A brother would like to flee from a non-Muslim country for the sake of his religion and to seek knowledge but his wife is refusing (to do) that because her previous husband is not cooperating with her in getting passports made for her children from him, this has been the case for five years, so what is your advice for him?
If the fitnah (difficulty) is unbearably great and she has from her children from that man someone who is big (enough) and able to oversee her affairs until Allāh makes a way out, there is nothing wrong with him going ahead whilst she is on the way – in shā Allāh – for indeed some Companions went ahead of their wives.
But if you are able to be patient and try with her husband, then I advise you with this, and not to hasten into separating from her, especially if the woman is righteous and eager to leave with you.
But I do not advise you to intend to make hijrah, perhaps you will not be able to handle it, particularly now with the lack of countries willing to receive those that leave, so intend to flee for the sake of your religion first of all.
Our Sheikh, Muqbil – may Allāh have mercy upon him – used to advise to intend to flee for the sake of your religion and say perhaps hijrah would be too burdensome and our Sheikh Yahya – may Allāh preserve him – also advises with this. Having said that, whoever’s resolve and faith is strong and intends hijrah there will be no difficulty for him and we ask Allāh to grant him patience and complete for him his hijrah.
So, (the matter is) as you have heard: If it is possible to complete the procedure along with persuading her previous husband, then be patient with her until Allāh makes it easy for her to leave with you, but if the fitnah (difficulty) is severe in that country and she has children that can oversee her affairs, then there is no harm in you going ahead whilst she is on the way – in shā Allāh. Ask Allāh to make a way out for you and her.
Answered by: Shaykh Abū Bilāl – may Allāh preserve him
Answered on: 16th Dhul Hijjah 1442 (26th July 2021)
Translated by: Abū Sufyān Sāmi ibn Daniel Al-Ghāni