aH, jazak Allahu khayraa for the reminders.
but as soon as the bareilly/mubarakpur angle was brought in, he probably lost his way.
i think we both don't mince our words and are straight shooters. so here's my thing on THIS issue:
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1. i've been told there is a technical and fiqh difference between
kuffar ke devtaon ko izzat dena sareeh kalimae kufr hai
and
kuffar ke devtaon ki tareef karna kufre sareeh hai
it seems according to the other side, that the muftis who signed the first fatwa from the Bareilly side are not dummies. the fatwa was changed (by pen) due to reasons of some fiqh technicalities and implications, and not just to tally with Ala Hazrat's own wording. apparently it was a carefully engineered change to handle possible future rebuttals or currently existing rebuttals.
my sarcasm in this comment was lost on inquisitive and maybe you too
that's simply beautiful and heart warming, brother inquisitive - the desire to copy paste exactly from Fatawa Ridawaiyya and avoid as much as a synonym.
apparently (and this is what i've come to know from the other side) there are legal and fiqhi technicalities between "tareef karna" and "izzat dena" and between "sareeh kalimae kufr" and "kufre sareeh". i don't know what they are, and will need my time to do my reseach.
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2. it seems that the Mubarakpur side genuinely believes that what obaid did was "tareef" and not "izzat" and there are fiqh technicalities he can get off on, notwithstanding his affidavit on his intentions. and that's why the other side changed the wording of the fatwa.
apparently there are treatises from fuqahaa like Ibn Humam and Ibn Nujaym or others on this issue. (i need to research on this issue)
it seems to the Mubarakpur side that the Bareilly side simply can't issue a DIRECT & SPECIFIC fatwa of riddah on obaid for these and some other reasons.
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i respect mawlana akhtar raza khan and mawlana nizamuddin as sunni ulama. but i don't accept everything they say as a blind muqallid. alHamdulillah, i can refer to books of shuruh and usul and do research on citations by myself; and i don't accept everything they say without any reservation, particularly if i find the argument/reasoning unconvincing.
me neither. i respect Akhtar Raza Sahab, Nizamuddin Sahab, Muzaffar Shah Sahab, Ilyas Qadri Sahab, Shah Turabul Haq Sahab, and others for fiqh rulings and indeed do my own research where humanly possible. in fact i'm a bit more heterodox and take opinions of other Sunni Hanafi 3ulema outside of the subcontinent or Fatawa Ridawiyya too.
i'd love to go with my impulsive gut feelings and dil ka fatwa on this, but, as i said the ground realities are this:
a - Mubarakpur has exonerated him and accepted his defense.
b - Bareilly has thus far not issued a direct & specific fatwa of kufr on obaid (and the other side thinks they can't and won't for both technical fiqh and other reasons)
the sum total of which is - the ground reality as it stands is that despite knowing his utterances, NO SIDE has called obaid a kafir or even a mubtadi3i.
two Sunni sides, both of whom i respect, have NOT issued a fatwa kufr on this guy, either for fiqh reasons or (very sadly) for political reasons. it's not like a case of qaradawi saying something and one of us summarily dismissing it.
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if i go with my usual self, and i can, i'm basically even bypassing Bareilly, leave alone Mubarakpur.
that's why you will see my insistence on a SPECIFIC BY NAME fatwa on obaid from the Bareilly side.
right now, i'm just curious as to what those fiqh technicalities are that supposedly can or will exonerate obaid and can cause one side to refute and rebuttal the other, and how and why, if at all, those technicalities will affect their ifta and internal Bareilly-Mubarakpur politics.
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hence my sukoot to wait till i learn more on the fiqh issues of the matter, to get my head and my fiqh straight on this guy and what he did at that time - and i meant it when i said:
i don't trust either side in india to rise above the politics of it all. i'm saying it plainly and openly
i honestly intend to ask a NON-DESI (anti-deo) Hanafi shaykh i trust regarding this issue of izzat and tareef, and also the Shar3i admissibility or inadmissibility of obaid's defense regarding the godhra backdrop.
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i should have said this in my last night's post but i was busy in a bunch of other things at home while posting and didn't organize my thoughts or that post properly.
and i completely agree with your mentioning of aimma and aalihatuhum. i accept my mistake. jazak Allahu khayraa.
i DO stand by my words that Mufti Nizamuddin Sahab SHOULD have highlighted the bid3ah of misguidance in basic Sunni beliefs that post 911 perennialists have come up with - namely that jihad is only something to be done for self defense. and fwiw, even the Bareilly side should have done it.
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i am on NO side on this issue - not Bareilly, not Mubarakpur, despite having sincere good friends on both.
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hope that explains how/why i'm not my usual self on this guy and his audio.