who is an orphan?

Re: who is an orphan?

Peace cute ainee,

Yes, the girl will remain considered as an orphan and her step father will remain for her as ‘legal gurdian’ not a ‘real father’. Some scholars said that such step father/mother for male/female orphan is considered as ‘Na-mehram’ too, b’coz step parents can marry orphan female/male under prescribed conditions that cleary stated in Surah Al Nisa and proven by Hadiths. Also if I remember it correctly then orphan male/female have rights to marry by their own choice and there is no restriction on that.

For Example: A widow mother raised her child and the child at the age of puberty got married. Now the mother of orphan (that child) re married (Islamically there is no restriction on her second marriage). In official documents of that child, the deceased (real) father name will be written not his step father.

I will explain it with another example: A female name is written along with his father name before her marriage. After marriage her husband name is added in legal documents. Now the female got divorced or became widow due to death of her husband. In her legal documents, her husband name will remain which will be replaced with new husband name i.e., on her second marriage and this is because if she changes her name again to her father name after divorce/death of her husband, then she will face difficulties while processing documents of her child b’coz child name can’t contain maternal grand father/mother name.

Kindly note that some law may vary as per country.