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He has to take his widowed mother abroad before the expiry of her Iddah

Question

Assalamo Alaikum dear scholars, I have an urgent question on behalf of my friend whose father has died 1 and half month ago. My friend, his brothers and their mother have been living in Qatar for a long time. Their father had been staying and working in US. The father got deadly pancreas cancer and the doctors there in US told him that there was no hope of recovery. So, the father went to Pakistan to spend his last days. My friend, his brothers and their mother also went to Pakistan to be with the dying father. (Please note that they have a house of their own in Pakistan.) The father died when all family members were beside him. Then my friend and all his brothers except one came back to Qatar. So, at the moment only a son (my friend’s brother) and his mother (who is in waiting period, Iddah after her husband had died) are in Pakistan. The problem is that that son has to come back to Qatar WITHIN ONE WEEK for work as his workplace does not allow him more holidays. So, the question is that: can the son bring his mother with him back to Qatar? Is it allowed for the mother who did not finish her Iddah to travel with him to Qatar? Please note that there is no one else in Pakistan to take care of the mother and she’ll be alone if the son come back to Qatar. Please help us urgently… what to do in this situation????? May Allah reward you!!

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We have already clarified in Fatwa 88684 that a wife is obliged to spend her waiting period in the house of her husband where she used to live before his death and that it is not permissible for her to go out of it except for a necessity or a dire need.

Some scholars  may  Allaah  have  mercy  upon  them are very firm on the issue of a woman going out in her waiting period, and they are of the view that it is forbidden for her to go out during the day in order to fulfill her needs, let alone to initiate a travel during her waiting period even if she is accompanied by a Mahram.

The Fiqh Encyclopedia reads: “The majority of the scholars  may  Allaah  have  mercy  upon  them are of the view that it is not permissible for a woman in her waiting period to initiate a travel whether it is near or far; rather, she is obliged to stay in her marital house where she was (when her husband died).”

Therefore, this matter should be taken into consideration.

However, if there is a real necessity or a dire need equal to necessity for her to travel before the expiry of her waiting period, then this is permissible, Allaah willing. Hence, if this son is not able to delay his travel until the end of her waiting period and he fears that his mother will be harmed by him leaving her in Pakistan, then it becomes permissible for him to bring her with him to Qatar.

Allaah Knows best.

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