Ambiguous words of Talaaq

Does the words "Its over" constitute divorce?

Q: On sunday my husband packed up my bags and came and dropped me off at my mother's house, he told me that he feels suffocated in the marriage. He came, left some of my stuff, went back to our home, loaded more stuff, came back, sat with my brother, I was shocked so I wasn't paying much attention to what they were saying but according to my brother, he said ''its over''. I asked him last night what did he mean by saying its over, to which he replied, nobody should come to conclusions and assume what I meant, if any Moulana wants to know why he brought me home, they should contact him and not come up with fatwa's that are not true. My question is, does this count as a talaaq and should my iddat have begun on sunday or is it not counted as talaaq. He did not use the words I divorce you.

Husband telling the wife "meri taraf say azad ho"

Q: I want to know about a problem which has effected me and my life a lot. My husband converted from shiaism although Masha Allah he has improved a lot in Imaan but still he is not acquainted with all sunni procedures. He is a high blood pressure patient and at times he says that please do not make me angry. I become mad in anger and do not know what to do, now the question is that one day on phone during fighting I was telling him that as you during our days of engagement used to say meri taraf say azad ho now do not use such things as it causes separation but he was insisting that Islam is not that tough that in anger if I say so without intention we would be separated, he said when I have to leave you I would use divorce word, we were still fighting that I asked him to let me talk to my mother in law who is still a shia and she said to me that no talaq never happens like this I was talking to her and in the background I heard my husband saying meri taraf say azad hai he was in anger and I think that as to repeat in anger he said this meri taraf say azad hai azad hai I asked my mother inlaw, you heard what he said? She said no I heard nothing he is in anger he talking to himself. I told her the words she said no I heard nothing like that I asked my husband he said I did not say any word to get you separated he said he was in much anger but he swore to Quran and Allah that he had not said azad words and he said he never had any intention of divorce if he had used divorce words. Then I cried and hang up. He called and said do you have Quran with translation and read Ayat 227-230 and said tum bakwas karte ho in Quran its word talaq for separation then he said you just fight for nothing i love you and i do not want to leave you then he gave Quran to aunty who read ahead and told him that in Quran it is allowed to marry 4 yateem girls he told me then i said even halala is also a solution in Quran he said in extreme anger that phir mein tumhein farigh karta hoin phir tum karlo halala. I asked what is yours intention he said shutup you are my wife and i am in anger i do not want to lose you I told him his words he said no i said to phir dafa hojao aur karo halalay and that too so that you shut shut up he swore upon Holy book that he never want to leave me or divorce me he said he was in much anger but he knew that talaq word would separate us thats why he didn't use it. Please tell me my husband says he never said words of separation and even my saas says she had not heard it now what is my condition what about talaq?

Kinaayah words of talaaq

Q: With regards to matter in reference we request your expert advice. Sister Aliya approached our offices on 24 June 2011 with her marital problem. She is married to her husband Malcolm Naidoo for five almost 5 years after he reverted to Islam. Since she married him she has numerous complaints about him not maintaining her or fulfilling her marital rights. The relationship has broken down and they are separated. She claims he is not a practising Muslim, cannot read the kalimah and does not perform Jumuah salaah. She is requesting her Talaaq.

We invited him to our offices the same day and he agreed to come but did not turn up for the appointment. Upon calling him he advised that he is not prepared to accede to her request as  he does not want to shoulder the burden of doing wrong  by divorcing. He maintains he is a Muslim although when questioned about salaah and other basics he was ignorant.

The sister has advised that on several occasions when in conversation with her husband requesting him for a divorce he told her “you are free” and “do what you want”. One such occasion was on Friday 24/6/2011 at our offices. She has submitted a document under oath confirming this. He is not prepared to come to our offices to take an oath to deny the wife’s claim. Please advise on the status of the Nikah.

Uttering an ambiguous word which could imply talaaq

Q: I am actually taking a fiqh course on marriage and divorce but I still don't understand the concepts and I would like to get a second opinion on a question where there is a difference of opinion. If a person uses metaphors of divorce statements with the intention of "wanting to divorce" in the future tense but not to issue a divorce on the spot, are these statements considered in hanafi madhab?  My understanding is that they will not count because divorce was not issued on the spot but I read somewhere that it does. Can I please get a second opinion?