Her husband wants her to live away from him
Fatwa No: 229402

Question

Al salam alaikum, I live in the U.S. with my husband and two children. My husband makes very little money, with it he spends on our bills and nessecities. And the rest he sends to his family back in the middle east. We basically live from paycheck to paycheck. Alhamdulillah I am completely fine with this but he says we needs to save up to build for our future and the only way is if I and our children live in the middle east for a few years. I don't want to go because of 3 reasons: my mom will be very sad if my kids and I leave (she's too attached to my kids), because I was born and raised here, when I go there I frequently get sick and I fear the same for my children, and lastly because I don't think it's right to leave my husband in kafir country alone. I've caught him more than once chatting with women online and trying to meet up with them to do zina. He's never did it, Alhamdulillah but because he has a wandering eye, I fear this if I leave. And he says if I don't go he will work in a smoke shop. When I tell him it's haram, sometimes he'll refuse to admit it's haram and other times he says that I will be punished for him working there because I wouldn't go and live with his family. Please advise me. Jazakum Allahu khair!

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.

First of all, we ask Allaah to rectify your affairs and enrich you with His Bounty. There is no doubt that tobacco is forbidden and working in selling it is also forbidden. Allaah says (what means): {…..but do not cooperate in sin and aggression. And fear Allaah; indeed, Allaah is severe in penalty.} [Quran 5:2]

Shaykh Ibn ‘Uthaymeen  may  Allaah  have  mercy  upon  him said: “Rule: Anything that is forbidden to use is also forbidden to sell, as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: When Allaah forbids something, He also forbids its price.’” For more benefit, kindly refer to Fatwa 82827.

As regards moving to live in the Middle East, then the jurists stated that the husband has the right to make his wife live wherever he wishes. The Kuwaiti Fiqh Encyclopedia reads: “The jurists stated that the husband has the right to reside with his wife wherever he wishes. However, the Hanafi school mentioned that the residence should be among neighbors. The jurists said: “If the wife complains that she is harmed by her husband, then the judge may make her reside among righteous people for them to know whether her claim is true or not.

Therefore, you are obliged to obey your husband if he obliges you to move – if you had not stipulated a condition in the marriage contract to reside in your country – unless you are harmed by residing in that country where he wants you to move. It should be known that a group of scholars are of the view that the wife has the right that her husband should not be absent from her for more than six months. For more benefit, please refer to Fatwa 85711.

Moreover, you should advise your husband to avoid ill-gotten earnings and remind him that the Treasures of Allaah are vast and that the doors of lawful earnings are so many. You should also advise him about the bad fate of ill-gotten earnings and its evil consequences for the earner and the people whom he spends on. On the other hand, we advise you to stay with your husband if he agrees to that for the reasons which you explained in your question, and because the wife may not stand being away from her husband and this may lead to great evils.

Finally, we advise you to supplicate Allaah and turn to Him at all times.

Allaah Knows best.

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