Waiting period and rights of a pregnant wife after Khul`
11-6-2009 | IslamWeb
Question:
As Salaamu Alaykum please help me for I am in need of a correct answer. I was married for a year and half i pronounced kula only to find out i was pregant two days later. When i told my ex he said that he would remarry me, but he didnt. He told me that he does not have to do anything for this baby until it is born. Can you please tell me if i have an iaddah, and what my rigths are while being pregant. He told me that he is with someone else, and i dont know what to do. Is he actions according to the sunnah, and i am left to go through this pregancy alone.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It might be that you mean that you are divorced from your husband because of you asking for Khul’. If this is the case, then it is an obligation on a woman who is in Khul’ to observe a waiting period; the majority of the jurists 
are of the view that her waiting period is the same as the waiting period of a divorced woman as we clarified in Fatwa 92487.
Since, you are pregnant; your waiting period is until you give birth as we clarified in Fatwa 84751.
Khul’ takes effect as one irrevocable divorce (with minor separation), and a husband is not obliged to spend and accommodate his wife who is in a irrevocable divorce if she is not pregnant. Therefore, this man should spend on you until you give birth and he is obliged to accommodate you. However, he becomes a non-Mahram to you and it is not permissible for you to live with him in a house where he may see you [without you wearing Hijab], but if he is in a part of the house that has separate amenities and a separate entrance, then this is permissible.
However, if by asking about your husband’s situation, you refer to his marriage to a second wife, then he is permitted to do so. If he wants to take you back, he may do so with a new contract, and he is obliged to be just between you and his second wife.
Therefore, we advise this husband to marry you and we advise you to endeavour to this effect if he is religious and has a good moral conduct. Allaah has blessed both of you with a child who needs the nurturing of both of you, and you should both avoid anything that may be a reason of dissension.
Allaah Knows best.