Can a wife, who has the right to refuse consummation, travel without the husband's permission?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 9 · Bab 1

Open in Qurani

Primary text

In every situation where the wife has the right to refuse to surrender herself, she is permitted to travel without the husband's permission. This is because the husband's right to retain custody (Habs) has not been established over her, making her status akin to that of a woman without a husband.

Supporting text

If even a small portion of the dower remains unpaid, it is treated the same as if the entire dower remained unpaid. This is because whoever establishes the right of retention based on the full consideration established that right based on a portion, mirroring the status of other debts.