سفر الزوجة : دراسة مقارنة

Abstract EN

When it comes to the travel of the wife, the issue takes two aspects: the wife may travel with her husband, or she may travel alone.

With regard to her travel with her husband, forcing her to travel depends on several things, namely: the existence of an interest in this travel, the ence of harm to the wife caused by him.

The ence of a legitimate excuse for the wife to invoke, and the ence of a condition in the marriage contract that prevents her travel with her husband.

Finally, the nature of the husband's work has an important role in this respect; as for her travel alone, the fixed principle is that the woman does not travel alone without being accompanied by a husband or a 'mahram', and that her travel is in this situation is for several reasons: the wife may travel to meet the need of her husband, or to meet a need of her own, or that her travel is to visit her relatives or to perform worship like Hajj or Umrah.

Islamic law has given great attention in the provisions of the wife's travel, but the positive laws were less subject to this issue, which leads us to directly intervene and address this deficiency in this paper.