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Wants to perform ‘Umrah, but her husband does not permit her

Question

My husband is away from me and I am planning to perform umrah with my son and brother. the problem is that he has stopped talking to us for reasons he told a family friend he is annoy with me because he heard something I did not tell him off. I have tried in vain but he wont talk to me. Even sent him a email telling him of my intension to perform umrah but he would not reply. Can I go ahead to perform my umrah. I have wait so many years for this opportunity. I had no muhram but now I have. Should I go ahead?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If you had not performed your obligatory ‘Umrah before, it is permissible for you to go for ‘Umrah without your husband’s permission as long as you travel with your Mahram (i.e. a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) because according to the view of many jurists  may  Allaah  have  mercy  upon  them ‘Umrah is mandatory.

The jurists  may  Allaah  have  mercy  upon  them stated that a husband has no right to prevent his wife from the obligatory ‘Umrah. However, it is desirable for you to seek his permission, so try your best to do so.

On the other hand, if your ‘Umrah is optional, it is not permissible for you to travel without his permission. For more benefit, please refer to Fatwa 81584.

Allaah Knows best.

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