Is it permissible or not to perform the Janaazah Salaah (Namaaz) & Burial of an illegitimate child
Case 7
Is it permissible or not to perform the Janaazah Salaah of one who is born out of adultery, and to bury him in the cemetery of the Muslims? The mother of the child of adultery is an unbeliever (kaafirah) and his father is a Muslim.
The Ruling
If he is a Muslim, then to perform his Janaazah Namaaz is Fard, and it is indeed permissible to bury him in the cemetery of the Muslims, even though his mother or father, or both of them are unbelievers. The Hadith pertaining to this has already been mentioned in the answer to Case 3, and in this case, it is even more important to perform his Janaazah Salaah, because there is no fault of his, that he is the child of adultery. واللہ تعالیٰ اعلم
Hadith from Case 3
الصلوة واجبة عليكم على كل مسلم يموت برا كان او فاجراوان هو عمل الكبائر
‘The Janaazah Namaaz of every Muslim deceased is Fard upon you, be he pious or a sinner; and even if he committed Kaba’ir (major sins).’
References
Fatawa Africa, case 7, Imam Ahmad Rida Khan Qadri RadiyAllahu Anhu
[Translation]
Mufti Afthab Cassim Qadri Ridawi Noori