A woman performed 'Umrah with her brother without her husband's permission due to a dispute between them; what is the ruling?
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The questioner : Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : A woman asks that she performed 'Umrah with her brother and did not seek her husband's permission, noting that she is living with her family due to a dispute between them; what is the ruling?
The Shaykh : If a woman is with her family due to a dispute between her and her husband, then if the fault is his, he has no right over her. If the fault is hers, she has committed a sin. One must look into the matter; perhaps the fault is his, as he is the one who defied her, the one who transgressed against her, and the one who neglected her rights, in which case he has no right. This is based on the saying of Allah the Exalted:[Al-Baqarah 2:194] and His saying: [An-Nahl 16:126] and His saying: [Al-Baqarah 2:228] As for if she is the one at fault, she must repent and return to her husband's home.
The questioner : And the 'Umrah?
The Shaykh : It is not permissible for her to perform 'Umrah if the fault is hers.
The questioner : Is the 'Umrah she performed valid?
The Shaykh : It is valid, just as I told you: is the fault hers or his?
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : A woman asks that she performed 'Umrah with her brother and did not seek her husband's permission, noting that she is living with her family due to a dispute between them; what is the ruling?
The Shaykh : If a woman is with her family due to a dispute between her and her husband, then if the fault is his, he has no right over her. If the fault is hers, she has committed a sin. One must look into the matter; perhaps the fault is his, as he is the one who defied her, the one who transgressed against her, and the one who neglected her rights, in which case he has no right. This is based on the saying of Allah the Exalted:
So whoever has assaulted you, then assault him in the same way that he has assaulted you
فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْAnd if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed
وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُمْ بِهِAnd due to the wives is similar to what is expected of them, according to what is reasonable
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِThe questioner : And the 'Umrah?
The Shaykh : It is not permissible for her to perform 'Umrah if the fault is hers.
The questioner : Is the 'Umrah she performed valid?
The Shaykh : It is valid, just as I told you: is the fault hers or his?