Naba Basar has compiled views of the scholars on the issue of a Muslim woman's surname after marriage
Sheikh Saud al-Funaysan, former
professor at Imam University:
A woman
has to keep the name of her father and not her husband after marriage. Ahadeeth
give a severe warning for the person, who attributes himself to other than his
or her father.
Allah (swt)
says in the Quran: “Call them (adopted sons) by (the names of) their fathers;
that is more just with Allah. But if you know not their father’s (names, call
them) your brothers in faith, Mawalikum (your freed slaves). And there is no sin
on you concerning that in which you made a mistake, except in regard to what
your hearts deliberately intend. And Allah is Ever Oft-Forgiving, Most
Merciful.” (Al-Azhab 33:5)
Due to
the seriousness of the matter, if a woman has her legal documentation, such as
her passport, in her husband’s family name, then she has to change her official
documents back to her father’s family name if she can, even if she in her daily
practice abides by the legal ruling and people call her by her father’s name and
not her husband’s.
Fatwah department research
committee of “IslamToday”, chaired by Sheikh Abd al-Wahhab
al-Turayri:
To
understand this matter, consider the fact that a woman does not rightfully
belong to her husband’s family by way of lineage. Her lineage stays as it always
was. Consider this: if her husband were to divorce her, who would be her
guardians? Also, from whom does she inherit?
The above
mentioned verse in the Quran (Al-Ahzab 33:5) commands us to attribute children
to their true biological fathers even after adoption. The most it allows is that
the child casually refers to his guardian as ‘father’, or the man to the child
as ‘son’ or ‘daughter’ out of affection or absentmindedly; however, it forbids
the change of the child’s name or a formal claim of attribution.
This is a
general rule. All Muslims must carry their fathers’ names. There is no evidence
from the Quran or the Sunnah that a woman, upon marriage, is exempted from the
general rule of attribution to her own father and her own family. All women from
the time of the Prophet (sa) onwards continued to be attributed to their own
fathers after marriage, regardless of whether their fathers were Muslims or
non-Muslims.
The
Prophet (sa) said: “Whoever attributes his lineage to other than his father or
claims other than his master as his master, then he has upon him the curse of
Allah (swt), His angels and all humanity.” (Abu Dawood) Also: “Whoever claims as
his father other than his father knowingly, then Paradise is forbidden him.”
(Abu Dawood) These Ahadeeth are authentic. The matter is serious.
Those,
who claim that there is contrary evidence allowing women upon marriage to
attribute themselves to another person’s lineage, must produce their evidence
for such a serious matter.
Allah
(swt) knows best.
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It seems that many Muslim women are happy even if their husband has many wife.
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