CHANGING SURNAME AFTER MARRIAGE
Article I
Question:
A woman, before becoming Muslim, changed her last name from her family name to her husband's. Now that she is Muslim, she is no longer married to that man. Also, she would like to formally change her name to a Muslim name to affirm her Islamic identity. She would like to also change her last name back to her family name, however, she would like to adopt her mother’s maiden name (maternal grand-father's name) instead of her father's name, since there is some conflict between them, and that she said he did not have much to do with her upbringing. Is it permissible for her to take her mother's maiden name?
Answer:
Praise be to Allah.
This woman’s desire to take an Islamic name and to change her family name from that of her former husband is quite correct, but it is not permissible for her to call herself after anyone except her legitimate father—no matter what the reasons for wishing to do so. Allah says (interpretation of the meaning): "Call them (adopted sons) by the names of their fathers…" [al-Ahzaab 33:5]
The Prophet (peace and blessings of Allah be upon him) said, "Whoever calls himself by other than his father’s name (or attributes himself to someone other than his father), will be cursed by Allah, the angels and all the people." (Reported by Ibn Maajah, 2599; see also Saheeh al-Jaami’, 6104)
Article II
Question:
I have read your responses to the questions concerning a wife retaining her father's name upon marriage. The ayaat mentioned from Surah Al-Ahzaab states that adopted sons (and hence daughters?) should not be called as sons of the adoptive fathers. However, how exactly does this apply to a wife simply changing her name for marriage; as she is not actually claiming to belong to her husband, but just taking his name. If it is a question of lineage, I would appreciate specific references from the Qur'an and hadith. Thank you for your help and clarification. Jazak Allah Khayr.
Answer:
Praise be to Allah.
The effects of imitating the West in naming ourselves are many. One of them is the way in which people have gotten used to omitting the word ‘ibn’ (son of) or ‘ibnatu’ (daughter of) between their own names and the name of their fathers. The reason for this is, firstly, because some families have adopted children and given them their surname, so that the adopted child is called Foolaan Foolan [where ‘Foolaan (So-and-so)’ stands for a name] and their real children are called Foolaan ibn Foolaan (So-and-so the son of So-and-so). Now in the fourteenth century AH, people have dropped the word ‘ibn’ or ‘ibnatu’—which is unacceptable according to linguistics, custom and sharee’ah. May Allah help us.
Another effect is the habit of women taking their husband’s surnames. Originally, the woman is So-and-so the daughter of So-and-so, not So-and-so the wife of So-and-so! Allah says (interpretation of the meaning): “Call them (adopted sons) by (the names of) their fathers, that is more just with Allah…” [al-Ahzaab 33:5].
As it is in this world, so it will also be in the Hereafter, as the Prophet (peace and blessings of Allah be upon him) said, “On the Day of Resurrection, each betrayer will have a banner raised beside him, and it will be said, this is the betrayer of So-and-so the son of So-and-so.” (Narrated by al-Bukhaari, 5709, and Muslim, 3265)
Shaykh Bakr Abu Zayd (may Allah preserve him) said: This is one of the beauties of sharee’ah, because calling a person by his father’s name is more appropriate for knowing who is who and telling people apart. The father is the protector and maintainer of the child and his mother both inside and outside the home. This is why the father mixes with people in the marketplaces and takes risks by traveling to earn a halal living and strive for their sakes. So the child is given the name of the father, not of the mother who is hidden away and who is one of those whom Allah commanded (interpretation of the meaning): “And stay in your houses…” [al-Ahzaab 33:33] (Tasmiyat al-Mawlood, 30, 31)
On the basis of the above, there is no blood tie between the husband and wife, so how can she take his surname as if she is part of the same lineage? Moreover, she may get divorced, or her husband may die, and she may marry another man. Will she keep changing her surname every time she marries another man? Furthermore, there are rulings attached to her being named after her father, which have to do with inheritance, spending and who is a mahram, etc. Taking her husband’s surname overlooks all that. The husband is named after his own father, and what does she have to do with the lineage of her husband’s father? This goes against common sense and true facts. The husband has nothing that makes him better than his wife so that she should take his surname, whilst he takes his father’s name.
Hence everyone who has gone against this and taken her husband’s name should put matters right. We ask Allah to put all the affairs of the Muslims right.
Article III
Question:
I read on your website the questions and answers regarding the issue of women changing their surname upon marriage. My question is, can a husband force his wife to change her surname against her will? And what can the wife do if her husband and his family are pressurizing her to change her surname in the name of legal issues?
Answer:
Praise be to Allah.
It is not permissible for a woman to take her husband’s name or his family name because that is attributing oneself to someone other than one’s father, and imitating the kuffaar from whom this custom was adopted.
Al-Bukhaari (3508) and Muslim (61) narrated from Abu Dharr (may Allah be pleased with him) that he heard the Prophet (peace and blessings of Allah be upon him) say, “Any man who knowingly attributes himself to someone other than his father is guilty of kufr. Whoever claims to belong to a people when he has nothing to do with them, let him take his place in Hell.”
“...when he has nothing to do with them...” means, when he has no lineage among them, as is highlighted in some reports.
Based on that, the husband has no right to force his wife to do that, and if he forces her to do it she should not obey him, because it is obedience to a created being which involves disobedience to the Creator. So she should persist in her refusal and explain to him that it is haram, and look for Islamically acceptable means of establishing her rights from a legal point of view.
And Allah knows best.
Sources:
http://islamqa.info/en/1942
http://islamqa.info/en/6241
http://islamqa.info/en/114624