Question Summary:
please explain khulla and divorce.

Question Detail:

please explain khulla and divorce.
1 - If a wife bother her husband to divorce her because their marriage is concealed and not willing to tell every one is this a right ground to ask for divorce?
2-  when wife continually ask for divorce and husband does not want  any thing back and put a condition that get your period first then.  wife continue asking for divorce and husband  unwillingly give the divorce  because  of wife demand is this will consider khulla or divorce?  even though husband try to stop her that he doesnt want to but wife was stubborn.
3-  Please explain if husband is not agree to take back the mehr or anything else and unwillingly accept the khulla verbally because wife demand for divorce what is this will be consider khulla or divorce? bear in mind he does not want the matter to be out in public or doesn't want that wife go to local ulma so he agreed.
4- if husband give divorce in the above condition then what type of divorce.

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
1)  A secret marriage is against the spirit of Islam. A marriage should be an open matter and announced to at least the members of the community. Rasulullah (sallallahu alayhi wassalam) said, “Announce the nikah”. If a husband conceals the marriage, the wife is placed in a very uncomfortable situation. She will have to conduct herself as thought she is unmarried while in reality she is. This is unfair to the woman while the husband enjoys the comfort of her companionship. In the circumstances, the wife’s insistence on divorce is understandable.
2)  If the husband issued the divorce unwillingly, then too it is valid.
3&4 )If the wife requested Khula and the husband verbally agreed to the Khula unwillingly, then too it will be valid. That will constitute as one Talaq-e-Bain.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah