Rulings Concerning the Child of Zina

Question:
What is the ruling on placing an illegitimate child—that is, a child of zina—into the Muslim community? To whom is he attributed, and who is his guardian? Is he eligible to serve as a judge if he qualifies for it? Is he permitted to marry a Muslim woman? Where is he buried if he dies? Is the funeral prayer performed for him? In some societies, the child is killed at birth, so what is the ruling on one who does that?

Answer:
If the child of zina is from a Muslim mother, his ruling is the same as that of the children of Muslims. Muslims raise him and treat him well. He bears none of his mother’s sin, nor any of the sin of the one who committed zina with her: [Al-An'am: 164]. The burden is on them, not on him. He is a trust among the Muslims, and it is incumbent upon them to raise him with an Islamic upbringing and treat him well until he grows up. When he reaches puberty, his ruling is the same as that of the rest of the Muslims. The state must take charge of this matter and concern itself with it, so that it protects these children from being killed and from harm.
As for killing him after birth, or seeking to kill him at birth, this is a great abomination and is not permissible. One who does this commits two crimes: the crime of zina and the crime of killing without right. We seek refuge in Allah.
The obligatory course is that he not be killed, but rather preserved. He should be left in an Islamic nursery or entrusted to a Muslim woman who takes care of him, nurses him, treats him well, and raises him. He should be educated alongside the children of Muslims in Muslim lands and directed toward good. When he becomes upright, reaches puberty, and is characterized by the morals of the righteous, it is valid for him to be a caller to Allah, a judge, a ruler, or a husband to any Muslim woman who is his equal. He bears no sin; the sin is on others. What is required of him is to be upright when he reaches maturity; he must be upright in the command of Allah and beware of the prohibitions of Allah. When he is righteous in himself and upright in himself, his ruling is the same as that of the rest of the Muslims: he has what they have, and he is obligated to what they are obligated to. If he dies young, he is buried in the Muslim cemeteries, as long as he is from a Muslim mother. He is buried in the Muslim cemeteries, washed, and the funeral prayer is performed for him like the rest of the children of Muslims. It is not permissible to neglect him or waste him. He is given appropriate names: Abdullah, Abdur-Rahman, Abd al-Malik, names that are suitable, Muhammad, Zayd. There is no harm in that. Muhammad, Zayd, any of the appropriate names. It is said: the son of Abdullah, attributed to Abdullah, to Abd al-Malik. All people are the servants of Allah.
The question: ... is he married to...?

Answer: He is married to Muslims. If the Muslim is righteous, his mother does not harm him, and the one who committed zina with her does not harm him.

Question: What if this person, meaning this child, died and he is unknown?

Answer: He is buried with the Muslims, and praise be to Allah, and Allah takes charge of his account.

Question: Does he serve as a judge, O Shaykh?

Answer: He serves as a judge and in other roles.