Q 9: It is said that
a newborn baby belongs to his father in terms of lineage,
and to his mother in terms of slavery and freedom. In the book entitled `Idat Al-bahith fi Ahkam Al-Tawaroth by Shaykh 'Abdul-'Aziz ibn Naser Al-Rashid, I read that the son inherits the religion and Wala' (manumitter's right of inheritance from their freed bondsman) of the better parent. This is shown, according to my understanding, by the case where the child who dies before attaining the age of discretion belongs to his father if the latter is Muslim. The funeral prayer is performed on the dead boy even if his mother is not Muslim. He belongs to his mother if she is Muslim, and the funeral prayer is performed on the dead boy even if his father is not Muslim. If so, what are the proofs from the Qur'an and Sunnah that support these three aspects?
A:
The said aspects of a child's belonging to the parents are applicable to the worldly rulings including inheritance, funeral prayer rights of a Muslim child who dies before attaining the age of discretion, and washing and burying the deceased in a Muslim graveyard. The first part of the question does not contradict with the statement of Shaykh 'Abdul-'Aziz (Part No. 20; Page No. 342) ibn Naser Al-Rashid in his book `Idat Al-bahith fi Ahkam Al-Tawaroth, which reads: "The son belongs to his mother in terms of slavery and freedom, and inherits the religion of the better parent. He also inherits the lineage and Wala' of his father." You are correct regarding the son belonging to the Muslim parent, even if the other parent is non-Muslim. Islam takes precedence over anything else. The son is treated as a Muslim, and consequently washed, given funeral prayer rights, and buried in a Muslim graveyard. This is based on the principle that the child is born in a state of Islamic Fitrah (natural disposition). Allah (Glorified be He) states:
So set you (O Muhammad صلى الله عليه وسلم) your face towards the religion (of pure Islâmic Monotheism) Hanîf (worship none but Allâh Alone). Allâh’s Fitrah (i.e. Allâh’s Islâmic Monotheism) with which He has created mankind.
The Messenger of Allah (peace be upon him) also stated:
Every new-born child is born in a state of fitrah...
The proof supporting that the son inherits the lineage of his father and belongs to his mother in terms of slavery and freedom (Part No. 20; Page No. 343) is deducted from the general application of this throughout the generations, and the comprehensive meaning of Allah's Statement:
Call them (adopted sons) by (the names of) their fathers
May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions.