Confused about new husband's rights
Fatwa No: 88730

Question

I have done Nikaah before two years consummation of marriage was delayed due to visa process. Now visa process has been completed and I can go there. But right now my husband wants me to go his home in USA and while he is studying in out side of USA. In case of this I will have to wait for three month. My mother wants me to not go there and wait till your husband gets his home although you just got Nikaah.
What I have to do I am totally confused I just want the happiness of Allaah. I tried to find out on this matter from Islaamic books but I didn't find anything. Please answer as soon as possible that does my husband have right to say go there to his parent's home while we just got Nikaah.

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.

 

If the marriage contract has been concluded as it has been mentioned, then you are his wife even if the marriage has not been consummated. Your husband has exactly the same rights on you as if the marriage has been consummated. However, we call to your attention that it is forbidden for a woman to travel without a Mahram (a non-marriageable relative) as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "A woman should not travel except with a Mahram (a non-marriageable male relative) and a man should not enter her home except in the presence of a Mahram." [Al Bukhari] So it is forbidden to travel alone to America without a Mahram, even if your husband orders you to do so as there is no obedience to him in this, as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "There is no obedience to a creature in matters which involve disobeying the Creator." [Ahmad] Travelling without a Mahram is a disobedience and it is not permissible to obey him in this matter. However, if there is a Mahram who would accompany you to America and your husband asks you to travel, then it is an obligation on you to travel. The scholars stated that if the contract has been concluded, then it is an obligation to deliver the free girl (non-slave) who is eligible for sexual intercourse to the house of the husband if he demands it, provided that the wife did not make a condition (in the marriage contract) to reside in her own house or country. So if you agreed to live with him in that country, whilst the marriage contract has been concluded, the dowry has been paid and the husband demands you to join him, then you are obliged to do so on the condition that a Mahram should  accompany you, as we previously stated.

Please refer to Fatwa: 83795 for the ruling about a woman travelling alone without a Mahram.

Allaah knows best.

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