Is spousal maintenance (Nafaqah) obligatory in a void marriage (Nikah Fasid)?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Maintenance is not obligatory upon the husband in a void marriage because a valid marriage contract does not exist between them. If the husband divorces her or separation occurs before consummation, no waiting period (Iddah) is required. If separation occurs after consummation, Iddah is required, but she is not entitled to maintenance (Nafaqah) or lodging (Sukna) if she is not pregnant. If she is pregnant, the obligation for maintenance continues based on the principle that if it is obligatory after separation, it is more appropriate before separation. Any maintenance provided to her, either before or after separation, is not recoverable from her because if the husband knew the obligation was absent, he is a volunteer; if he was ignorant, he was negligent and cannot recover it, similar to one who spends on a stranger.
Supporting text
In cases of coitus under a misconception (shubha) or similar scenarios where the offspring is not legally attributed to the man, he is not obligated to provide maintenance, whether she is pregnant or not, due to the absence of a valid marriage contract and non-attributable offspring.