The surname of the child born out of wedlock

[Ansari]

Assalaamu Alaykum,

Would it be permissible for a woman to give her child the surname of her father, without claiming he is really the legal child of the father. This would only be done to cover up her fault and not to feel the child guilty if he would find out that he has the same surname like his/her mother?

So far I haven't come across many references. I did came across it was permissible for a married woman to adopt the surname of her husband, but thats it, and that the nasb should be attributed to the mother:

If a child is born out of wedlock, then the child will carry the name of the mother.
( قوله : والولد يتبع الأم في الملك والحرية والرق والتدبير والاستيلاد والكتابة ) لإجماع الأمة ؛ ولأن ماءه يكون مستهلكا بمائها فيرجح جانبها ؛ ولأنه متيقن به من جهتها ولهذا يثبت نسب ولد الزنا وولد الملاعنة منها حتى ترثه ويرثها
(Al-Bahr Al-Raiq Kitaab Al-Itq)


وعصبة ولد الزنا وولد الملاعنة موالي أمهما ؛ لأنه لا أب له فترثه قرابة أمه ويرثهم
(Al-Fataawa Al-Hindiyah)

In the Arabic language, bin is used for the son and bint for the daughter, regardless of whomsoever the nisbah (attribution) is made to.

http://www.askimam.org/fatwa/fatwa.p...8fcfc8d191f85b

Principally, a child born out of wedlock is not attributed to the biological
father. The reason being to condemn such illicit and Haraam acts.

If Shari'ah grants the child recognition, people will continue with
adulterous relationships. The mother of the child must bear the consequences
of her consent to the Haraam act. That will serve as an eye-opener to other
females not to consent to a Haraam thereby suffering the consequences all by
herself.

http://www.askimam.org/fatwa/fatwa.p...515594626829d8

You can use your stepfather's last name as your last name, in daily use and also in documentation. However, you should not formally claim that he is your actual father. In terms of lineage, one's parents are only one's biological parents themselves. At the same time, you don't need to announce to people--especially those you don't know well--that he isn't your actual father.

http://qa.sunnipath.com/issue_view.a...2&cate=0&t=rss

[Ansari]

By the way, I might give the impression that to give one's child the surname of the mother is wrong, but would that be really so according to the scholars?

If a woman who is getting married, can adopt the surname of her husband, leaving out the surname adopted from her father, it would technically mean she is changing her nasb. But the scholars have said it is permissible for the married woman to do adopt the surname of her husband. So can the same be said of the child being given the surname of his mother? Since it is not a point of lineage?

My fiance wants me to change my surname after marriage,i.e he wants me to add his surname after my name after we get married,my question is whether this practice is allowed in islam??

Answer
It is permissible. (Aap ke Masaail vol.7 pg.29)

and Allah Ta'ala Knows Best
http://www.askimam.org/fatwa/fatwa.p...ba2026ba373db9