Excerpt: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zaheer Aman Puri
Question:
If the husband dies during minority, is the woman entitled to the dowry and maintenance?
Answer:
In this case, the woman is entitled to the full dowry and inheritance, and she will observe the waiting period of four months and ten days after her husband's death. She is not entitled to maintenance and housing; however, if the widow is pregnant, she is also entitled to maintenance and housing until childbirth.
❀ Allah Almighty's command is:
﴿وَإِنْ كُنَّ أُولَاتِ حَمْلٍ فَأَنْفِقُوا عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ﴾
Reference: (Al-Talaq: 6)
"When women are pregnant, their maintenance is obligatory upon you until they give birth."
❀ Sayyida Fatimah bint Qais (may Allah be pleased with her) was given three divorces, and the Prophet Muhammad (peace be upon him) said:
لا نفقة لك إلا أن تكوني حاملا
"There is no maintenance for you unless you are pregnant."
Reference: (Sunan Abi Dawood: 2290, and its chain is authentic)
❀ Imam Ibn Shuhab al-Zuhri (may Allah have mercy on him) states:
المبتوتة لا تخرج من بيتها حتى تحل وليست لها نفقة إلا أن تكون حاملا فينفق عليها حتى تضع حملها
"A woman who has been given a revocable divorce will not leave the house until her waiting period is over. She will not have maintenance, but if she is pregnant, then the husband is responsible for her expenses until childbirth."
Reference: (Muwatta Imam Malik: 837/4)
❀ Imam Malik (may Allah have mercy on him) states:
هذا الأمر عندنا
"This is also our position."
Reference: (Ibid)
If the widow or the woman with a revocable divorce is pregnant, she is entitled to food and maintenance.
