Recently married and at pain to return to his wife
Fatwa No: 90778

Question

I got married before 9 months, as part of job I did not see her from past 5 months. I decided to quit the job and go to stay with my wife back home. But my company's managers not allowing me to go, they playing with me, I can't go and complaints in the labor dept. because they have too much power in the ministry. May be they will send me behind bar by any criminal case. As per the Hadeeth we can't leave our wife more than six months. Now what shall I do now, shall I wait till the cancel the visa or shall I fight with company. Meantime my wife is calling to come immediately. If I not reach before six months who will be responsible for this, me or the company. What Fatwa says regarding this.

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 may be absent from his wife six months or less even without his wife's permission, however, he is not allowed to be absent from her more than this period without her consent. It is reported that 'Umar  may  Allaah  be  pleased  with  him asked his daughter Hafsa  may  Allaah  be  pleased  with  her [who is the Prophet's wife] about the period during which a wife could tolerate the absence of her husband, and she replied: ''Five months or six months.'' Thereupon, 'Umar  may  Allaah  be  pleased  with  him fixed a period of six months as a maximum period for the husbands who are away in battles; they travel for one month to the battle field, they stay there for four months, and they spend one month on their way back.

Ibn Qudaamah may  Allaah  have  mercy  upon  him said: 'Ahmad Ibn Hanbal may  Allaah  have  mercy  upon  him was asked as to how long a husband may be absent from his wife, to which he replied: "It is reported that he is allowed to stay away from her for six months.' Moreover, Al-Buhooti may  Allaah  have  mercy  upon  him [a Hanbali jurist] said: 'If a travelling husband has no obstacle which prevents him from returning and he is absent from his wife more than six months, and she asks him to return, he is obliged to do so.'

Therefore, you may stay away up to six months and then if your wife insists on you to return, you are obliged to return to her if it is possible for you to do so.

As regards your situation with the company, whether or not you will enter into disputes with them, or wait until they cancel the visa, then you are more aware about the matter than us. We advise you to perform Istikhaarah prayer and ask your rights from the company. Entering into disputes with them is something assumed and it is not permissible for you to delay your return to your wife based on assumptions.

Allaah Knows best.

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