By Haider Hobbollah  

Translated by Sadiq Meghjee (UK)

Many Imāmi jurists are of the opinion that it is not allowed for an illegitimate child to lead congregational prayer or anything else that is of a congregational nature, such as Friday prayers. This is because one of the conditions of leading congregational prayers is that a person is of legitimate birth and not born out of wedlock. As for the Sunnis, they have split into those who believe it is detested, however if a person of illegitimate birth puts himself forward to pray it is permissible to pray behind him, others have said it is detestable for him to be a permanent leader of prayer and others have said it is completely fine to pray behind them. The last opinion in particular is the conclusion arrived at by numerous scholars from the Hanbali school, and it has also been attributed to numerous jurists from the tābi’īn and their followers.

The Sunni scholars based their verdict of detestability on legal concepts and principles, as did Shi’ī scholars who based their verdict on the traditions as well as the legal maxim of ‘lack of legitimacy’ (‘adm al-mashrū’iyya) when considering the absence of any unconditional conditions in the evidences of those who are allowed to lead prayer (‘adm wujūd al-itlāq fi adillat al-jamā’a). Muhaqqiq Isfahāni (d. 1361) contested this claim via the traditions and was not convinced with the mainstream ruling, yet despite this he issued a verdict of caution on this matter.

As for what I have arrived to in my limited understanding is that the condition of legitimate birth for the person leading prayer is not established. So it is possible for someone born out of wedlock to lead prayers just as it is possible for others to follow him.

To read more on the jurisprudence of the person born out of wedlock, please refer to the article Walad al-Zinā fī al-Fiqh al-Islamī in my book Dirasāt fi al-Fiqh al-Islamī al-Mu’āsir, v. 5, p. 315-388.

Haidar Hobbollah, Friday, 10^th September 2021