The status of a person of unknown lineage
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Fatwa No. ( 21145 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after that, the Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency the Acting Undersecretary of the Ministry of Labor and Social Affairs, bearing number (8351) and dated 16/3/1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (2444) and dated 25/4/1420 AH. His Excellency asked a question, the text of which is as follows: (You know, may Allah preserve you, that this Ministry is concerned with providing institutional and social care services for those with special circumstances, namely those born to unknown parents or born out of wedlock. This care begins with choosing appropriate names for them, in accordance with the names commonly used in the society around them, as one of their legal rights. And since the work was being done based on a previous fatwa from His Eminence the former Mufti, may Allah have mercy on him, which stipulated that the second and third names should be from names that are acts of worship to Allah, however, this, with the actual application over many years, has caused us difficulty due to the similarity of names, such that some of them are thought to have a close kinship with one another. And whenever those concerned tried to choose names to avoid this, they fell into another difficulty as a result of the necessity to use names that are acts of worship but not commonly used in Saudi society. This has led some of those named according to this rule to complain about their names, and they emphasize that they have become a mark indicating their social status in schools, hospitals, summer centers, and elsewhere. And since the fatwa of His Eminence the former Mufti was intended to comfort their souls, as he said in it, may Allah have mercy on him—and because names that are not acts of worship, if not accompanied by the definite article (al), remain consistent with the rule sought by the fatwa that these names should have no connection to anyone, and to remove the severe difficulty suffered by these innocent people, in addition to their greater suffering from their social status, and because bringing joy and happiness to them and removing the difficulty from them is obligatory upon us, and what is necessary for the completion of an obligation is itself obligatory, as you know, Your Eminence, you may see fit to permit, may Allah guide you, not requiring names that are acts of worship for the aforementioned reasons, and leaving the field open to choose four-part names that are consistent with the names
The previous Mufti (may Allah have mercy on him), which stipulates that the second and third names be among the names that worship Allah, however, this, along with the actual application over many years, has caused us difficulty due to the similarity of names, such that some people assume there is a kinship connection between them. And when those concerned tried to avoid this by choosing names, they fell into another difficulty as a result of having to use names that worship Allah but are not common in Saudi society. This has led some of those who were named according to this rule to cry out in complaint about their names, asserting that they have become a mark indicating their social status in schools, hospitals, summer centers, and elsewhere. Since the fatwa of His Eminence the previous Mufti was intended to console their souls, as he (may Allah have mercy on him) said in it—and because non-worship names, if not accompanied by the definite article (al), remain consistent with the rule sought by the fatwa that these names have no connection to anyone, and to remove the severe difficulty these innocent people suffer, in addition to their greater suffering from their social status, and because bringing them joy and happiness and removing the difficulty from them is obligatory upon us, and what is necessary for the completion of an obligation is itself obligatory, as you know, Your Eminence, you may see fit to permit, may Allah guide you, not requiring names that worship Allah for the aforementioned reasons, and leaving the field open to choose four-part names that are consistent with the names
common in Saudi society. We also wish to seek a fatwa on the possibility of including this category in the directives of His Royal Highness the Crown Prince, issued by his order number (385/7) dated 21/9/1418 AH, which emphasizes the obligation to write names and add the word (ibn) or (Al) to names in all correspondence and in schools, since exempting them from this rule exposes them to publicizing their social status. As for the final inquiry, it revolves around the possibility of changing the names of two children who were taken in by one of the foster families, and breastfeeding took place between them in the family, so they became brothers through breastfeeding, and the foster mother wishes for the three names following each of their names to be identical, and in this procedure lies an advanced stage of consoling their souls and alleviating their suffering. I also wish to inform Your Eminence that a previous meeting took place a few days before the passing of His Eminence the Shaykh Abdul Aziz ibn Baz , in which the virtuous Dr. Saleh al-Wunayan , a professor at Imam Muhammad ibn Saud Islamic University in Qassim , presented to His Eminence what was mentioned regarding the harms resulting from requiring names that worship Allah, as stated in His Eminence's aforementioned fatwa, so he answered after discussion: that this fatwa can be amended if we write to him again. The letter was prepared, but
the decree of Allah prevented its delivery to His Eminence the Shaykh (may Allah have mercy on him). May Allah write for you through your hand what raises your ranks and elevates your stations.
After the Committee's study of the inquiry, it answered as follows: 1 - Among the gates of excellence in the Shari'ah of Islam is the guardianship of a foundling of unknown lineage, and doing good to him by taking responsibility for him, raising him with a good Islamic upbringing, and teaching him the obligatory acts of religion, the etiquettes of the Shari'ah and its rulings. In this lies a great reward and abundant recompense, and it falls under the reward associated with taking responsibility for an orphan; due to the generality of the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 5304 It is agreed upon as authentic. 2 - Among the legal rights of a newborn of unknown lineage - such as a child born out of wedlock - is that a name be given to him by which he is called, and it is required that this name be an Islamic name, not conflicting with the rulings of naming in the pure Shari'ah. 3 - It is permissible to give him a father's name such as: Abdullah and the like of names that worship Allah the Exalted, and other names such as: Hasan, and Khalid, and the like of
names that do not conflict with the rulings of naming in the pure Shari'ah. 4 - It is not permissible to attribute a person of unknown lineage to a tribe or family; because in that there is lying, misleading, and deceiving people, and the resulting mixing of lineages. Nor is this attribution permissible from the person of unknown lineage himself. It was narrated from Abu Dharr (may Allah be pleased with him) that he heard the Messenger of Allah (peace and blessings be upon him) say:Sahih al-Bukhari 3508 Narrated by Muslim, and al-Bukhari added in his narration: Sahih al-Bukhari 3508 . 5 - It is not permissible to adopt a person of unknown lineage, such as a child born out of wedlock; due to the saying of Allah the Exalted: [Al-Ahzab 33:4] , and His saying, Mighty and Majestic: [Al-Ahzab 33:5] the verse. Therefore, it is not permissible to attribute a foundling to his guardian, whether male or female, for it is among the forbidden things and the major sins. And what occurs when some guardians of persons of unknown lineage register them in their hearts and family cards is a pure error, outright forgery, and transgression of the limits of Allah, and lying to the officials of the state with what
is contrary to reality, and this registration and affiliation does not establish lineage or inheritance from the one to whom he is attributed. And whoever does it must repent to Allah the Exalted and correct that registration by canceling it. 6 - There is no harm in providing persons of unknown lineage with a card in which a three-part name is given to him, a father's name, and the connection between them is written with the word (ibn), and a fame like the attribution to the town where he was found; because of the consolation for their souls in that. 7 - Whoever takes guardianship of more than one child of unknown lineage, it is not permissible to unify the name following each of their names, to mislead about brotherhood between them in lineage, and in that there are legal precautions regarding deceiving people, and effects in lineage and inheritance that magnify its harm and increase its danger. 8 - It is obligatory that the guardian of a person of unknown lineage knows that after he reaches the age of maturity, the ward is a stranger to him like the rest of people; in terms of looking, seclusion, and hijab between men and women, and other such rulings. 9 - If there is breastfeeding that is a legal prohibition for the ward, then he becomes a mahram to the one who breastfed him, her daughters, and her sisters, and the like of what is prohibited by lineage. 10 - It is not permissible for the guardian to hide from the person of unknown lineage he has taken in his condition, but the obligatory thing is to inform him of it, and to alleviate his grief, and that he is neither first nor last, and that this does not harm him religiously, if he is upright upon the religion of
Allah, Glorified and Exalted is He. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after that, the Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency the Acting Undersecretary of the Ministry of Labor and Social Affairs, bearing number (8351) and dated 16/3/1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (2444) and dated 25/4/1420 AH. His Excellency asked a question, the text of which is as follows: (You know, may Allah preserve you, that this Ministry is concerned with providing institutional and social care services for those with special circumstances, namely those born to unknown parents or born out of wedlock. This care begins with choosing appropriate names for them, in accordance with the names commonly used in the society around them, as one of their legal rights. And since the work was being done based on a previous fatwa from His Eminence the former Mufti, may Allah have mercy on him, which stipulated that the second and third names should be from names that are acts of worship to Allah, however, this, with the actual application over many years, has caused us difficulty due to the similarity of names, such that some of them are thought to have a close kinship with one another. And whenever those concerned tried to choose names to avoid this, they fell into another difficulty as a result of the necessity to use names that are acts of worship but not commonly used in Saudi society. This has led some of those named according to this rule to complain about their names, and they emphasize that they have become a mark indicating their social status in schools, hospitals, summer centers, and elsewhere. And since the fatwa of His Eminence the former Mufti was intended to comfort their souls, as he said in it, may Allah have mercy on him—and because names that are not acts of worship, if not accompanied by the definite article (al), remain consistent with the rule sought by the fatwa that these names should have no connection to anyone, and to remove the severe difficulty suffered by these innocent people, in addition to their greater suffering from their social status, and because bringing joy and happiness to them and removing the difficulty from them is obligatory upon us, and what is necessary for the completion of an obligation is itself obligatory, as you know, Your Eminence, you may see fit to permit, may Allah guide you, not requiring names that are acts of worship for the aforementioned reasons, and leaving the field open to choose four-part names that are consistent with the names
The previous Mufti (may Allah have mercy on him), which stipulates that the second and third names be among the names that worship Allah, however, this, along with the actual application over many years, has caused us difficulty due to the similarity of names, such that some people assume there is a kinship connection between them. And when those concerned tried to avoid this by choosing names, they fell into another difficulty as a result of having to use names that worship Allah but are not common in Saudi society. This has led some of those who were named according to this rule to cry out in complaint about their names, asserting that they have become a mark indicating their social status in schools, hospitals, summer centers, and elsewhere. Since the fatwa of His Eminence the previous Mufti was intended to console their souls, as he (may Allah have mercy on him) said in it—and because non-worship names, if not accompanied by the definite article (al), remain consistent with the rule sought by the fatwa that these names have no connection to anyone, and to remove the severe difficulty these innocent people suffer, in addition to their greater suffering from their social status, and because bringing them joy and happiness and removing the difficulty from them is obligatory upon us, and what is necessary for the completion of an obligation is itself obligatory, as you know, Your Eminence, you may see fit to permit, may Allah guide you, not requiring names that worship Allah for the aforementioned reasons, and leaving the field open to choose four-part names that are consistent with the names
common in Saudi society. We also wish to seek a fatwa on the possibility of including this category in the directives of His Royal Highness the Crown Prince, issued by his order number (385/7) dated 21/9/1418 AH, which emphasizes the obligation to write names and add the word (ibn) or (Al) to names in all correspondence and in schools, since exempting them from this rule exposes them to publicizing their social status. As for the final inquiry, it revolves around the possibility of changing the names of two children who were taken in by one of the foster families, and breastfeeding took place between them in the family, so they became brothers through breastfeeding, and the foster mother wishes for the three names following each of their names to be identical, and in this procedure lies an advanced stage of consoling their souls and alleviating their suffering. I also wish to inform Your Eminence that a previous meeting took place a few days before the passing of His Eminence the Shaykh Abdul Aziz ibn Baz , in which the virtuous Dr. Saleh al-Wunayan , a professor at Imam Muhammad ibn Saud Islamic University in Qassim , presented to His Eminence what was mentioned regarding the harms resulting from requiring names that worship Allah, as stated in His Eminence's aforementioned fatwa, so he answered after discussion: that this fatwa can be amended if we write to him again. The letter was prepared, but
the decree of Allah prevented its delivery to His Eminence the Shaykh (may Allah have mercy on him). May Allah write for you through your hand what raises your ranks and elevates your stations.
After the Committee's study of the inquiry, it answered as follows: 1 - Among the gates of excellence in the Shari'ah of Islam is the guardianship of a foundling of unknown lineage, and doing good to him by taking responsibility for him, raising him with a good Islamic upbringing, and teaching him the obligatory acts of religion, the etiquettes of the Shari'ah and its rulings. In this lies a great reward and abundant recompense, and it falls under the reward associated with taking responsibility for an orphan; due to the generality of the saying of the Prophet (peace and blessings be upon him):
I and the one who looks after an orphan will be like this in Paradise," showing his middle and index fingers and separating them.
أنا وكافل اليتيم في الجنة هكذا وأشار بالسبابة والوسطى وفرج بينهما شيئًاnames that do not conflict with the rulings of naming in the pure Shari'ah. 4 - It is not permissible to attribute a person of unknown lineage to a tribe or family; because in that there is lying, misleading, and deceiving people, and the resulting mixing of lineages. Nor is this attribution permissible from the person of unknown lineage himself. It was narrated from Abu Dharr (may Allah be pleased with him) that he heard the Messenger of Allah (peace and blessings be upon him) say:
If somebody claims to be the son of any other than his real father knowingly, he but disbelieves in Allah
ليس من رجل ادعى لغير أبيه وهو يعلم إلا كفرand if somebody claims to belong to some folk to whom he does not belong, let such a person take his place in the (Hell) Fire.
ومن ادعى قومًا ليس له فيهم نسب فليتبوأ مقعده من النارAnd he has not made your adopted sons your [true] sons
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْCall them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion and those entrusted to you
ادْعُوهُمْ لآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْis contrary to reality, and this registration and affiliation does not establish lineage or inheritance from the one to whom he is attributed. And whoever does it must repent to Allah the Exalted and correct that registration by canceling it. 6 - There is no harm in providing persons of unknown lineage with a card in which a three-part name is given to him, a father's name, and the connection between them is written with the word (ibn), and a fame like the attribution to the town where he was found; because of the consolation for their souls in that. 7 - Whoever takes guardianship of more than one child of unknown lineage, it is not permissible to unify the name following each of their names, to mislead about brotherhood between them in lineage, and in that there are legal precautions regarding deceiving people, and effects in lineage and inheritance that magnify its harm and increase its danger. 8 - It is obligatory that the guardian of a person of unknown lineage knows that after he reaches the age of maturity, the ward is a stranger to him like the rest of people; in terms of looking, seclusion, and hijab between men and women, and other such rulings. 9 - If there is breastfeeding that is a legal prohibition for the ward, then he becomes a mahram to the one who breastfed him, her daughters, and her sisters, and the like of what is prohibited by lineage. 10 - It is not permissible for the guardian to hide from the person of unknown lineage he has taken in his condition, but the obligatory thing is to inform him of it, and to alleviate his grief, and that he is neither first nor last, and that this does not harm him religiously, if he is upright upon the religion of
Allah, Glorified and Exalted is He. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.