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I would like to ask one of my family member was divorced and remarried again, She had a daughter whao was only 10months when she was remarried. Her husband and his...

Fatwa 18016English
Misc. Fiqh

Question

I would like to ask one of my family member was divorced and remarried again, She had a daughter whao was only 10months when she was remarried. Her husband and his family treats her daughter like his own. the daughter does not know about moms previous marriage and she thinks this father is her own father and now the daughter is getting married and in her nikkah can we use the fahters name who adopted her rather than her real father since she does not know about him and have never seen him.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Islam emphasises the importance of a person linking his lineage to his biological father. Many narrations have warned against a person attributing himself to someone other than his father. The Noble Quran is clear that a person should not attribute his adopted child to himself. Rather he should keep the lineage of the child to his real father. Allah Ta’ala mentions in the Noble Quran:

Call them by (the name of) their (real) fathers; It is more equitable in the sight of Allah. And if you do not know their fathers, then they are your brothers in faith and your friends. There is no sin on you in the mistake you make, but in that which you do with intention of your heart; and Allah is Most-Forgiving, Very-Merciful. [33:5]

Nabi صلى الله عليه وسلم mentioned:

One of the biggest fabrications is that a person links himself to someone other than his father. (Bukhari)

Paradise is impermissible upon the person who knowingly links himself to someone other than his father. (Bukhari)

Therefore, it is important to inform the child of her real father. It is obvious that this is a sensitive issue with major psychological implications. It therefore has to be conducted with the sensitivity and diplomacy it deserves.

And Allah knows best

Wassalamu Alaikum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

References (Arabic / Urdu sources)

ادعوهم لآبائهم هو أقسط عند الله فإن لم تعلموا آباءهم فإخوانكم في الدين ومواليكم وليس عليكم جناح فيما أخطأتم به ولكن ما تعمدت قلوبكم وكان الله غفورا رحيما (احزاب 5)

واثلة بن الأسقع يقول : قال رسول الله صلى الله عليه و سلم ( إن من أعظم الفرى أن يدعي الرجل إلى غير أبيه )صحيح البخاري(

أبا عثمان قال سمعت سعدا وهو أول من رمى بسهم في سبيل الله وأبا بكرة وكان تسور حصن الطائف في أناس فجاء النبي صلى الله عليه و سلم فقالا : سمعنا النبي صلى الله عليه و سلم يقول ( من ادعى إلى غير أبيه وهو يعلم فالجنة عليه حرام ) )صحيح البخاري(

Answered by
Ml. Ishaq E. Moosa
Checked & approved by
Mufti Ebrahim Desai
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