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Fatwa CenterHusband sent her the divorce papers but she did not sign them
Question
My husband married a KAFIR, i asked him to divorce her but he told me no matter what he will not do so,recently i heard rumors that the KAFIR is pregnant, i confronted him, he denied then he left me without a word after one day my parent informed me my husband called them and told them that he is going to divorce me which only mean one thing to me,he choose the KAFIR instead of me. as of now we are on the process he send me copy of divorce agreement signed by him till now i didnt afixed my signature on that but i made my own counter agreement to date is still with me and i havent seen my usband from the day we argued. what will i do?
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.
If this woman is a non-Muslim and she is not from the People of the Book, then his marriage to her is void according to the consensus of the scholars 
. In which case, he is obliged to separate from her but if she is a non-Muslim but she is from the People of the Book [i.e. either a Christian or a Jew], and she is chaste, and he married her with the consent of her guardian, then his marriage to her is valid; for more benefit, please refer to Fatwa 84456.
However, he is obliged to be just between you and her but it is not permissible for you to ask him to divorce her.
As regards what you mentioned about him that he wrote and signed a divorce paper, then if a husband writes or signs the divorce paper, then this is a metaphor of divorce as clarified in Fatwa 118112. In which case, if the husband intended divorce, then divorce takes place whether or not the wife signed this divorce paper because in Islam divorce is in the hands of the husband as we clarified in Fatwa 90056.
What you can do now is to contact this man and ask him, or that your guardian contacts him in order to find out from him about the matter of the divorce which he wrote. Therefore, both of you should either reconcile between yourselves or separate in kindness. However, if you do not hear about him, then you should take the matter to one of the Islamic centres who follow the methodology of Ahlus-Sunnah wal-Jamaa’ah so that they would study the matter and repel the harm off you [i.e. by granting you divorce].
Allaah Knows best.
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