now for AQ's feedback on Mufti Nizamuddin Sahab's fatwa -
firstly, i only speak for myself, regardless of what people with star studded eyes think about who or what or which side i supposedly represent or stand against. it's a no-brainer i'm not a mufti, so my opinion is just that - an opinion.
1. the audio clip of obaidullah seems like blatant brown nosing as far as mannerism and tone goes, but that's only my subjective judgment and irrelevant to the textual ifta.
2. his textual istifta gives his reason and intention as protecting Muslims from mobs of kuffar (apparently in the times of riots*) and indictment against the kuffar and establishing hujjah against them using their own role model, thereby deterring them from harming Muslims, all at the request of fellow Muslims.
3. it is very tempting to go with "gut feeling"and conjecture that he's a politician and that by default means he is lying, however in a matter such as takfeer, we need clear EVIDENCE to prove he is lying. that he said that he was looking forward to meet morari from the 90's simply doesn't establish that he lied about point 2. above (despite what i feel about his verbal gestures in the audio and despite the fact that the audio isn't factored into the written fatwa).
4. therefore, unless we have EVIDENCE to suggest otherwise, we have to go with his defense of himself and his stated intentions in his istifta, as the rule is to go to maximum extent possible to avoid takfeer. and yet, despite knowing the communal riots backdrop, i can't get over his audio (assuming it is really his voice), i can only adopt sukoot on the guy, till i get another Mufti's (i won't get it from Bareilly or Mubarakpur) opinion on his indictment of hindus cum purported praise and adoration of ram and morari - (if you have a problem with my stance thus far, and i'm just a common nobody, you should also note that NO respectable Mufti sab on this or that side states SPECIFICALLY that obaidullah is a kafir, NOT Mufti Nizamuddin sahab and NOT Mufti Akhtar Raza sahab, although if i was obaidullah, i would most certainly do tajdeed-e-iman and nikah)
5. his usage of imam-e-hind for ram doesn't necessarily have to be taken in a negative way against him. the Quran mentions aimmatal kufr in 9:12
6. my gripe is with his portrayal of jihad as something merely for self defense. this apologia a major bid3ah of misguidance in these post 9/11 times. he shouldn't have touched on the topic of jihad in his speech, and even if he did touch on it, deliberately or accidentally, at a sensitive time (riots etc.) fast forward to this day, Mufti Nizamuddin sahab SHOULD have clarified now, that jihad can be offensive too. why should we feel shy from our religion when the kuffar openly state they go to war to spread democracy. Mufti Nizamuddin Sahab should have asked him to do tawba from this bid3a, even if it was committed in distress in troubling times. it may be hubris on my part, but i believe Mufti Nizamuddin Sahab was wrong there for not highlighting an ugly bid3ah of misguidance. i will also get another non-Bareilly and non-Mubarakpur (non-desi) mufti's opinion on his conflating the jihad with ram and sita and qayamat issues.
* apparently it was godhra riots time.
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i called the guy another tahir in an impulsive moment. in retrospect, i think he being a politician has very tight ropes to walk on - which goes back to my initial post on this thread - our 3ulema HAVE TO establish guidelines on just how far we can and can't go as Muslims in political discourses in countries like india. considering the riot times and his stated aim to protect Muslims, i don't think he is like tahir, on that particular count at least. (unless it's his habit)
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Allah knows best. and if i have uttered any kufr knowingly or unknowingly in this post, i seek His refuge and forgiveness and renew my faith by the shahada laa ilaaha il Allah Muhammadur Rasool Allah. i take contemporaries with a pinch of salt. i resign my opinion on this guy or this matter to what would be the Prophet's 3alaihis salam, opinion on this guy and this matter, and on all guys and all matters.