She wants to leave her non-Muslim country, but her husband does not
26-3-2009 | IslamWeb
Question:
Assalaamu alaikum
Me, my husband & children are residing in a non-muslim country. We needed stay here for a legitimate reason in sha Allah, now however that reason has expired. I want to return to our muslim country but my husband says we should stay here a few more years to save money, otherwise we can't afford to buy an appartment there. Is that alright?
Could I travel back with the children without a mahram with the intention of making hijra? Our oldest child is approaching school age, this is making me want to hurry to return. I can practise Islam in this country but I am harrassed alot when I go outside
because of wearing hijab. Also it's me who has to go out to buy almost all food & other things since my husband is working in another town and returning only for weekends. Finding an apartment for all the family in the town where he works is very hard and can take many years. Please advice 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.
We have already issued Fatwa 86405 clarifying the ruling of residing in a non-Muslim country, so please refer to it. Therefore, if you are safe about your religion, you are not obliged to migrate from that country, but since you mentioned that a Muslim may be a stranger in such a country, and he may face some harassment because of observing his religion, especially the woman, in addition to some disadvantages in bringing up the children there, then it is better for a Muslim to migrate to a Muslim country. There is much good in Muslim countries whereby a Muslim may achieve his worldly needs as well as those of the Hereafter, among which is building a flat, and we saw some people who work in a Muslim country and succeeded to achieve more than this.
Therefore, we advise you to try to convince your husband in a good manner in the light of the above, if he is convinced about the matter of migration to a Muslim country, then praise be to Allaah, otherwise you should obey your husband and be patient with him. In which case, you may endeavour to decrease the disadvantages that you face, among which is that he should try to take you to reside in the town where he works, or he should be keen on buying the home necessities that you may need when he comes to you and so forth, in addition to looking for Islamic schools in order to enroll your child there.
However, if you fear to be tempted in your religion by residing there, then you are obliged to migrate to a Muslim country. In which case, you should try to convince your husband and show him the aforementioned Fatwa which states that it is an obligation to migrate in such a case. Then, if he is convinced, praise be to Allaah, otherwise you may migrate even if your husband does not give you permission to do so, and even if you do not find a Mahram to travel with.
For more benefit, please refer to Fatwa 82533.
Allaah Knows best.