keep in bondage and whose ownership he cannot retain, for Allah, Mighty and Majestic, says:
“Allah will never grant the disbelievers a way to prevail over the believers.” [al-Nisā': 141]
This is the position of Mālik and his companions. However, Ibn al-Qāsim's report from him in Ibn al-Mawwāz's book states that patronage is established for them. This is the more evident view, because the slave's conversion to Islam does not extinguish his master's ownership: he remains his slave and his property until a sale is enforced against the master. And Allah grants success.
Section
Patronage has already been discussed comprehensively. It is fitting to follow this with a discussion of inheritance shares, since al-Mudawwana contains only one incomplete inheritance case. I shall therefore present here a concise, clear, and sufficient summary, according to the school of Mālik and what has been reported from Zayd ibn Thābit, may Allah be pleased with him.
Section
The Grounds of Entitlement to Inheritance
Inheritance between free Muslims arises through one of three ties:
Established kinship;
A validly contracted marriage;
Or patronage arising from emancipation.
If the deceased has no heir through any of these ties, all Muslims inherit from him by virtue of their bond in Islam, for the believers are allies of one another. Allah, Mighty and Majestic, says:
“The believing men and believing women are allies of one another.” [al-Tawbah: 71]
All three ties may coincide: a man may be a woman's husband, her patron, and the son of her paternal uncle. Only two may coincide, as when he is her husband and patron, or her husband and the son of her paternal uncle. He then inherits in two capacities and, if he is the sole heir, receives the entire estate: half through marriage and half through kinship or patronage. Another example is when a woman is a man's daughter