What is the ruling regarding maintenance for a woman who is divorced without consummation and has no right of reconciliation, if she is pregnant?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the separated woman is pregnant, she is entitled to maintenance. This is because she is separated from a valid marriage during her pregnancy, thus maintenance is due to her, similar to a woman divorced thrice or one seeking Khul'.
Supporting text
There are two narrations regarding residence (sukna) in this case. Al-Qadi states that in one opinion, she has no maintenance if she is pregnant because she is separated from a corrupt (fasid) marriage. The scholars of Al-Shafi'i hold a similar view in one opinion. However, in another narration, she is entitled to maintenance because the maintenance is for the fetus, and the fetus is connected to her, notwithstanding the marriage being deemed corrupt, which we have previously clarified as being valid.