Is a non-Muslim wife (Harbiyyah) who entered under a truce and married a Dhimmi allowed to return to her land if she wishes?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a Harbiyyah woman enters under a truce (aman) and marries a Dhimmi in our land, she is not prevented from returning if her husband agrees or divorces her. The legal basis is that the marriage contract is one which the husband is not obligated to maintain residency for, therefore it is not obligatory for the wife either, similar to a rental contract. This position is held by the author's school of thought.

Supporting text

Abu Hanifa ruled that she must be prevented from leaving.