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Is the Oct 2006 Nikah of an adopted child valid if her adopted father’s name was used?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Asslam O Alaikum Warahmatulahe Wabarakatahu May Allah peace be upon all of us Subject: Clearification Regarding Nikah One Couple got married in Oct 2006. The situation is like that, the girl is adopted child and during Nikah she mentioned the name of the Father who adopts her instead of her Real Father. so my question is, ” This Nikah Is Valid Or Not”. Kindly reply as soon as possible.

Answer

(Fatwa: 683/683=M/1429)

The person who had adopted the girl is not her real father. It was wrong to mention the name of adopter in place of her real father. The Nikah becomes invalid if the name of father is taken falsely. However, if the girl was herself present in the meeting and the Nikah was performed before her in the presence of legal witnesses, then the Nikah was valid.

كما فى الدرالمختار: غلط وكيلها بالنكاح في اسم أبيها بغير حضورها لم يصح للجهالة و كذا لو غلط في اسم إلا إذا كانت حاضرة وإشار إليها الخ

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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