The fact that a woman bears the name of her husband | The official website of Sheikh Muhammad Ali FERKUS
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Saturday 23 Dhu Al-Hijjah 1440 H - August 24, 2019 G



Fatwa: 555

Category: fatwas about woman

The fact that a woman bears the name of her husband

The question:

Is it religiously obligatory for the woman to bear the name of her husband or could she keep her original name?

The answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

It is not permissible to attribute someone to other origin than his or to other than his father. In fact, Islam forbids absolutely that a father denies his child without a due right, and there is a consensus upon this opinion among the scholars, in accordance with Allah’s عزَّ وجلَّ saying:

﴿ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللهُ غَفُورًا رَحِيمًا﴾ [الأحزاب: 5].

The meaning of the verse:

Call them (adopted sons) by (the names of) their fathers, that is more just with Allâh. But if you know not their father's (names, call them) your brothers in faith and Mawâlîkum (your freed slaves). And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allâh is Ever Oft­Forgiving, Most Merciful.﴿ [Al-Ahzâb (The Confederates): 5].

And the saying of the Prophet صلَّى الله عليه وسلَّم: “Whoever claims to belong to other than his (real) father or takes others as his allies, let him incur the curse of Allah, the angels and all the people, and neither obligatory nor supererogatory deeds would be accepted from him”(1), and in another narration: “Whoever claims to belong to somebody other than his (real) father, and he knows that he is not his (real) father, will be forbidden to enter into paradise”(2).

Furthermore, if it is not permissible to say: such one is the daughter of such one, though she is not his daughter, it is however permissible to say: such one the wife of such one, the woman under the protection of such one or the representative of such one, if these attributes are not mentioned but they are known and usual, then “What is admitted in usage is admitted in the sharia”.

The perfect knowledge belongs to Allah عزَّ وجلَّ. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.

 

Algiers, Shawwâl 19th, 1426H.
Corresponding to: November 21st , 2005.



(1) Reported by Muslim, chapter of “Hajj” (hadith 3327), by At-Tirmidhi, chapter of “Alliance and donation”, concerning what is reported about whoever claims to belong to other than his masters (hadith 2127) and Ahmad (hadith 616), on the authority of `Ali Ibn Abi Tâlib رضي الله عنه.

(2) Reported by Al-Bukhâri, chapter of “Battles”, concerning the battle of At-Tâ'if (hadith 3982), by Muslim, chapter of “Faith” (hadith 220), by Abu Dâwûd, chapter of “Good manners”, concerning the man who claims to belong to other than his masters (hadith 5113), by Ibn Mâjah, chapter of “Punishments”, concerning whoever claims to belong to other than his father or masters (hadith 2610), by Ibn Hibbân (hadith 415), by Ad-Dârimi (2453), by Ahmad (hadith 1500), on the authority of Sa`d Ibn Abi Waqqâs رضي الله عنه.