What are the rights (residence and maintenance) of a woman who has been divorced by an irrevocable divorce (talaq bain) while pregnant?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
A woman who is divorced by a final, irrevocable divorce—whether triple divorce, divorce by khul', or dissolution by annulment—is entitled to both residence (sukna) and maintenance (nafaqa) if she is pregnant. This is based on the scholarly consensus due to the verse: 'Settle them [in a residence] where you reside, according to your means, and do not harm them to restrict them. And if they should be pregnant, then spend on them until they deliver their burden.' (Quran 3:6). The pregnancy necessitates maintenance because the child is his, and maintenance for the child requires maintenance for the mother, analogous to nursing wages.