Giving the father's name to the uncle
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Fatwa number ( 3471 )
Q: My father, Muhda' ibn Hijhaj, took the name of his uncle, Nahir. This was during the time of King 'Abd al-'Aziz, and during the time of Nida' ibn Khalaf ibn Nahir ibn 'Ali, and also during the time of Prince Jabir ibn Nida', and also during the time of Prince 'Abd Allah ibn Nida', the current prince. We note that if Nahir had been alive, our women would not have had to veil themselves from him. This clan, which 'Ali gathers, is known as the Nahir clan; because he was the eldest of 'Ali's children, and he became famous by this name. 'Ali is the fifth-generation grandfather of Muhda'. 'Ali's five sons are as follows: Nahir, 'Awad, Khalif, 'Abd Allah, and Muqran. This clan is known by the name of Nahir. There are also people further removed who took this name. Legal documents, academic and professional certificates, and personal identity cards have been issued, following the names of the fathers and grandfathers. Is the uncle considered a father, as was the case with the Arabs, and as mentioned in some exegeses regarding the saying of Allah the Exalted:[Al-Baqarah 2:133]
to the end of the verse, as mentioned in His saying:[Ar-Ra'd 13:4]. Are these interpretations established? Just as the text of the documents, safeguards, and testimonies is difficult for us, as we clarify to Your Eminence that my grandfather, Muhdai 'Awad, is a brother to al-Nahir? Please rule for us, may Allah reward you, given our pressing need for this.
A: If the situation is as you described, where your father, Muhda', was named (Nahir) after his uncle who shares the fifth-generation grandfather with him, namely 'Ali, and that there is another distant group named Nahir, and that legal documents, academic and professional certificates, and personal identity cards have been issued, following the fathers and grandfathers in this, then there is no harm in the name and title remaining as it is, provided that the layers of your lineage are preserved to prevent confusion. As for giving the father's name to the uncle as a way of respect and honor, it is permissible, and this is what came in the Qur'an. However, he is not a father in terms of lineage, and he is not given the ruling of a father in lineage. Therefore, he does not block the grandfather from inheritance, nor does he block the brothers from it. He does not inherit one-sixth alongside a son, and he does not take charge of the marriage contract of his sister's daughter in the presence of the grandfather and the brother, among other distinctions between the father and the uncle. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father, Muhda' ibn Hijhaj, took the name of his uncle, Nahir. This was during the time of King 'Abd al-'Aziz, and during the time of Nida' ibn Khalaf ibn Nahir ibn 'Ali, and also during the time of Prince Jabir ibn Nida', and also during the time of Prince 'Abd Allah ibn Nida', the current prince. We note that if Nahir had been alive, our women would not have had to veil themselves from him. This clan, which 'Ali gathers, is known as the Nahir clan; because he was the eldest of 'Ali's children, and he became famous by this name. 'Ali is the fifth-generation grandfather of Muhda'. 'Ali's five sons are as follows: Nahir, 'Awad, Khalif, 'Abd Allah, and Muqran. This clan is known by the name of Nahir. There are also people further removed who took this name. Legal documents, academic and professional certificates, and personal identity cards have been issued, following the names of the fathers and grandfathers. Is the uncle considered a father, as was the case with the Arabs, and as mentioned in some exegeses regarding the saying of Allah the Exalted:
Or were you witnesses when death approached Jacob
أَمْ كُنْتُمْ شُهَدَاءَ إِذْ حَضَرَ يَعْقُوبَ الْمَوْتُto the end of the verse, as mentioned in His saying:
[growing] several from a root or otherwise
صِنْوَانٌ وَغَيْرُ صِنْوَانٍA: If the situation is as you described, where your father, Muhda', was named (Nahir) after his uncle who shares the fifth-generation grandfather with him, namely 'Ali, and that there is another distant group named Nahir, and that legal documents, academic and professional certificates, and personal identity cards have been issued, following the fathers and grandfathers in this, then there is no harm in the name and title remaining as it is, provided that the layers of your lineage are preserved to prevent confusion. As for giving the father's name to the uncle as a way of respect and honor, it is permissible, and this is what came in the Qur'an. However, he is not a father in terms of lineage, and he is not given the ruling of a father in lineage. Therefore, he does not block the grandfather from inheritance, nor does he block the brothers from it. He does not inherit one-sixth alongside a son, and he does not take charge of the marriage contract of his sister's daughter in the presence of the grandfather and the brother, among other distinctions between the father and the uncle. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.