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Tuesday, July 10, 2012

Does she have to ask her husband who is travelling for permissionto travel with her family?

My sister is married having two children. Her husband is away from his
home living in another city with his parents for one month. It means
theirhouse is closed. During this absence she lives in my house with
my parents. We have houses in more than one city. We want to go with
my family to another city where is my house until her husband returned
back his home.
My question is, while my sister is living with us if suddenly we make
a program to go another city where my house is fora short period.
Did she require informing her husband and get permission?
Kindly request you to answer me according to shari'ah.
Praise be to Allaah.
The basic principle concerning a woman is that it is not permissible
for her to leave her husband's house without his permission. That is
part of obedience to her husband that her Lord hasenjoined upon her,
and part of her care and respect towards him, and part of treating one
another honourably.
That applies except in cases of necessity; she may go out if need be.
It says in Mataalib Ooli'n-Nuha (5/271): It is haraamfor the wife to
go out without her husband's permission or unnecessarily, such as
going to buy food if there is no one who can bring itto her. End
quote.
See also the answer to question no. 106150 .
As the husband is travelling and the wife (your sister) has her two
children with her, her being with you is better and safer for her. If
you travel and she goes with you, that is better for her than staying
on her own with her children in her husband's house with no one to
keep her company.So there is nothing wrongwith her travelling with you
without her husband's permission, unless he has told her not to
travel, in which case she should ask him for permission and not go out
without his permission, except in caseof necessity.
Ibn 'Uthaymeen (may Allah have mercy on him) was asked:
If a woman knows that her husband will allow her to go to her family
and relatives, is it permissible for her to go without his permission
in case of necessity?
He replied:
This depends on what sheknows of her husband's preference. In some
cases,the wife knows that the husband would give her permission to go
out to see her relatives in case ofnecessity, and in other cases the
wife knows thatthe husband does not want his wife to overstep the mark
with regard to what he has permitted. Soit depends on how the husband
is. But if he has told her not to go out for any need or reason other
than this specific purpose, then it is not permissible for her to go
out except for this specific purpose. End quote from Fataawa Noor 'ala
ad-Darb by Ibn 'Uthaymeen, 10/298
He was also asked:
What is the ruling on a woman who goes out without her husband's permission?
He replied:
If her husband is present it is not permissible for her to go out
except with his permission. If he is absent, she may go out solong as
he has not forbidden her to go out and said "Do not go out." If he has
told her not to go out, he has the right todo that. End quote.
Fataawa Noor 'ala ad-Darb by Ibn 'Uthaymeen, 10/298
And Allah knows best.

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