His fiancée’s relatives insist that he changes his name into his father's name

6-10-2009 | IslamWeb

Question:

Dear Mufti sb, Allah has given you the a great task by helping the muslims all around the world, may Allah give you more strength and courage to keep the same cause going. 1. I was brought up by my Uncle (Meternal Uncle) as he was childless and my parents give me to them as to conceal their greif. My name and all documents were converted to my uncle's name, now i am an engineer working in GCC with my uncle name as my father name. All the educational, engineering certificates, passport, two residencies one of dubai and one for kuwait are based on this name. Now, the problem is i am engaged and my in-laws are asking me to change my name as this is not in the islamic norms. Dear Sir, if i change my name it will robe of all these things, i have to leave the current job, sit at home and arrange the things to change the name. Moreover, at the moment i am the only earning person at my home, as my brother is still studying and my father (original) is sick. My maternal uncle had died already. I have sought this thing out with a number of mufti sb in Pakistan and their answer was that the nikkah is possible but my in-laws are not moved by their opinions. Can you help me in getting some written stuff in this matter so that i can show them and get this over from my nerves. 2. what is the concept of engagement and Fiance in islamic norms? 3. Can i talk with my fiance? on telefone or through chattings internet (mainly). just for the cause that we are going to be married soon and one should fully understand his/her partner before the start of the life time journey together. I will be waiting for prompt reply in this regard. thanks and regards, Mohammad Ismail Gul +965 97200386

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

What your maternal uncle did is forbidden as he contradicted the order of Allaah; Allaah Says (what means): {Call them (adopted sons) by (the names of) their fathers, that is more just with Allaah.}[Quran 33:5]

Therefore, it is incumbent on you to change your name and be traced back to your father because whoever is traced back to someone other than his father is threatened to be cursed and prevented from entering Paradise as in Prophetic narrations reported by Al-Bukhari and Muslim  may  Allaah  have  mercy  upon  them. Indeed, Ibn Daqeeq Al’Eed  may  Allaah  have  mercy  upon  him considered this act as a grave major sin.

We think that the matter is simple. You may go to the court and inform them about the matter and ask for an official paper to change your name. Then you may ask the university and the educational institutions to correct the name on the certificates into your real name.

As regards marriage, it has nothing to do with this matter, because marriage contract is related to your identity and not your name. Therefore, you should try to convince your fiancée’s relatives to take the initiative to conduct the marriage contract and tell them that you are about to change your name.

Concerning talking with the fiancée, it is permissible if the religious requirements are observed, like not staying in seclusion with her and not looking at her or touching her in a forbidden manner.

For more benefit, please refer to Fataawa 86143 and 84300.

Allaah Knows best.

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