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Fatwa CenterHer husband sent her divorce papers denying that she is pregnant
Question
thank you for ur answering my question
( Fatwa No. : 131401 ) but what should i do now... they sent me the divorce papers and as far as i knw islamically he cant leave me while im still pregnant but he still sent me the paper work . and still i havent talked or seen or heard from him.
not only that it clearly states that we dont have any children born out of this marriage he clearly denied me being pregnant.. what can i do now ? please tell me a dua or something.
please tell me wht to do as soon as possible i only hve limited amount of time remaining to reply back to the letter or else they would rule in his favor dispite everything .
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.
According to the jurists 
divorce during pregnancy is effective. As regards writing words of divorce, then divorce takes place if the husband intends it, or when writing the words of divorce, he uttered them.
Besides, if the husband is absent, and he sent his wife the divorce papers, then two trustworthy witnesses should testify that this is his writing. It is on the basis of the divorce papers and the testimony of witnesses that the wife observes her waiting period. Ibn Qudaamah 
said: “The writing of divorce cannot be confirmed except with two trustworthy witnesses who should testify that this is his [husband’s] writing, In Harb’s narration, Imaam Ahmad was asked about a woman whose husband’s letter [of divorce] was brought to her, “What if the courier [the person carrying the letter] testifies that it is his (her husband’s) writing?”: He answered, “No, unless there is two witnesses.”
Hence, if two witnesses testify that the divorce papers are your husband’s, then you should observe the waiting period of a divorced woman, and the waiting period of a pregnant woman ends by giving birth, as Allaah Says (what means): {And for those who are pregnant, their term is until they give birth.}[Quran 65:4]
On the other hand, it is not permissible for your husband to deny that your fetus is his child, as he is the owner of the bed (i.e. your husband) and it is confirmed that the Prophet said: “The child is for (i.e. traced back to) the owner of the bed (i.e. the legitimate husband)." [Al-Bukhari and Muslim] Therefore, this child cannot be denied by him except by Li’aan [i.e. when a husband and his wife invoke the Curse of Allaah on the liar amongst them in case he accuses her of having committed adultery], otherwise the child will be traced back to him [the father] and he is obliged to spend on him. In any case, the fostering of the child is for you unless you remarry. For more benefit on the persons who are more entitled for fostering, please refer to Fatwa 84618.
However, we advise you to appoint some rational people from your family and your husband’s family to study the matter and try to reconcile between you and your husband. If this happens, praise be to Allaah, otherwise he should separate from you with kindness. Allaah Says (what means): {But if they separate [by divorce], Allaah will enrich each [of them] from His abundance. And ever is Allaah Encompassing and Wise.}[Quran 4:130]
It should be noted that it is not permissible to take the case to courts run by man-made laws except for necessity.
With regard to supplicating, then there is no specific supplication. You may supplicate with any suitable words by which your objective could be achieved. Also, you may supplicate with the supplication of a person in distress as mentioned in the Hadeeth reported by Imaam Ahmad and Abu Daawood that the Prophet said: “Allaahumma rahmataka arjo fala takilni ila nafsi tarfata 'ayn, wa aslih li sha'ni kullahu, la ilaaha illa ant." "O Allaah, it is Your Mercy that I hope for, so do not leave me in charge of my affairs even for a blink of an eye and rectify for me all of my affairs. None has the right to be worshipped except You."
Allaah Knows best.
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