Wife’s Changing Surname, etc.

Answered according to Hanafi Fiqh by Mahmoodiyah.org.za

Question:

ASSALAMUALAIKUM

I WOULD LIKE TO KNOW THE ANSWER OF THE FOLLOWING QUESTIONS

1. BAKKAR MARRIED A NEW MUSLIM WOMAN WITH HER 3 CHILDREN, HE ALREADY CHANGE THERE NAME WITH MUSLIM NAME, NOW HE WANT TO KNOW THAT CAN HE CHANGE THERE SIR NAME WITH HIS SIR NAME? (BECAUSE WOMAN WAS USING HER MOTHER SURNAME BEFORE AND AFTER MARRIAGE). IF ANSWER IS NO THEN HOW HE GOING TO PROVE THAT THIS WOMAN IS HIS WIFE IF THERE SURNAME IS NOT SAME.

2. HE TOOK THESE CHILDREN ONLY FOR THE SAKE OF ALLAH, THAT MAY BE THEY GOING TO REMAIN MUSLIM AND HE GOING TO GET REWARD FROM ALLAH, BUT IF ANY OF HIS CHILDREN WHO ARE MUSLIM NOW AFTER CROSS ADOLESCENCE DON’T WANT TO FOLLOW HIS RELIGION, IN THAT CONDITION WILL HE GOING TO BE SINNER? AND IF THEY DIE, THEN ACCORDING TO WHICH RELIGION HE GOING TO BURRY THEM?

3. IF ONE OF HIS DAUGHTER AFTER CROSSING ADOLESCENCE 15 YEARS ASK HIM THAT SHE DON’T WANT TO BECOME MUSLIM BUT SHE WANT TO STAY WITH HIM AND NOW AND THEN WANT TO SEE HER BOY FRIEND OUTSIDE ( NOT IN HIS HOME) IN THIS CONDITION CAN HE ALLOW HER TO STAY IN HIS HOME (BECAUSE HE IS THINKING MAY BE IF SHE STAY HERE ALLAH PAK WILL SHOW HER RIGHT WAY AND CHANGE HER HEART AND MIND OTHERWISE IN THIS YOUNG AGE SHE GOING TO BE PREGNANT OR GET ANY KIND OF OTHER DISEASE BECAUSE THERE IS NOBODY IN HER MOTHER SIDE WHO CAN LOOK AFTER THIS CHILDREN)  

4. IF ONE DAY HE CAUGHT HIS DAUGHTER WHO IS ONLY 15, WITH HER NON MUSLIM BOY FRIEND, AND AFTER CONFRONT, HE ASK HER TO LEAVE THIS THING AND AFTER FEW MONTHS OR DAYS SHE RAN AWAY WITH THAT BOY AND FELL PREGNANT OR GET HIV AT THIS YOUNG AGE.   (KNOWINGLY OR NOT KNOWINGLY THAT WHAT SHE IS DOING IS RIGHT OR WRONG BECAUSE THEY ARE ONLY 1 YEAR OLD MUSLIM AND STILL LEARNING ISLAM), AND NOW SHE WANT TO COME BACK HOME AND SHE IS ASKING FORGIVENESS AND WANT TO BECOME MUSLIM AGAIN, THEN IN THAT CONDITION CAN HE EXCEPT HER AS A DAUGHTER OR REJECT HER AND CAN HE TAKE HER FOR ABORTION IF IT’S IN VERY EARLY STAGE?

5. AFTER DOING ALL WRONG NOW THAT GIRL IS STAYING LIKE A PROPER MUSLIM IF AFTER FEW YEARS IF ANY MUSLIM WANT TO MERRY HER AT THAT TIME IS IT NECESSARY ON HIM TO TELL THAT BOY WHAT SHE DID IN HER PAST? IF YES THEN HOW ( BECAUSE IF HE GOING TO TELL THEN NO BODY WILL MARRY HER)

6. CAN A WOMAN MAKE WUDHU WITH HER SLEEVELESS NIGHTY? BUT MAKE NAMAAZ IN PROPER DRESS?

7. IF A WOMAN IS PREGNANT AND AFTER FIRST MONTH SHE DOESN’T WANT TO MAKE INTERCOURSE WITH HER HUSBAND, WHEN HUSBAND ASK WHY? SHE SAID SOMETIME SHE WANTS, BUT WHEN TIME COME SHE DOESN’T FELL .WHAT MUST HUSBAND DO? CAN HE MASTURBATE HIMSELF OR ASK HER TO MASTURBATE HIM.


Answer:

 

 

1.        If the surname indicates to ones lineage then it will not be permissible for the wife to use the husband’s surname if his surname is different to hers.  The non-Quraishi wives of the Prophet (S.A.W.) did not change their surnames after their marriage to the Prophet (S.A.W.). The name of one of the wives of the Prophet (S.A.W.) was Maymoonah (R.A.) and she was known as Maymoonah Hilaaliyyah.

Further analysis will be made if you can state what difficulties will be faced if her surname is changed.

2.        If the mature children renegade from Islam (Allah forbid) after full attempt was made by Bakr to keep them on Islam, then he will not be responsible for their actions. 

If an immature child passes away and one of the parents is a Muslim, then the child will be buried according to the Islamic way.  On the contrary, if the child passes away as a Murtad (renegade) after maturity then he will not be buried according to the Islamic way.

3.        It is permissible for the husband to keep his wife’s non-Muslim children in his house with this intention that they may accept Islam and avoid bad habits from the outside.

4.        If someone wishes to accept Islam after turning Murtad (renegade) then he/she should be made a Muslim and treated like a Muslim.  Their Islam will be accepted.

In light of the situation mentioned in the question it will be permissible to undergo abortion if the pregnancy is still of an early stage.

5.        It will not be necessary to make mention of her pass but at the same time it should not be said that she is a virgin.

6.        A female can make Wudhu in her sleeveless pyjamas and her Wudhu will be valid.

7.        If the wife refuses to have intercourse and the husband has an intense desire for it then he can fulfil his desire by fondling with her body without making intercourse.  It is incorrect to masturbate.

 

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

www.mahmoodiyah.org.za

[email protected]

22 April 2004

02 Rabee’ul Awwal 1425

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