Fatwa no.
21145
All praise is due to Allah Alone. May peace and blessings upon the Prophet.The Permanent Committee for Scholarly Research and Ifta' has read the letter sent to the Grand Mufty from the designate undersecretary of the Ministry of Labor and Social Affairs no. 8351, dated 16/3/1420 A.H. The letter was referred to the Committee from the Secretariat General of the Council of Senior Scholars under no. 2444, dated 25/4/1420 A.H. And His Eminence asked the following question: "You know that the ministry is concerned with providing institutional and social care services for people with special needs, who descend from anonymous fathers or through adultery. They should be given suitable and common names known in our community as their legal right.There was a previous Fatwa by (Part No. 11; Page No. 262) the former Mufty, may Allah have mercy upon him, which stated that the second and the third names must begin with `Abd, which was observed in this regard. The actual application of this Fatwa for many years has put us into the difficulty of the resemblance of names. Some people thought they were relatives. We are trying to avoid this, but we face another difficulty which is the use of names that begin with `Abd but are not common in Saudi society, thus leading some of those who had these names to complain. They maintained that their names indicate their real social status in schools, hospitals, summer centers, etc.The aim of the Fatwa, as the former Mufty put it, was meant to console those facing these conditions. Moreover, names which do not begin with `Abd and Al are consistent with the reason for the Fatwa - that is, the names must not be related to anyone and, at the same time, avoid the difficulty which innocent children experience apart from their social status. It goes without saying that making them happy and alleviating their difficulty is obligatory on us. It is known that whatever is required for fulfilling an obligation is obligatory in itself. Thus, you may view nothing wrong with canceling the stipulation of choosing names beginning with `Abd, because of the aforementioned reasons and allowing the use of a quadruple names (Part No. 11; Page No. 263) that are common in Saudi society.In addition, we want to know if it is permissible to include this category in the directions of the Crown Prince in his order no. M/385/7, dated 21/9/1418 A.H., which includes his confirmation on registering the names with Ibn or Al to the names in all kinds of correspondence and in schools. Excluding them from this may expose their social status in the society.Finally, we want to know the Fatwa (legal opinion issued by qualified Muslim scholar) on the permissibility of changing the names of two children who were cared for by a surrogate family and were breast-fed by the same woman so that they became brothers through breastfeeding ties. The nursing mother asks that their second, third and fourth names be identical in order to further console them and alleviate their suffering.We would like to inform you that there was a meeting with the late Shaykh
`Abdul-`Aziz ibn Baz
shortly before his death in which Dr.
Salih Al-Waniyan,
a professor at the Islamic University of
Imam Muhammad ibn Su`ud
in
Al-Qasim,
asked him about the bad results of limiting names to that beginning with `Abd, as mentioned in His Eminence's Fatwa. After some discussion, he answered that this Fatwa could be changed if it would be sent back for review. We prepared the letter but (Part No. 11; Page No. 264) Allah destined (his death) before it was handed to His Excellency, may Allah have mercy upon him. May Allah help you spread knowledge by which He elevates your status."
After studying your Fatwa request, the Committee states the following:1- Among the ways of benevolence in the Islamic Shari`ah
is to provide for illegitimate children whose lineage is unknown. It is commendable to be good to them, safeguard them, bring them up in an Islamic manner and teach them the obligations and etiquette of our faith. This carries great reward for those who care for orphans. The Prophet (peace be upon him) stated:
"I and the one who looks after the orphan are in Paradise like this." And he (peace be upon him) pointed with his index and middle fingers, then separated them.
(Related by
Ahmad, vol. 5, p. 335;
Al-Bukhari, 178-6 and 76-7 from a Hadith narrated by
Sahl ibn Sa`d (may Allah be pleased with him);
Ahmad, 375-2; and
Muslim, 2287-4 no. 2983 from a Hadith narrated by
Abu Hurayrah (may Allah be pleased with him). (The Hadith is agreed upon by Al-Bukhari and Muslim).2-
Among the legal rights of a child of unknown parentage, such as an illegitimate child, is to give it a good name, but the name must be Islamic and does not contradict the rulings of the Shari`ah regarding naming a child.3- It is permissible to give him a father's name, such as `Abdullah and similar names that begin with `Abd or other names such as Hasan, Khalid, etc., (Part No. 11; Page No. 265) names which do not disagree with the rulings of the purified Shari`ah.4- It is not permissible to attribute an illegitimate child to a family or a tribe as this is lying, deception and obscurity as well as the result of confusing lineages. Also, it is not permissible to attribute the child to another illegitimate person. It is reported on the authority of
Abu Dhar (may Allah be pleased with him) that he heard Allah's Messenger (peace be upon him) saying:
Any man who knowingly attributes himself to someone other than his father is guilty of Kufr (disbelief).
(Related by
Muslim).
Al-Bukhari added in his narration:
Anyone who claims to belong to some folk to whom he does not belong, let him take his place in Hellfire.
5- It is not permissible to adopt a child with unknown linage, such as an illegitimate child because of Allah's Statement:
...nor has He made your adopted sons your real sons.
And:
Call them (adopted sons) by (the names of) their fathers: that is more just with Allâh. But if you know not their father’s (names, call them) your brothers in faith and Mawâlîkum (your freed slaves).
Therefore, it is not permissible to attribute an illegitimate child, male or female, to his caregiver because it is prohibited and a major sin. Some people register those children on their ID cards and family cards, but this is blatant forgery and transgressing the limits set by Allah. In addition, this includes lying to those in charge in the government, which (Part No. 11; Page No. 266) is unacceptable. It should be mentioned that this registration establishes neither lineage nor inheritance from the one to whom the child is attributed. Whoever has done so should hasten to repent to Allah and set things right.6- There is nothing wrong in issuing ID cards for orphans and providing them with triple names and fathers' names with the term "Ibn" [son (of)] being in-between to correlate between their names and nicknames. This may also include attributing their names to the place where they were found, because this is a great consolation to them.7- If a person raises more than one illegitimate child, it is not permissible to make the names of their fathers and grandfathers identical, because this involves deceptive brotherhood in lineage, dishonesty and other bad results in lineage and inheritance, thus resulting in great harm.8- It is obligatory on a caregiver to inform the child of unknown lineage after reaching the legal age. The child is to be told that his provider is Ajnaby (a man other than a spouse and permanently unmarriageable relatives) and is like other people with regard to gazing (to marriageable women), Khulwah (being alone with a member of the opposite sex), wearing the veil for women and similar rulings.9- If the child was breast-fed (by the wife of the caregiver) he will be Mahram (permanently unmarriageable relative) to the woman who suckled him as well as her daughters, sisters and others who are prohibited by lineage.10- It is not permissible for a caregiver of a child of unknown parentage to conceal the child's true status; rather it is obligatory to inform him and to alleviate his distress by telling him that this is common and that it has no effect on his faith if he correctly adheres to the Path (Part No. 11; Page No. 167) of Almighty Allah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
After Li`an, should...
