It is possible that he be judged a Muslim, giving precedence to Islam, and it is possible that he be judged a disbeliever, giving precedence to the [nature of the] land and the majority. This entire elaboration is the school of thought of Al-Shafi'i. Ibn al-Mundhir said: The commonality of the scholars have reached a consensus that if a child is found in the lands of the Muslims, dead in any place he is found, then his washing and burial in the Muslim cemeteries is mandatory. They have forbidden the burial of the children of polytheists in the Muslim cemeteries. He said: And if a foundling is found in a village in which there is none but a polytheist, then he is, according to the outward appearance of what they ruled, a disbeliever. This is the position of the companions of Al-Shafi'i and the companions of opinion (Ashab al-Ra'y).

Section: In the location where we have ruled him a Muslim, this is established only apparently, not with certainty; for it is possible he is the child of a disbeliever. If a disbeliever produces evidence that he is his child, born on his bed, we shall rule in his favor regarding him. When the foundling reaches the age at which his Islam and apostasy become valid, and he describes Islam, then he is a Muslim, whether he was one of those judged a Muslim or a disbeliever. If he describes disbelief, and he is one of those judged a Muslim, then he is an apostate who shall not be confirmed in his disbelief. Abu Hanifa held this view. The Qadi mentioned a view that he is confirmed in his disbelief, which is the explicitly stated position of Al-Shafi'i; because his own statement is stronger than the outward appearance of the land. This is a dark (i.e., weak) position, because the evidence for Islam was found devoid of any counter-argument; its ruling was established and settled, so it is not permissible to annul its ruling by his statement, just as if he were the son of a Muslim. His statement has no evidential value at all, for he does not know at the time who his father was, nor what his religion was; he is merely saying this of his own accord. According to this, if he reaches puberty, he is requested to repent three times; if he repents, [he is spared], otherwise he is killed. As for their view, the Qadi said: If he describes disbelief, his people are confirmed upon it via the jizya, and a covenant of protection (dhimma) is concluded for him. If he refuses to commit to it, or describes a form of disbelief for which his people are not confirmed, he is sent to his place of safety. This is very far-fetched; for this foundling must be either the son of a pagan warrior, in which case he is in the hands of the Muslims without a pledge or contract, so he belongs to his finder and becomes a Muslim upon the Islam of his captor; or he is the son of two dhimmi parents, or one of them is a dhimmi, in which case he is not confirmed in transitioning to a religion other than that of the People of the Book; or he is the son of a Muslim or two Muslim parents, in which case he is