Sending Wife and Children to Palestine While He Completes Studies in US Fatwa No: 83940
- Fatwa Date:6-4-2002
I am a married man and I have three daughters. I came to study in the USA before two years and my family is with me. My wife delivered a baby girl before a month ago, thank God. The expenses were very high and I am running out of money. Can I send my wife and children back to Palestine to live with her family for one year until I finish my studies here so that I can pay for the unexpected expenses? I tried to find a job in an Islamic country but I failed. The situation in Palestine is dangerous but I believe in ALLAH and that bad things could happen whether they go to Palestine or they stay here.
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 is His slave and Messenger.
In principle, it is forbidden for a woman to travel without being accompanied by a Mahram (unmarriageable person) or her husband. The Prophet said: “No woman who believes in Allah and the Last Day should travel a distance of a day and night journey unless her Mahram is with her.” [Al-Bukhari and Muslim, narrated by Abu Hurayrah]
A woman needs one who helps her at the time of boarding and getting down in a journey. And only a husband or a Mahram can do it perfectly.
Moreover, the journey is of two kinds: whether it is an obligatory one or permissible one. The Journey for Hajj is an obligatory one and the journey that is neither for Hajj nor for any forbidden purpose is a permissible one. This is the opinion of the majority of Muslim scholars from the Four Schools of jurisprudence and others.
There is a weak opinion in the Shaafi'i School of jurisprudence that a woman can travel for a permitted journey with a trustworthy group of women. Since the purpose of traveling with the company of a Mahram is to be safe, this can be obtained with a group of women according to this opinion.
The preponderant opinion to us – Allah knows best – is that traveling without being accompanied by a Mahram is impermissible for the above Hadeeth narrated by Imams Al-Bukhari and Muslim.
However, if there is a necessity, it is permissible provided that she travels with a righteous group of women; there should be safety for her and she herself should be a righteous woman.
Based on the above details, if you cannot afford to keep her in the country where you are living, then she may travel fulfilling the above conditions. In spite of that, if you be patient, perhaps Allah may make a way for you to get out from every difficulty and they may be able to remain with you.
Allah knows best.