A Muslim man passed away and his brother, being a Buddhist, cremated his body and buried the ashes in a Buddhist cemetery

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Q: A Muslim man passed away and his brother, being a Buddhist, cremated his body and buried the ashes in a Buddhist cemetery. Some scholars in Sri Lanka said that no funeral prayer is to be offered for a person who was not washed before burial. It has been six months since the death of this man and the funeral prayer has not been yet been offered for him. What are we to do? Please inform us with evidence.

A: A disbeliever is not legally responsible for a Muslim either, during the latter's lifetime or after their death. The funeral of a Muslim is to be undertaken by Muslims, and thus the funeral conducted for this Muslim man is unlawful because it is impermissible for the Muslims to allow that Buddhist to handle the funeral rites of the Muslim man. If it is possible, his remains are to be exhumed and moved to a Muslim cemetery. This is obligatory because (Part No. 7; Page No. 333) it is impermissible to bury Muslims in a cemetery of disbelievers and vice-versa. If there is no cemetery for Muslims, then his remains are to be buried in any place where his grave cannot be tampered with. As for performing (funeral) prayer over him, the time has elapsed.May Allah grant us success. May peace be upon our Prophet Muhammad, his family, and Companions!