A non-Muslim woman married a Muslim she may have accepted Islam by formality but did not practice. On her death can Salaat Al-Janaazah be performed? Should she be buried Islam way? What is responsibility of Imaam reading Salaat Al-Janaazah? Some people say if Imaam read Salat Al-Janaazah his Nikaah becomes void? Is this true?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If this woman did not utter the Two Testimonies of Faith while being able to, or that she uttered them but did not believe in them and did not practise according to them, then she is not a Muslim. Accepting Islam and confirming that it is the True religion is not enough to render the person a Muslim. So, it is not permissible to pray the funeral prayer on her as Allaah Says (what means): {And never (O Muhammad ) pray for any of them who dies, nor stand on his grave. Certainly, they disbelieved in Allaah and His Messenger and died while they were disobedient.}[Quran 9:84]

Ibn Al-'Arabi said (while interpreting the above verse): "The verse is evidence that it is forbidden to pray on non-Muslims."

Besides, An-Nawawi said: "It is forbidden to pray on a non-Muslim or supplicate Allaah to forgive him according to this verse of Allaah and according to the consensus of the scholars ."

Furthermore, this woman should not be buried in a Muslim graveyard. One Hanbali scholar said: "It is not permissible to bury a Muslim in a non-Muslim graveyard and vice-versa."

Therefore, if she died while being pregnant from her Muslim husband, she should be buried in a separate place, neither in a Muslim graveyard nor in a non-Muslim graveyard. She should be buried in a way that her back faces the Qiblah so that the face of the foetus will be facing the Qiblah, because the foetus faces the back of his mother. This is the view of the Hanbali and Hanafi Schools, and the most correct opinion of the Shaafi'i School. However, other opinions say that she should be buried in a Muslim graveyard while some other views say that she should be buried in a non-Muslim graveyard.

Saying that 'if the Imaam prays on her his marriage becomes void' is not correct unless he considers that it is lawful to pray on her while he knows that she is not a Muslim and knows that it is forbidden to pray on her. That is because if one renders what is forbidden permissible, he becomes a non-Muslim, and in this way, his marriage contract with his Muslim wife becomes void.

Ibn Qudaamah said: "If a person believes that something is lawful while there is a consensus of the scholars that it is forbidden, and its ruling is widespread among the people that it is forbidden, and there is no doubt about it because of the texts that were revealed on its regard, like pork and adultery or fornication and other similar matters on which there is no difference of opinion, then he becomes a non-Muslim."

Allaah Knows best.