Praise be to Allaah.
Firstly:
It is not one of the essential parts or conditions of
 marriage that correct names be used; rather it is sufficient to specify the
 woman to whom marriage is proposed and with whom the marriage contract is
 done. If there is some error in the name or a false name is given, that does
 not affect the validity of the marriage. 
It says in al-Sharh al-Mumti‘ by Shaykh Ibn ‘Uthaymeen
 (49, 48, 12), in a discussion on the conditions of marriage: 
1.
Specifying the partners: because the marriage contract has to
 do specifically with them, the husband and wife. It is a serious matter on
 which rulings on lineage, inheritance and rights depend. Hence it is
 essential to specify who the partners are. It is not acceptable to say “I
 give my daughter in marriage to one of your sons” or “I give my daughter in
 marriage to one of these two men: of “I give my daughter in marriage to a
 student in the college.” Rather it is essential to be specific. And it is
 also essential to be specific with regard to the wife, and say (for
 example): “I give you my daughter in marriage.” 
There are several ways of specifying:
(i)               
 By pointing and saying “I give
 this daughter of mine to you in marriage,” and (the groom) says, “I accept.”
(ii)             
 By naming her, such as saying
 “I give my daughter Faatimah to you in marriage,” and he has no other
 daughter by this name.
(iii)           
 By mentioning her with some
 distinguishing characteristic, such as saying, “My daughter who completed
 grade ten this year” or “My tall/short/fair/dark/blind daughter” and so on
(iv)           
 By mentioning some real fact,
 such as saying “I give my daughter to you in marriage,” when he has no other
 daughter. 
End quote.
So in terms of validity, the marriage is valid.
But what this woman did is something that is haraam and there
 is no difference of scholarly opinion with regard to that. For a Muslim to
 attribute himself to someone other than his father is something that the
 scholars regard as a major sin, because of the stern warnings that are
 narrated concerning it. This has been discussed previously in the answers to
 questions no. 638 and
 1942. 
What she has to do is repent from that action of hers and
 correct her name. She should fear Allah when speaking and not speak anything
 but the truth, for speech may lead to Paradise or to Hell. The Muslim has to
 strive when speaking to seek the truth, justice, honesty and fairness. 
And Allah knows best.

 
No comments:
Post a Comment