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Is Mentioning Father’s Name Mandatory in Marriage Contracts?

11 June, 2020
Q As-salamu alaykum! Need your help. So, I wanted to ask about my National ID Card and my marriage. I am adopted and I didn't know about it till I was 20. My national ID card doesn't have my real father's name on it. He's my Uncle let's just say. Now the issue is that my everything, ID card, passport, business documents, school documents, university documents and everything else you can imagine has the same mistake that the father's name is the one who adopted me and not the real father's name. I wanted to ask is it compulsory that I have to change it everywhere like even if I change my national ID card, I would have to change everything. I know that it is compulsory in Islam that there must be real father's name on marriage contract and completely follow with this. My question is that: can I have my marriage complete with the real father's name without changing anything else like my National ID card and all that? Please let me know.

Answer

Sheikh Ahmad Kutty
11 June, 2020

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

In this fatwa:

1- If you wish to change your name by adding your birth father’s name, you may do so as long as it is legally feasible to do so. 

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2- It would be best to conduct the marriage contract without changing the name, while planning to apply for a legal name change after having checked with a lawyer if you can do so. 

3- Marriage is still valid without mentioning the names of your parents.

In responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

I empathize with your predicament.

You need not worry about this mistake. You are not cheating anyone unless you are deliberately hiding it from the people you are trying to establish marriage relations when they ask you. 

The name you have on records complies with the laws of the land you are living. You have no control over it. 

So, if you wish to change your name by adding your birth father’s name, you may do so as long as it is legally feasible to do so. 

You do not need to wait for the process to complete. You may use your father’s name in marriage contract provided it does not create problems for you because of the discrepancies between your marriage certificate and other legal documents. 

Therefore, it would be best to conduct the marriage contract without changing the name, while planning to apply for a legal name change after having checked with a lawyer if you can do so.  After all, marriage is still valid without mentioning the names of your parents. 

I pray to Allah to facilitate your marriage and bless you with a blissful and happy marriage.

📚 Read Also:  Is Adoption Permitted in Islam?

Almighty Allah knows best.

Source: https://askthescholar.com/