. There is no contradiction between the first statement and the statement of His Eminence Shaykh 'Abd al-'Aziz
ibn Nasser al-Rashid in his book (The Researcher's Provision), which states: "The child follows his mother in freedom and slavery, follows the better of his parents in religion, and follows his father in loyalty and lineage." Your understanding that the child follows the Muslim one, whether father or mother, so that he is washed, the funeral prayer is performed over him, and he is buried in Muslim cemeteries even if the other party is a disbeliever, is correct. This is to give precedence to the side of Islam, because the child is born on the fitrah of Islam. As Allah the Exalted said:
So direct your face toward the religion, inclining to truth. [Adhere to] the fitrah of Allah upon which He has created [all] people
فَأَقِمْ وَجْهَكَ لِلدِّينِ حَنِيفًا فِطْرَةَ اللَّهِ الَّتِي فَطَرَ النَّاسَ عَلَيْهَاEvery child is born with a true faith of Islam
كل مولود يولد على الفطرةits proof is the practical consensus from generation to generation, and the generality of the saying of Allah the Exalted:
Call them by their fathers
ادْعُوهُمْ لآبَائِهِمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.