Question:

Mufti Saheb, When we ask ulama the following question: "How will be called on the day of Qiyamah?"

In the reply, there may be any of three answers:

1) By mother's name [as mostly people say]
2) By father's name except Hadhrat 'Isa (alaihis salaam).[I read it in Ahsanul Fataawa vol. 9 Pg.29]
3) Some people will be called by their mothers' name & some will be called by fathers' name. [An Alim told me it is written in the footnotes of Abu Dawood 320]

Please tell me the most correct opinion on this subject matter.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

My Ustadh, Sheikhul Hadeeth Maulana Haroon Abasoomer Saheb writes in response to this issue,

"Imam Bukhari rahimahullah has included the following subtitle in his Sahih, ‘Chapter on the fact that the people will be called by their fathers’. Under this chapter, he has recorded the narration of Sayyiduna ibn Umar radiallahu anhu that Rasulullah salallahu alayhi wasallam said, ‘Verily, a banner will be raised for the treacherous person on the day of Qiyaamat and it will be proclaimed, ‘This is the treachery of so and so, the son of so and so.’ (Sahih Bukhari Hadith6177) (note that the masculine tense was used for the parent of this ‘so and so’)

Imam Khattaabi, Imaam ibn Battaal, Haafiz ibnul Qayyim, Haafiz ibn Hajar, Allaamah ‘Ainiy and Haafiz Qastalaaniy rahimahullah have all stated that this Hadith is a proof in argument against those who claim that people will be called by their mothers. (Refer Sharah ibn Battaal vol.9 pg.335, Tazab ibnul Qayyim li Abi Dawud vol.7 pg.250, Fathul Baari vol.10 pg.689, Umdatul Qaari vol.22 pg.201 and Irshaadus saari vol.13 pg.184). The reason for this is that Rasulullah salallahu alayhi wasallam said that it will be proclaimed, ‘This is . of so and so, the son of so and so – masculine (fulaan ibn fulaan)’ and Rasulullah salallahu alayhi wasallam did not say, ‘fulaan ibn Fulaanah’ (which means ‘so and so, the son of so and so – feminine)

Moreover, the argument of those who choose the contrary (i.e. people will be called out by their mothers) is based on narrations which have been classified as extremely weak by Haafiz ibn Hajar and others (refer Fathul Baari vol.10 pg.289 and Irshaadus saari vol.13 pg.184). Haafiz ibnul Qayyim rahimahullah states that the Ulama have consensus on the fact that this Hadith is weak (Tahzib of ibnul Qayyim vol.7 pg.250)

Hafiz ibnul Qayyim rahimahullah further states, ‘This Hadith is unsuitable for argument and more over it is in contradiction with a Sahih (authentic) narration.’ (Ibid)

After contemplating the above, it would be understood that the stronger and more preferred view is that on the day of Qiyaamat, a person will be called out by the name of his father and not his mother, as it is substantiated by the Hadith of Sahih Bukhari and Sunan Abu Dawud."

This is also concurred by what you have posted about Ahsan al Fatawa Vol. 9 Pg. 29-30.

The third position which you have mentioned, "Some people will be called by their mothers' name & some will be called by fathers' name." from the footnotes of Sunan Abu Dawood, is a reconciliatory position. This means, an attempt to find a position which does leads to overruling one narration in preference for another. This opinion has been presented by Shaikhul Hind Maulana Mahmudul Hasan rahimahullah in his Ash'atul Lam'aat. 

He mentions, "In some riwayaat it is mentioned that people will be called on the day of Qiyamah by their mother's name. One opinion is that the wisdom of this is to hide the condition of a walad az zina (illegitimate child) so they are not maligned due to it, and some said that it is considering the position of Sayiduna Eesaa alayhis salam because he did not have a father, and some have made other interpretations. If this hadeeth (about being called by mother's name) is understood to be established then we will say that it refers to being called upon by father's name taghleeban (in most cases), or we would say that sometimes people will be called by their father's name and sometimes with their mothers name, or at time with only their mothers, or both the parents. Wallahu A'lam" (Ash'atul Lam'aat 4/64)

This very reconciliatory text has also been presented by Mufti Rasheed Ahmed Ludhiyanwi rahimahullah in Ahsan al Fatawa (Vol. 9 Pg. 30) as the final thoughts on the fatwa on the issue. Similarly Maulana Zafar Uthmani rahimahullah has also penned similar explanation for this in his Imdaadul Ahkam (Vol. 4 Pg. 466). We could say in conclusion that while the preferred opinion on the matter is that people will be called by their father's name. However, should the hadeeth of being called by mother's name be considered as acceptable for argumentation, then the above reconciliation will take place.

At the same time, it should also be kept in mind that our goal of life is not limited to understanding or reconciling such textual matters, rather being prepared to face our Allah with our A'maal and good deeds, when we will infact be called upon, regardless of how. 

And Allah Ta’āla Knows Best

Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca