Husband works and lives in other country

20-8-2017 | IslamWeb

Question:

Assalaamu alaykum. I have been married for six years and have two little kids. Ever since we got married, my husband and I live seperately in two countries due to his job. He visits us once a year and spends about a month of time with us. We have not ever lived together for three months as he is working abroad. I have managed to live by myself the last six years but find it difficult to do so now with two little children. So I asked him to return to us and live together. However, it seems that he does not want to leave his job for no apparent reason. He says that he needs two or three more years to return to us. I do not know what to do. Please show me a way out of this issue. May Allaah bless you.

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Answer:

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

You have the right as a wife that your husband does not stay away from you for more than six months except with your permission, as scholars of Fiqh stated and as we have previously underlined in fatwas 84073 and 88642. They said that after six months, if the wife asked her husband to come back, he is obliged to do so. It is impermissible for him to refuse without a valid excuse.

Ibn Qudaamah wrote, "If the husband travels and stays away from his wife for more than six months and she asks him to come back, he is obliged to go back unless he has an excuse. If he has no excuse and she requests a divorce, she is granted the divorce." [Al-Muqni‘]

Our advice to the spouses is that they should try to reach a mutual understanding in such matters and to do what serves the best interests of them both. It is better for the husband to have his wife with him wherever he lives.

Allah knows best.