The ruling on being absent from one's wife for a long period in pursuit of livelihood
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Question:
After that, we move on to the message from Sudan. The questioner: (A. A.) says: Your Eminence! Many people are driven by their living conditions to seek migration, leaving their wives behind and contenting themselves with sending money without considering returning, and disregarding the wife's rights. The question: What is the legal ruling, and what is the maximum duration for a husband's absence from his wife at the minimum? May Allah reward you with good.
Answer:
As far as we know in the Shari'ah, there is no fixed limit for this. However, he must respect her rights. If he travels to seek livelihood and earns a living, then sends her her needs and expenses, there is no harm. If he fears for her safety while she remains alone, he must take her with him, or stay in the country and seek livelihood in the country where she is, or divorce her. As for neglecting her and wasting her, that is not permissible; it is reprehensible and not permissible. Rather, he must provide for her, or appoint someone to provide for her, and go to seek livelihood if there is no work in his country. He goes to seek livelihood in another country and sends her her needs and expenses, or takes her with him. All of this is obligatory upon him, unless he is not pleased with her and does not want her; in that case, he divorces her with one divorce. Livelihood is with Allah. Allah says: : [Al-Nisa: 130].
And if the travel is in the path of Allah, or in the path of jihad, then he is commanded to obey the rulers. 'Umar (may Allah have mercy on him) , when he sent them out, would set a limit of six months for them, and then they would return to their families. This was part of his independent legal reasoning. So if the ruler sets six months for them, or four months, if the travel is by the order of the ruler, there is nothing wrong with it. They should be patient and go for six months... or four months, according to what the ruler determines, with the maximum being six months, as 'Umar did, and then he returns to his family.
However, if it is possible for his wife to travel with him to the country, to the country of work to which he was sent, such as an ambassador or the like, he should travel with her; to protect her from evil, to fulfill his desire and her desire, and to protect both of them from evil. He is in need of her, and she is in need of him.
But if there are obstacles to traveling with her, he should send her expenses and strive to return to her quickly. If she requests separation, this is referred to the Shari'ah court. If he falls short in her rights and wrongs her, it is referred to the Shari'ah court to look into this matter. But he must fear Allah and not put her in a position where she has to go to court. He must fear Allah and reconcile with her in a way that does not harm her. Yes.
The presenter: May Allah reward you with good, O Shaykh.
After that, we move on to the message from Sudan. The questioner: (A. A.) says: Your Eminence! Many people are driven by their living conditions to seek migration, leaving their wives behind and contenting themselves with sending money without considering returning, and disregarding the wife's rights. The question: What is the legal ruling, and what is the maximum duration for a husband's absence from his wife at the minimum? May Allah reward you with good.
Answer:
As far as we know in the Shari'ah, there is no fixed limit for this. However, he must respect her rights. If he travels to seek livelihood and earns a living, then sends her her needs and expenses, there is no harm. If he fears for her safety while she remains alone, he must take her with him, or stay in the country and seek livelihood in the country where she is, or divorce her. As for neglecting her and wasting her, that is not permissible; it is reprehensible and not permissible. Rather, he must provide for her, or appoint someone to provide for her, and go to seek livelihood if there is no work in his country. He goes to seek livelihood in another country and sends her her needs and expenses, or takes her with him. All of this is obligatory upon him, unless he is not pleased with her and does not want her; in that case, he divorces her with one divorce. Livelihood is with Allah. Allah says: :
But if they separate [by divorce], Allah will enrich each [of them] from His abundance
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِAnd if the travel is in the path of Allah, or in the path of jihad, then he is commanded to obey the rulers. 'Umar (may Allah have mercy on him) , when he sent them out, would set a limit of six months for them, and then they would return to their families. This was part of his independent legal reasoning. So if the ruler sets six months for them, or four months, if the travel is by the order of the ruler, there is nothing wrong with it. They should be patient and go for six months... or four months, according to what the ruler determines, with the maximum being six months, as 'Umar did, and then he returns to his family.
However, if it is possible for his wife to travel with him to the country, to the country of work to which he was sent, such as an ambassador or the like, he should travel with her; to protect her from evil, to fulfill his desire and her desire, and to protect both of them from evil. He is in need of her, and she is in need of him.
But if there are obstacles to traveling with her, he should send her expenses and strive to return to her quickly. If she requests separation, this is referred to the Shari'ah court. If he falls short in her rights and wrongs her, it is referred to the Shari'ah court to look into this matter. But he must fear Allah and not put her in a position where she has to go to court. He must fear Allah and reconcile with her in a way that does not harm her. Yes.
The presenter: May Allah reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.