In the name of Allah, we praise Him, seek His help and ask His forgiveness. Whomever Allah guides, no one can lead him astray, and whomsoever He allows to go wrong, no one can guide him. We bear witness that none is worthy of worship except Allah and that Muhammad (peace be upon him) is the last of His servants and Messengers.
There is nothing wrong or sinful on both sides of the couple united in the sacred bond of marriage, and both agree and accept that they will have to be separated for a long time for some fundamental reason and reason. As if one of them is studying or working abroad etc.). Such a separation does not automatically affect the marital status of the couple.
Suppose either party (husband or wife) does not accept or reject such separation. In that case, that party is entitled to their permanent separation through the institution of divorce by their rights in Shariah. Could you get it?
Everything written about truth and benefit is only with Allah’s help and guidance; whatever is wrong is only mine. Allah knows best, and He is the source of power.
Wife’s agreement to stay away from her husband for more than six months
If the wife does not agree to stay away from her husband for more than six months, then the case should be referred to the judge (judge) so that he can correspond with her husband and order her to return. If he does not back down, the judge may rule as he sees fit by divorce or annulling the marriage. This applies whether the husband is traveling and absent for some reason, such as needing money and not being able to find work in his country, or if there is no excuse but because of a love of money. Yes, as stated in the question.
But the difference between having an excuse and not having an excuse is that if the husband has a reason, it is not obligatory to go back to him, and if he does not go back, he is not guilty.
But if he has no excuse, he must return; if he does not return, he is sinning.
In both cases, the wife has the right to seek a divorce to harm herself.
It is not permissible for a husband to harm his wife. Allaah says (interpretation of the meaning):
“But do not take them back to hurt them.” [al-Baqarah 2:231]
“either take them back in a good manner or part with them in a good manner.” [al-Talaq 65:2]
How long can a husband and wife live separately?
It says in Kashshaf al-Qina` (5/193):
“If the husband travels and leaves her due to some excuse or need, then his right to share his time and closeness is lost, even if his journey is long because there is an excuse.” The traveler should not have any reason to stop him from returning, and he should be absent for more than six months. Of, he said::
While Umar(R.A) was patrolling in Madinah During his Ruling, he passed by a woman who was saying:
“The night is getting darker and darker because I don’t have a partner to play with.
I swear to God, if it were not for the fear and humility of God, this bed would have been shaken under me.
When asked about it, she was told that she was so-and-so whose husband was absent in the way of Allah. He sent a woman to stay with him, and he sent her husband back. Then Hafsa went to him and said: O, my daughter, how long can a woman bear to be away from her husband? He said: Subhan Allah, will anyone as you ask me about it? He said: I would not ask you if I did not want to decide about the Muslims. Did he say: Five months or six months? So he set a time for the people to campaign for six months: they would march for a month, stay there for four months, and take another month to return.
Suppose he does not have an excuse, for example. In that case, he is traveling to acquire knowledge, or he is on a pilgrimage, or he is on a pilgrimage, or he is looking for the necessary sustenance. He does not need to return because The result is an excuse. The judge may ask her to return in writing, but if she refuses to return after the judge has written, the judge may annul her marriage because he has failed to do so. Due to this, the duty which is required has been damaged. He and his wife. “
In al-Mausu’ah al-Fiqhiyyah (29/63) it says:
If the husband is absent from his wife for a long time under any pretext, he has the right to demand separation from her, but if for any reason, he does not have the right to do so. [This is the view of Hanbali].
Owners believe that if a man is absent from his wife for some time, he has the right to demand separation from her, whether the trip is valid or not, as his right to intimacy is obligatory. “
Sheikh Ibn Jabreen (may Allah have mercy on him) was asked: I am a young man living abroad, and I am married, praise be to Allah, but the country in which I work allows only a few employees to bring their wives ۔ What is the Islamic ruling on this, as the employment is only for one year or fourteen months, of course?
He replied:
“Some companions have fixed the limit of the husband’s absence for four months and some for half a year, but this applies only when the wife asks her husband to return. If she refuses, she must return. If she refuses, she has the right to refer the matter to the judge and annul the marriage, but if she wants to keep her husband. Even if he gives permission, if it is for an extended period and more than one or two years, then there is no harm in it because it is his right which he has revoked, so long as he agrees to leave it. She can only demand revocation if her provision, clothing, and other necessities are ensured, and Allah is the power source. ” (Fatawa Islamiyah, 3/212)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a married man who had children with his wife. He says: I traveled from my hometown to improve my condition, absent for almost three years. Please note that I have never stopped sending money and am in constant contact with my wife. Does he have any rights in Shariah, and what are they? Is there any sin in me?
He (may Allah have mercy on him) replied:
“A wife has a right over her husband to enjoy intimacy and be with him, as is usually the case. If he stays in a safe place with no fear of anything happening to him, then there is nothing wrong with him because he has the right, but if he agrees to give it up, he is entirely safe. There is nothing wrong with her staying away for three years or more or less, but if she asks him to come back, the matter should be referred to the judges so they can rule as per the rules of Allah. May the glory and exaltation of Allah be with you. ” (Fataawa Noor al-Darb)
To sum up: If the husband stays away from his wife for more than six months, then there is no problem if his wife agrees to him and he leaves her in a safe place. If she disagrees, she can send her case to the Sharia judges to determine if her husband has an excuse to return, or the marriage may be annulled.
The husband must understand how his absence will affect his wife and children, and he must present his interests and care before acquiring wealth if he has enough income in his country. Yes, because nothing can compensate for one’s religious loss. Commitment No wealth or luxury can do for it. How many families have seen their young sons deteriorate without a father? May Allah keep us safe and sound.
We advise you to fear Allah and take care of your wife and children. And do whatever you can to find some money from which you can return to your country or bring them with you because the wife and children have rights, and tomorrow you will be before Allah for this flock. I will be responsible.
We ask God to help you and us.