What are the consequences for a wife's division and maintenance rights when she travels with the husband's permission?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 9 · Bab 1

Open in Qurani

Primary text

If a wife travels with her husband's permission for her own needs, such as trade, visiting, voluntary Hajj, or Umrah, her rights to maintenance (nafaqah) and division cease. This is because the division is for companionship, and maintenance is for granting enjoyment, both of which are rendered impossible by her travel initiated by her, analogous to impossibility arising before consummation. If the husband summons her or orders her relocation for his need, her rights to maintenance and division do not cease because she did not cause the prevention of enjoyment; rather, it occurred due to his action, similar to a buyer not forfeiting the right to payment if he destroys the item before receiving it. In this case, she is compensated according to the time he spends with her co-wife. If she travels with him, she retains her rights concerning both wives.

Supporting text

Al-Kharqi and Al-Qadi hold that both rights cease. Abu Al-Khattab holds two differing views. Al-Shafi'i also has two opinions, one of which states her rights do not cease because her travel was authorized by him, similar to traveling with him. It is agreed upon that if she travels without his permission, both rights fall due to disobedience (nushuz).