QUESTION

A Muslim woman desires to make hijrah from one American city to another, as she feels that her Deen is in jeopardy if she remains in her city. Her past experiences have affirmed this fear. However, she is in her 'iddah from a divorce, and her husband is incarcerated and may remain incarcerated for up to four years. She has no other male family members to travel with. Can she travel with another Muslim family (a man and his wife) to this new city? Does she need her incarcerated husband's permission to travel, while he does not maintain her in any sense of the word?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

She may travel with the following conditions:

(1) that she is sure that this new city is safe for her to live in

(2) that she has her husband's permission to travel

If he does not grant her permission to travel, then she may not travel. This is because her husband may be allowed to have a conjugal visit by his wife in the prison.

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA021, dated 1423/7/20.

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