`Allâmah Zayd bin Muhammad al-Madkhalee (died 1435)
at-Ta`leeqât al-Jiyâd `alâ Kitâb Tatheer-il-I`tiqâd, page 150
Question: Can a woman take her kids and make Hijrah from a disbelieving to an islamic country without her husband – who keeps delaying the Hijrah?
Answer: If her husband is a muslim, she must obey him and advise him that the whole family makes Hijrah – so that the marriage bonds are not cut. That would adversely affect the whole family. She is excused because her husband is preventing her. She can’t manage to do it without being harmed. Allâh تَعَالَى said:
إِنَّ الَّذِينَ تَوَفَّاهُمُ الْمَلآئِكَةُ ظَالِمِي أَنْفُسِهِمْ قَالُواْ فِيمَ كُنتُمْ قَالُواْ كُنَّا مُسْتَضْعَفِينَ فِي الأَرْضِ قَالْوَاْ أَلَمْ تَكُنْ أَرْضُ اللّهِ وَاسِعَةً فَتُهَاجِرُواْ فِيهَا فَأُوْلَئِكَ مَأْوَاهُمْ جَهَنَّمُ وَسَاءتْ مَصِيرًا إِلاَّ الْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاء وَالْوِلْدَانِ لاَ يَسْتَطِيعُونَ حِيلَةً وَلاَ يَهْتَدُونَ سَبِيلاً فَأُوْلَئِكَ عَسَى اللّهُ أَن يَعْفُوَ عَنْهُمْ وَكَانَ اللّهُ عَفُوًّا غَفُورًا
“Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): “In what (condition) were you?” They reply: “We were weak and oppressed on earth.” They (angels) say: “Was not the earth of Allâh spacious enough for you to emigrate therein?” Such men will find their abode in Hell – What an evil destination! Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way. For these there is hope that Allâh will forgive them, and Allâh is Ever Oft Pardoning, Oft-Forgiving.” (4:97-99)
She is considered to be weak. She must stick to her husband and advise him that the whole family makes Hijrah from a disbelieving country with no good in it to an islamic country. Even though there is both good and evil in the islamic countries, they are still islamic countries – and not disbelieving ones.