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Fatwa CenterStaying away from his wife to get his American citizenship
Question
i am married from last three years during three yrs of my marriage my husband fail to act my as provider and maintainer i used my saving to support my self and stayed in marriage.we decieded to leave usa and moved to egypt his home country since he is having difficult time taking care of his responsibilty.understanding and agreeing that once i will leave usa i will have difficulty to go back he promised and swore to join me in 3 months. i went in advance so i can spend some time with my family and attend my brothers marriage when he applied for his american citizenship he found out that he cannot leave usa untill his interview which will take between 4 to 6 months and this was 3 months after i left usa. i was not happy to stay away from my husband so i and my husband decided and agreed that i will go to canada and stay there and he will visit me every two weeks for 4 months because it took me two months to arrange my canada visa i even made all the fianacial arrangement and he did not send me any allowances all these months. when i went to canada his mother refuse to send him fearing that if he will leave usa he will have difficult time getting his american citizenship. he made me come back to my brothers house on my own expense and promised me and swore under the name of ALLAH three times we will either go to egypt or canada in 5 weeks and be together. but now he doesnt want to keep his words because he hasnt heard anything from usa immigation and his parents doesnt want him to leave and he wants to obey his parents even if his marriage will end and knowing that staying in kafir country and taking there citizenship is harm in islam. he wants me to stay at my brothers house till he gets his citizenship which i donot want i told him either make arrangement in egypt where he has his house or come and stay with me in canada he is not agreeing please advice
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
A husband is obliged to spend on his wife according to his abilities, and if he does not do so and he has no sound excuse, then he is negligent and the wife may ask him to reimburse her for what she spent on herself; for more benefit, please refer to Fataawa 92004 and 85361.
Furthermore, it is not permissible for a husband to be absent from his wife more than six months except with her permission unless he has a sound excuse for that; for more benefit, please refer to Fataawa 84073 and 85711.
Obtaining a citizenship and his parents ordering him not to travel are not a sound reason for him for not fulfilling his obligations towards you. Moreover, it is not permissible to reside in a non-Muslim country and get their citizenship except for a dire necessity or a considerable religious need; for more benefit, please refer to Fataawa 87140, 82552 and 81464.
Therefore, you are permitted to ask him to fulfil your rights and he is obliged to do so.
Finally, it should be noted that you should advise your husband in a good and nice manner, and seek the help of whoever you think could influence him.
Allaah Knows best.
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