He wants to leave USA, wife won't go
Fatwa No: 84856

Question

I'm married and have one son and work in the USA .I'm thinking about going back home. My wife refuses to go. Am I committing a sin if I go without her? Although, I have tried very hard to persuade her about this idea. She thinks my family will cause a problem for us.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

A wife should obey her husband and travel with him wherever he travels unless there is a condition in their marriage contract that grants her the right to remain at her country even if her husband leaves that country. The husband should then comply with such a condition.

Ibn Qudamah  may  Allaah  have  mercy  upon  him said: ‘If he married her on condition that he would not make her go out of her country, she had the right to remain there for the Prophetic Hadith that reads: “The first conditions that are entitled to be respected are those by which it becomes Halal for you to have sex with females (your wives)” ’ .

But, if there is no such condition and she refuses to travel with her husband, then she is disobedient.

In addition, you have the right to travel alone if you feel it is safe to leave her in USA (her country) alone.

However, you have to convince her kindly that it is good to travel with you to assure her that her presence with your family will not cause any problem to her.

Allah Knows best.

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