written by Imam-Fulani Jamiu Olarewaju.
Like the heading suggested, this is an Islamic perspective of this common practice as if the wife was bought – and not married – from her family. I will hit the nail at the right spot before showing the nail size and the hammer weight.
Islamic-ally, there is no specific commandment or injunction requiring a woman to change her father name to that of her husband upon marriage. Rather it’s an adopted culture or societal value. If we’re to carefully look at it, why will you even change your father’s name to your husband name? Is it for love or what?
It was provided in the Quran ( Suratul Ahzab 33:5) where Allah says:
“Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers, then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful”
The Quran commentators have consensus opinion that the above verse was revealed concerning Zayd Bn Haritha who was adopted by the prophet and people call him with the prophet’s name.
In the words of Ibn Umar, ‘We did not call Zayd ibn Haritha except Zayd ibn Muhammad,’ it is evident that adoption was practiced during the pre-Islamic period and Islam, with inheritance and mutual support associated with it, until Allah abrogated that by saying, ‘Call them by [the names of] their fathers; that is more just in the sight of Allah.’
Thus, Allah abolished the ruling of adoption and prohibited the use of its term, guiding people to the fact that it is more appropriate and just for a man to be attributed to his father.”
However, the scholars argues using this provided verse that it is not permissible for a woman to change her maiden name to that of her husband base on the Islamic Jurisprudence principle which says “The lesson of a verse is in the generality of the meaning and not in the particular reason”.
Meaning that if a Quranic verse prohibits a certain action, and that verse was revealed in response to a specific historical event, the prohibition applies not only to the exact circumstances of that event but also to any similar situations that violate the underlying principle.
There is nothing in the Prophet’s Sunnah to indicate that a wife should be attributed to her husband. Rather, this is a recent custom that is not sanctioned by Islamic law. The wives of the Prophet, peace be upon him, are the Mothers of the Believers.
The Prophet married them, and he was the noblest of people in terms of lineage, yet none of them was attributed to his name, peace be upon him. Rather, each of them was attributed to her father, even if he were a disbeliever. And the wives of the companions, may Allah be pleased with them, and those who came after them did not change their lineages. Examples of the prophet’s wives:
i) Khadijah Bint Khuwaylid
ii) Hafsoh Bint Umar
iii) Aishah Bint Abi Bakr etc.
They were only called Zawjātu Al nabiy ( Wives of the Prophet ) and were not attributed to him. If changing of maiden name to husband name is permissible, the prophet’s wives will be in the best position to change their name to that of the prophet because he’s the best among creatures of Allah. Instead, they maintain there father’s name in order to uphold their lineage and follow the Shariah injuction.
It was even upheld by some jurist that it is forbidden for a wife to call her husband with names that will implies been attributing fatherhood to him. Such as calling him with names like “Daddy”, “ Father”. If this should have an implication, it implies that one should not attribute fatherhood to anyone except his/her father only.
Furthermore, changing of maiden name could cause a lot of difficulties. What if the husband which the wife changes her name to his name dies or they both got separated, will she have to change her name subsequently to that of her new partner?.
Shariah is the most comprehensive, unique and considerate law in the universe that tends to alleviate difficulties from human. By adhering to it principles, it will lead to an harmonious, peaceful and prosperous society.
Conclusively, the act of changing surname to that of husband name after marriage have no basis in Islam and there is no definitive ruling which support same. Thus, woman are urge to desist from such by retaining their father’s name to honour her lineage and identity.
Imam-Fulani Jamiu Olarewaju is a 200 Level student of Common and Islamic Law in the prestigious Faculty of Law, Bayero University, Kano, Nigeria. He is also a Researcher, Writer, Tutor, Educator and Islamic Jurisprudence and Islamic Banking and Finance Enthusiast: imamfulanijamiu@gmail.com
