Q: My father was called Mihda' ibn Hajhuj the same name as his uncle Nuhayr during the reign of king `Abdul-`Aziz, the reign of Nida' ibn Khalaf ibn Nuhayr ibn `Aly, the reign of prince Jabr ibn Nida' and also during the reign of prince `Abdullah ibn Nida' the current Emir. It is worthy to mention that if Nuhayr was still there, our women would not be veiled from him. The title in which we participate is called Al-Nuhayr because he was the eldest of `Aly's sons. He was known by that title and `Aly is the fifth grandfather of Mahda'. The children of `Aly are five in number, they are as follows: Al-Nuhayr, `Awwad, Khulayf, `Abdullah and Muqarrin. His chain of offspring was known as Al-Nuhayr. There is another group who bear the same title and the official documents and scientific and practical certificates were issued with this title following the fathers and the forefathers in this track. Are uncles considered the same in status as fathers as reported from the Arabs and as mentioned in some interpretations concerning the following Ayah:
Or were you witnesses when death approached Ya‘qûb (Jacob)?
(Part No. 11; Page No. 460) Just as mentioned in Allah's saying:
...date-palms, growing into two or three from a single stem root, or otherwise (one stem root for every palm)
are these interpretations correct to prove the meaning of these official documents and certificates? I would like to explain to your Eminence that `Awwad, the grandfather of Mahda' is a brother to Al-Nuhayr. Could you kindly advise us? May Allah reward you because of our dire need for this.
A:
If the reality is as you have mentioned that your father Mahda' was called Al-Nuhayr the name of his uncle which they both participate in the fifth grandfather i.e. `Aly, and there is another group which is called Al-Nuhayr and the official documents and scientific and practical certificates were issued in this regard following the fathers and the forefathers in this regard. There is no harm in keeping the name and the title as it is with keeping and memorizing the classes of your genealogy for fear of mixing.As for
giving the father the name of the uncle as a matter of respect and honoring him, it is permissible. That is the case which is mentioned in the Qur'an but he is not considered a real father in genealogy and is not given the same ruling of a real father who excludes the grandfather from inheritance and his brothers from inheriting one-sixth with the deceased's son and he does not have the authority to conclude a marriage contract for his niece with the existence of the father or the brother along with other merits of the father.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.