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Fatwa CenterSeparated from her husband and wants to perform ‘Umrah
Question
salaam the question i want to ask is about umrah i am a 26 year old woman who has a 6 year old son. i have been separated from my husband for 4 yearz. i want to go to umrah this july with my son and my dad. do i have to ask premission from my husband to go to umrah also do i have to ask him if i can take my son with me.
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 
is His slave and Messenger.
If by being separated you mean divorced, then it is permissible for you to travel with your father as your previous husband has no authority or right on you because you became an alien woman to him.
As regards travelling with the child, then the scholars 
stated - in the chapter of fostering- that if one parent of the fostered child wants to travel for a need, then the parent who is resident (among them) is the one who has more right in the fostering of the child, because the child is harmed by travelling.
Based on this, you should not travel with your child without the permission of his father as he is in priority over fostering the child during your travel.
However, if by being separated, you mean that you deserted the house of your husband without him divorcing you, then you are obliged to return to your husband's home as it is not permissible for a wife to desert her husband's home because of his right on you. Nonetheless, if you have a sound reason for doing so, then you may ask for divorce or Khul' (i.e. divorce in return for compensation), but it is no good for you to remain hanged (neither divorced nor married) as there is a harm on you and on him in this, especially in a country where polygamy is prohibited. In this case [if you are not divorced], it is not permissible for you to travel without the permission of your husband if you had already performed your obligatory 'Umrah. But if you have not performed your obligatory 'Umrah, then you may travel with a Mahram (i.e. a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) even without the consent of your husband. In this case, you are not permitted to travel with the child unless your husband consents to it.
Allaah Knows best.
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