What is the maintenance obligation of the missing husband toward his wife after separation by a judge or otherwise, if she is pregnant?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the husband separates from her by judicial decree or otherwise, she has no maintenance unless she is pregnant. The obligation for maintenance hinges on whether it is for the fetus itself or for her sake on account of the fetus. If it is for the fetus, she receives maintenance because the lineage of the fetus attaches to him, making the obligation to support his child necessary. If the maintenance is for her sake due to the pregnancy, she receives no maintenance because she is not in a valid marriage, resembling the case of a child conceived through a suspicious connection (Shubahah).