If A Child Is The Illegitimate Offspring Of Two Kaafirs, Can He Be Named After The Zaani?
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read your answers regarding woman taking her husbands
name and i understand that is is not acceptable. I
would still like to now, if it would be possible for a
converted woman in that case when the woman originally
has her mothers name because her parents were not
married when she was born, and it is not possible for
her to take her fathers name, since he is not alive
Praise be to Allaah.
(adultery or fornication) is forbidden in all the laws
that Allaah revealed to His Messengers, and Islam
approves of the marriages of followers of other
religion who did not enter Islam subject to two
1 That it was in accordance with their own laws
2 That they do not refer to us for judgement
concerning the marriage contract.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on
The companions of Maalik and al-Shaafa'i, and the
companions of Ahmad such as al-Qaadi Abu Ya'la and Ibn
'Aqeel, and later scholars, said that reference
concerning the marriage of a kaafir should be made to
their own customs. Whatever they regard as a marriage
among them, it is permissible to approve of if they
become Muslim and refer to us for judgement, provided
there is no impediment to this marriage. But if they
believed that it was not a marriage, then it is not
permissible to approve of it. End quote.
Majmoo' al-Fataawa (29/12).
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah
have mercy on him) said:
If the marriage is valid according to Islamic
sharee'ah, then it is valid, but if it is invalid
according to the dictates of Islamic sharee'ah, then
they may approve of it subject to two conditions:
1 That they regard it as valid according to their
2 That they do not refer to us (for judgement).
If they do not believe that it is valid, then they
must be separated, and if they refer to us for
judgement, we must examine the case. If it is before
the marriage contract then we must do the marriage
contract according to our laws. If it is after the
marriage contract, we must examine it further. If the
woman was permissible at that time, then we may
approve of it, and if she was not permissible then we
must separate them. The evidence for these things is
what happened when a kaafir became Muslim at the time
of the Prophet (Peace And Blessings Of Allaah Be Upon
Him). He approved of those couple who had married
during the Jaahiliyyah and did not object to that.
This indicates that things may be left as they are.
Al-Sharh al-Mumti' (12/239, 240).
With regard to zina and so-called relationships, all
of that is invalid according to their laws and ours.
It is the result of the misguidance in their lives,
behaviour and customs.
Muslim (1700) narrated from al-Bara' ibn 'Aazib the
story of the stoning of the two Jews who committed
zina, and how, even when the Jews distorted the Torah
and concealed that which Allaah had revealed, they did
not regard zina as permissible, rather they changed
the punishment for it and introduced flogging and
blackening of the face with coal instead of stoning.
The Christians did likewise. In the Gospel of Matthew
19:18 it says: "Jesus [said], 'Do not murder, do not
commit adultery, do not steal, do not give false
In the Gospel of Mark 10:19 and the Gospel of Luke
18:20 it says: "You know the commandments: 'Do not
murder, do not commit adultery, do not steal, do not
give false testimony'"
Hence we say: If these parents were married even of
that was according to the religion of Christianity or
Judaism then their marriage is approved and the
daughter should be named after the father. But if the
daughter was the result of an illicit relationship,
then she should not be named after the zaani, rather
she should be named after her mother, as she is at
In Islam the scholars are unanimously agreed that the
illegitimate child should not be named after the zaani
if the zaani does not ask for him to be named after
him. Rather the majority of scholars said that he
should not be named after him even if the zaani wants
It is not the issue as mentioned in the question
of whether the zaani is still alive or not; rather the
issue is that the relationship between them was not
one of marriage, and the daughter was the result of
Islam forbids attributing the child to anyone other
than his father. Allaah says (interpretation of the
"Call them (adopted sons) by (the names of) their
fathers, that is more just with Allaah. But if you
know not their father's (names, call them) your
brothers in Faith and Mawaaleekum (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 Allaah is Ever
Oft-Forgiving, Most Merciful"
It was narrated from Abu Dharr (may Allaah have mercy
on him) that he heard the Prophet (Peace And Blessings
Of Allaah Be Upon Him) say: "There is no man who
knowingly attributes himself to someone other than his
father but he has committed an act of kufr, and
whoever claims to belong to people to whom he does not
belong, let him take his place in Hell."
Narrated by al-Bukhaari (3317) and Muslim (61).
Al-Haafiz Ibn Hajar (may Allaah have mercy on him)
Some commentators said: The reason why this is
described as kufr is that he is telling a lie against
Allaah; it is as if he is saying: Allaah created me
from the sperm of So and so, when that is not the
case, because he was created from someone else.
Fath al-Baari (12/55):
The Messenger of Allaah (Peace And Blessings Of Allaah
Be Upon Him) said: "One of the greatest of falsehoods
is for a man attribute himself to someone other than
his father." Narrated by al-Bukhaari (3318).
And the Prophet (Peace And Blessings Of Allaah Be Upon
Him) said: "Whoever knowingly attributes himself to
someone other than his father, Paradise will be
forbidden to him." Narrated by al-Bukhaari (4072) and
To sum up:
The illegitimate child whether he is born to Muslim
or non-Muslim parents cannot be attributed to the
zaani, rather he must be named after his mother. The
situation of this new Muslim sister is correct. If she
was not able to call herself after the man or the
woman then she could as a case of necessity call
herself by a name that is not specific to any known
person; rather she may choose a name that consists of
two or three names and call herself by that. It is not
permissible for her to take her husband's name.
And Allaah knows best.