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Fatwa CenterCompensating Pregnant Wife Who Wants Divorce
Question
A pregnant woman asked her husband to divorce her for some reasons. Should he pay her Nafaqah during her pregnancy?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
When a husband divorces his wife, the wife's monetary rights are as follows:
First, giving her compensation; i.e., sum of money a husband gives his wife according to his capacity. Allah Says (what means):
• {But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.} [Quran 2:236]
• {And for divorced women is a provision according to what is acceptable - a duty upon the righteous.} [Quran 2:241]
Second, paying her delayed Mahar (bridal money) if the husband did not pay at the time of marriage contract. Since the delayed Mahar is considered a debt upon him that he has to pay at the time of separation.
Third, if the divorce is a revocable one; i.e., the first or second divorce, then he has to provide her expenses and accommodation during her Iddah (waiting period). In this condition, she is still considered a wife because he can bring her back to conjugal life. The same ruling applies if she is pregnant since the Iddah of a pregnant woman is till giving birth.
Allah Says (what means): {Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth.} [Quran 65:6]
The divorced woman should be paid the wages of breast-feeding during that period based on Allah's Command (which means): {And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.} [Quran 65:6]
On the other hand, if a wife demands divorce without any reason and without being harmed by her husband; then, in this case, a husband can stipulate that his wife gives up all her rights or some of her rights; this is what is called Khul’.
For more benefit on the rights of a divorcee, please refer to Fataawa 83934 and 86603.
For more benefit about Khul’, please refer to Fataawa 89039, 297739, 131953, 276691, 205168, and 168545.
Allah knows best.
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