Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Just say if I wanted to marry someone from another religion. He decided to convert and follow the religion completely, but the only thing he wants is for me to take is last name.

So my question is basically can I take his last name, even though he is from a different religion? 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Wife to take husband last name

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

If the man you wish to marry converts to Islam by declaring the ‘shahaadah’ or testimony of faith, he will become a muslim in the sight of Shariah and the believers; and all the rights that are due to a muslim will be accorded to him in full. After reverting to Islam, the man will be eligible to marry a believing woman, he can visit the Holy Places, he will be given a muslim burial upon his death, his children can inherit from him, etc.

Your Question: So my question is basically can I take his last name, even though he is from a different religion? 

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 5 (part): Call them by (the names) of their fathers: that is juster in the sight of Allah.

Allah Subhanah guides the believers, whether they be male or female, single or married, to be called by their father’s name. It is absolutely not recommended for a believing woman to change her last name or be recognized by her husband’s name in Islam; but it is the direct command of Allah Subhanah to be recognized by the name of one’s father.

It is not Islamic culture that a believing woman drops her father’s name, and is called upon by her husband’s or anyone else’s name. The guidance of Allah and His Messenger (saws) is that a person must always be called by his/her father’s name.

If Islamic culture allowed a woman to take the husband’s name, then there is no bigger honor than to have the name of the Messenger of Allah (saws) attached to one’s name! But the wives of the Prophet were always known, recognized and called by their respective fathers’ names, and never by the Prophet’s name.

Hadrat Aisha (r.a.) is and will always be known as Aisha bint Abu Baqr As-Siddiq (r.a.), although she was married to the Messenger of Allah (saws); and what could have been a bigger honor for a believing woman than to attach the name of the Messenger of Allah (saws) to one’s name? But Hadrat Aisha (r.a.), even after her marriage to the Messenger of Allah (saws) was and will always be recognized by the name of her natural father, Hadrat Abu Baqr as-Siddiq (r.a.).

This custom of dropping the woman’s fathers’ name and being called by the husband’s name, is a pagan custom, and must be avoided by the believers, who sincerely fear Allah and the Last Day.

The man who reverts to Islam is not required by Shariah to change his first or last name, unless of course his name suggests or has a connotation of manifest shirk like ‘Abus-Shams’ (slave of the sun), or ‘Ramdaas’ (slave of the Hindu god Ram), etc.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan