What is the ruling on a Muslim claiming descent from someone other than his father, such as a wife adopting her husband's family name?
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The Shaykh : The question here—and it is the last one, if Allah wills, for tonight—is: What is the ruling on a Muslim claiming descent from someone other than his father? We mean by this a wife adopting her husband's family name and discarding her father's family name?
Naturally, such a claim of descent is not permissible for two reasons. The first reason—and it is the clearest—is that this is a European practice. The second reason—and it is the stronger one—is that the Messenger (peace be upon him) said:, and in another narration: Sunan Ibn Majah 2609Sahih (Darussalam), and the like. It is authentic. Perhaps someone will say that this claim of descent does not mean disavowing the father. But I say: this is like verbal disbelief and disbelief in the heart. Disbelief in the heart is apostasy, while verbal disbelief is a sin. So if you, O Muslim, know that it is not permissible in the Shari'ah for a Muslim to claim descent from someone other than his father, even if you do not mean to disavow your father, you should not do so. Especially since the first argument I started with applies: that this method of claiming descent is the method of the disbelievers whom Allah (Mighty and Majestic) described in the Qur'an as those who do not forbid what Allah and His Messenger have forbidden.
The questioner : ... .
The Shaykh : He said: "The one who does not want to see distressing dreams should not sleep between the graves." What did this country take from that?
The questioner : It is from there.
The Shaykh: How?
The questioner : The Jordanian system.
The Shaykh : Is the Jordanian system like this now?
The questioner: Yes.
The Shaykh : Strange!
The questioner : The wife...
The Shaykh : Is this new?
The questioner: Yes.
The questioner : No, this is old, an old system. They put her under her father's name, but now it happens like so-and-so taking her husband's name.
Eid Abbasi : Her husband's family.
The Shaykh : This is the first time I have heard of it. In any case, this is not permissible, and unfortunately, this is not the first violation of the Islamic Shari'ah.
The questioner : ... .
Another questioner : In the case where her father is a disbeliever?
The Shaykh : Your question, my brother, has a known ruling. If one is in dire necessity, dire necessity permits the prohibited. But we are speaking of the Islamic methodology that Muslims, and Muslim rulers, should follow.
Naturally, such a claim of descent is not permissible for two reasons. The first reason—and it is the clearest—is that this is a European practice. The second reason—and it is the stronger one—is that the Messenger (peace be upon him) said:
It is disbelief for a man to claim descent from someone other than his father
كفر بامرئ انتسابٌ إلى غير أبيهIt was narrated from Ibn Abbas that the Messenger of Allah (ﷺ) said: “Whoever claims to belong to someone other than his father
مَن انتسب إلى غير أبيه فقد كفرThe questioner : ... .
The Shaykh : He said: "The one who does not want to see distressing dreams should not sleep between the graves." What did this country take from that?
The questioner : It is from there.
The Shaykh: How?
The questioner : The Jordanian system.
The Shaykh : Is the Jordanian system like this now?
The questioner: Yes.
The Shaykh : Strange!
The questioner : The wife...
The Shaykh : Is this new?
The questioner: Yes.
The questioner : No, this is old, an old system. They put her under her father's name, but now it happens like so-and-so taking her husband's name.
Eid Abbasi : Her husband's family.
The Shaykh : This is the first time I have heard of it. In any case, this is not permissible, and unfortunately, this is not the first violation of the Islamic Shari'ah.
The questioner : ... .
Another questioner : In the case where her father is a disbeliever?
The Shaykh : Your question, my brother, has a known ruling. If one is in dire necessity, dire necessity permits the prohibited. But we are speaking of the Islamic methodology that Muslims, and Muslim rulers, should follow.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.