SunniStudent's "Analysis" of Abu Hasan's Posts (Obaidullah Issue)

The two fatwas can be seen here:

Regarding this Abul Hasan said ( post No 122)


as inquisitive has already said: i don't see any difference. if you SEE it, go ahead and explain.

Fatwa No 1: tareef karna kufr sareeh hai.

Fatwa No 2: izzat dena sareeh kalma e kufr hai.

Abul Hasan does not see any difference between these two. The reason is simple. He does not understand the importance of the word " sareeh kalma e kufr".

It should be noted that when fuqaha say " this is sareeh kalama e kufr" (ye sareeh kalma e kufr hai) they mean "kufr fiqhi" and not "kufr kalami".

When some one commits " kufr fiqhi" , it is not said that the person has become ' kafir, murtad or has gone outside the fold of Islam" . The one who commits "kufr fiqhi" is asked to repent , do tajdeed e iman and tajdeed e nikah. ( For details see fatwa ridawiya vol 6. page15)

The Nagpuri fatwa says " the person is outside the fold of islam ( daire islam se baaahar hai) ."

This is said only when it is kufr e kalami.


So Abul Hasan, since as per you, this fatwa from fatwa ridawiya is helping you to send obaidullah khan azmi outside Islam ( but not as per me) , please note it has " sareeh kalame e kufr" , which means " kufr fiqhi". And "kufr fiqhi" entails tawba, tajdeed e iman and tajdeed e nikah.

Now, tell me, how do you deduce from this fatwa that Obaidullah is outside the fold of Islam?

Second, bring " kufr kalami" in his speech, because " Kufr Kalami" makes a person outside the fold of Islam.

Please note, If you bring " kufr kalami" in his speech, prove that it is "kufr e kalami" and also note, in that case, this fatwa from fatwa ridawiya will not be useful for you, since this talks about "sareeh kalma e kufr" which means "kufr fiqhi".

Note: I am replying/ addressing to Janab Abu Hasan Sahab and no one else.

fatwa goof up.png
 
The original wordings in the fatwa is " izzat dena sareeh kalma e kufr hai." Any student of fiqh knows that "sareeh kalma e kufr" means "kufr fiqhi". And " kufr fiqhi" does not makes a person go outside the fold of Islam.

But the Nagpuri team wanted to send Obaidullah outside the fold of Islam. So what did they do??? They knew if they quote the original words ( sareeh kalma e kufr) anyone will come to know that this is "kufr fiqhi" which does not take a person outside the fold of Islam. So the task was made easy by changing the fatwa itself!!

The original words------> izzat dena sareeh kalma e kufr hai
was changed to -------->tareef karna kufr sareeh hai, so that Obaidullah can be sent outside the fold of Islam.

Abul Hasan , you do not see any difference in this! But this is just one thing. In sha Allah, as and when I get time, I will quote your texts,in this thread and analyse it in the light of Maslak e Ala hazrat. Hope, we will follow the methodology of Alah Hazrat in takfir.

Note: My work does not give me time to spend time on forum that is why I remain inactive for long time. Today is Sunday so I have time. When I get time, I shall reply, in sha Allah, to Janab Abul Hasan only.
 
In his Istifta to Mufti Nizamuddin Rizvi Obaidullah Khan, quoted Nagpuri Fatwa ( 1) which used the phrase " tareef karna kufr sareeh hai" . In reply to this Mufti Nizamuddin Rizvi sahab said ' such words were not found at the reference given of the fatwa ridawiya.

To this Abul Hasan replied ( post 372)

i had said earlier: that instead of dismissing that "such an ibarat is not found in fatawa ridawiyyah" gives an impression that it is absolutely not found there, whereas it is only not found in those words, verbatim.

It is not one's fault if he doesn't understand the difference between those words. One ibarat takes a Muslim outside the fold of Islam ( fabricated one) and the other ibarat ( original) retains the man with in the fold of Islam.

Yes, it is absolutely not there,since that will mean a person goes outside islam for lazoom also, which is not the case. This again shows Abul Hasan's interpretation.

Abul Hasan, you have mentioned this point of " no difference/ slight difference/ " or words giving similar meaning in many of your posts.
 
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In Support of Nagpuri Fatwa , a fatwa came from Bahraich sharif. We call this Bahraichi fatwa.
Abul Hasan said ( post 298)

haven't read the fatwa yet, but for convenience, i first strung it into a PDF for my own use.
here it is posted (without any comments).

I hope by now Janab Abul Hasan would have read this fatwa.

On page 3 of this fatwa it is written :
" ..Aur kutub fiqh wa fatawa mein musarrah hai ki kuffar ke devtaon ko izzat dena aur un ke liye ayse kalamaat istemaal karna jin se in ka aijaaz zaahir ho sareeh kufr wa irtadaad hai"

[ And it is explained in the books of fiqh and fatawa that to give respect to the deities of Kuffar and to use such words for them which gives them honour/repect is sareeh (explicit) kufr and irtadaad]

Observe, this Bahraichi Mufti who uses " books" ( kutub) of fiqh and fatawa. It is a sigha of jamaa ( plural). As per this mufti sahab there are many books of fiqh and fatawa which contains the statement which he has quoted.

Now we ask this Mufti sahab and Janab Abul Hasan sahab to give reference from just one book for the quote. Only one book on this planet. The fact is that this statement is not present in any book of fiqh and fatawa. And if Abul Hasan says, a similar statement is present in fatwa ridawiya, then the reply is : That statement of Ala Hazrat does not contain the word "irtadaad".

So agree that either this Baharaichi mufti sahab has misquoted/ fabricated a quote of Ala Hazrat or agree that he has lied when he wrote that. To prove me wrong, just get me one reference from so many " kutub".


In sha Allah, Abul Hasan's "reply" on Mufti Nizamuddin sahab's speech will be discussed in detail. But before that there are many more things to discuss.
 
Once again, I am not talking/ replying to any one on this topic except Janab Abul Hasan. I will not start this discussion in PM with any one. Those who wish can give "evidence" to Abul Hasan sahab to prove that Nagpuri fatwa is correct and as per this fatawa Obaidullah Khan is now outside the fold of Islam. Abul Hasan, you need to bring some solid evidence, or else remember the ruling of calling a Muslim as a " Kafir".
 
For the convenience of brothers who might not be following this thread diligently here's a list of places where sidi AH spoke about the kufr of uka's words:

Post #15
even though the snippet of the original istifta is misleading, which gave obaidullah the chance to do another istiftaa; but i think the fatwa is itself correct. obaidullah should do tawba and tajdeed iman.

Post #31
the attribution to fatawa ridawiyyah is correct. but mufti nizamuddin sahib has either not checked it, or else he is using a heela for his statement. because, indeed, that mentioned in fatwa #1 does not exist on the referenced page IN THOSE EXACT WORDS.

however, the citation is reasonably accurate in conveying the meaning of the fatwa. lo, here is the snippet from the very page referenced: vol.14/p.625

http://sunniport.com/index.php?attachments/fr14-625-jpg.1818/

Post #33
the first fatwa (in the UBK case) is not very clear, though it cites FR. but alahazrat's fatwa is apt and fits obaid azmi like a glove. here is the fatwa in full.

Post#53
that is interesting. i actually took the text from ubaidullah khan's own istifta. hadn't seen this image in detail.
(which shows that sidi aH had written the previous posts from uka's own istifta and FR, the purpoted teHreef not being a part of his analysis)

Post#82
people keep forgetting that ta'wil is not in sariH statements; and ta'wil is admissible only where there is ambiguity.

even an illiterate muslim will tell you that praising ram in a ram-katha is kufr. and obaidullah, is not even trying to find diplomatic words; rather his eloquent praise and "zor e bayan" are self-evident.

Post#140
i dare mufti nizamuddin or any mufti to say that the fatwa with changed words or unchanged words (we will call it v1 and v2) is not congruent in spirit and meaning to the fatwa in fatawa ridawiyyah.

why did mufti nizamuddin summarily dismiss in his fatwa in ambiguous words. honest and sincere mufti will not play like this. he will show how it is incorrect or point out that there is a fatwa in fatawa ridawiyyah, EXACTLY on that page, but the v1 fatwa is cited incorrectly. look what mufti nizamuddin says:

"haaN main ne fatawa razwiyah mutarjam wa ghayr mutarjam donoN meiN is maqam par woh ibarat talash karney ki koshish ki magar na mili. yahaN fatawa razwiyah ka Hawalah ghalat diya gaya hai. wAllahu ta'ala a'lam."

a lay reader based on mufti nizamuddin's reputation will think that it does not exist AT ALL. whereas, the fact of the matter is that it does not exist VERBATIM. which i noted. and i gave him the benefit of doubt that he used this 'heelah' of 'non-existing' based on "non-existing verbatim".

given that you are asking so many questions, why didn't mufti nizamuddin point out that it was taHrif shudah or whatever? why wait until it was posted on a forum and discussed?
...
i have said it plainly, that in spirit, and in conveying the meaning, the first fatwa in both v1 or v2 versions, is congruent to alahazrat's fatwa referenced. you seem to see a huge difference. fine. i am waiting to see your proof that there is the difference of the sky and the earth between these two versions.

in the meantime, here is a short istiftaa for mufti nizamuddin or sunnistudent:

kuffar ke devtaaoN ki ta'areef karna kaisa hai? kya ye sareeH kufr hai? masalan, kya darj zayl alfaz kufr haiN?

"sri ram ka wujud aysa paak aur pavitr wujud hai; unka character itna nirala, pyara aur be misaal hai, ke jo intellectual class hai, jo cheezon ki gahrayi mein utar kar un ki haqiqatoN ki ma'arifat hasil karta hai, woh sri raam ko imam e hind maanta hai.

raam naam hai sach'chayi ka, jo jhoot ko parajit karta hai.

raam naam hai mazluum aur dukhi logoN ki Himayat ka, jo zulm ki gardan pakaRta hai.

raam naam hai sooraj ki us raoshni ka jiskey zari'ey andhere door hotey hain.

raam naam hai chand ki us chandni ka jiskey zari'ey logoN ko sukun milta hai.

raam naam hai us ThanDi hawa ka, jo jhulsati huwi dhuup meiN insan ke liye chatar chaya ban jaati hai."


bayyinu tu'jaru.

......
or if you are referring to the fatwa #1 which is apparently tampered or altered - i am telling you one last time. i don't care.

Post# 222
prove is a very strong word. i consider it to be wrong because i believe that obaidullah's ram-bhakti speech has kufri kalimat and mufti nizamuddin's fatwa absolves him.

i believe obaidullah khan's speech at ram-katha is ugly, and kufriyat. i believe that any self-respecting muslim should refute it - and ulama of ashrafiyah who signed the second fatwa (i.e., mufti nizamuddin's fatwa) should have at least warned people and the mustafti to not repeat such a thing, even if they believed that they could absolve obaidullah from kufr. a mufti's responsibility is not just to issue a fatwa and get done with it - he also gives advice and is mindful that the fatwa can become a precedent for such events in the future.

----------------------------------------------------END OF QUOTES -------------------------------------------------------------------------------------


ss is speaking a different tone now see post#162

Also see post#119 and post#193
 
those who are not talking to me can close their eyes and ignore this post. As a member of the forum I have a right to reply to any post and I will.

SS said:
Now we ask this Mufti sahab and Janab Abul Hasan sahab to give reference from just one book for the quote. Only one book on this planet. The fact is that this statement is not present in any book of fiqh and fatawa. And if Abul Hasan says, a similar statement is present in fatwa ridawiya, then the reply is : That statement of Ala Hazrat does not contain the word "irtadaad".

So agree that either this Baharaichi mufti sahab has misquoted/ fabricated a quote of Ala Hazrat or agree that he has lied when he wrote that. To prove me wrong, just get me one reference from so many " kutub".


brothers please tell me what the underlined words mean and whether the snippet below is found in a book from this planet or is it of extra-terrestrial origins:

tmp_30275-ramkatha ubaid_Page_02-1897393436.jpg
 
It should be noted that when fuqaha say " this is sareeh kalama e kufr" (ye sareeh kalma e kufr hai) they mean "kufr fiqhi" and not "kufr kalami".

Any student of fiqh knows that "sareeh kalma e kufr" means "kufr fiqhi". And " kufr fiqhi" does not makes a person go outside the fold of Islam.

evidence needed. SAREEH kalima-e-KUFR is not kufr? then which kalima-e-kufr is kufr?

or is there another category, I duuno, "super-sareeh" kalima-e-kufr which is kufr?

or maybe it's mufti nizam's istilaH 'kalimat-e-kufr-e-shani'i' which is kufr?

alahazrat has used the term 'sariH kalima-e-kufr' to rule the person kafir. see the scans of FR fatwa posted in#33 for proof.

I am asking ss to prove this in my capacity as a moderator, this 'great position of authority and responsibility' which he has been kind enough to remind us of.

----------------

besides if someone rules a person kafir based on kufr-fiqhi he does not become a kafir himself - or else all those fuqaha will become kafir - based on hadith ss and mufti nizam use to scare their opponents - but the principle derived from the hadith is itself kufr fiqhi and not kufr kalami - so how can the deniers of kufr-fiqhi use it to adduce their pov? then they would themselves become kafir in the light of the hadith. and on and on. {note to self: good example circular reasoning].

The general basis for apostasy is stated by Alahazrat thus:
Jurists [fuqahā] have ruled that one who rejects an absolute precept [qaţýī] is a kāfir; but theologians [mutakallimūn] specified that it is kufr only when an Essential [đarūrī] is rejected and this [latter] is the safest position.

(quote from mfm)
 
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the istifta sent to Muti3ur Rehman sab mentions Ziaul Mustafa sab's fatwa. can you advise where is Ziaul Mustafa sab's signature in the fatwa 1 or 2 in post #1 of this thread.
 
( All my posts are addressed to Janab Abul Hasan sahab)

For the sake of convenience,the first thing which has to be addressed is the Nagpuri Fatwa ( No 2), which has quoted a fatwa from fatwa ridawiya and then said that " the person is outside the fold of Islam". Just prove that how a person goes outside the fold of Islam, in light of the quoted fatwa from fatwa ridawiya. Baharaichi fatwa can be discussed after this.You have split the thread for our ease and I have set the first issue for discussion, again for our ease.
 
You have split the thread for our ease and I have set the first issue for discussion, again for our ease.
whoa. not so fast brother. don't become the defendant, judge, jury and executioner. just wait.
we won't go into discussion until we get some clarifications.

[for ease also, drop the longer: janab abcd sahib - just say aH, it will suffice.]
 
firstly, SS said in the other thread:
Not knowing is not a sin or a crime. But acting as a Mufti, when one knows that he is incapable, is a problem.
perhaps i am paranoid, but i took it as a thinly veiled reference to myself and my own posts and initially ignored it. but in the face of new posts by SS, this patronising statement is highlighted, because, it should now be assumed that either SS is himself capable, or is writing with the aid of capable people behind him.

---
my summary assessment of latest posts of SS: splitting hairs. baal ki khaal nikalne ki bharpur koshish ki gayee hai. i look at it as rather amateur sophistry. in sha'Allah i will substantiate this assessment. but for the present, please proceed.

---
A:
Abul Hasan does not see any difference between these two. The reason is simple. He does not understand the importance of the word " sareeh kalma e kufr".
aH does not understand according to SS.
B:
when fuqaha say " this is sareeh kalama e kufr" (ye sareeh kalma e kufr hai) they mean "kufr fiqhi" and not "kufr kalami".
C:
When some one commits " kufr fiqhi" , it is not said that the person has become ' kafir, murtad or has gone outside the fold of Islam" . The one who commits "kufr fiqhi" is asked to repent , do tajdeed e iman and tajdeed e nikah.
D:
The Nagpuri fatwa says " the person is outside the fold of islam ( daire islam se baaahar hai) ." This is said only when it is kufr e kalami.
E:
" sareeh kalame e kufr" , which means " kufr fiqhi". And "kufr fiqhi" entails tawba, tajdeed e iman and tajdeed e nikah.
F:
Second, bring " kufr kalami" in his speech, because " Kufr Kalami" makes a person outside the fold of Islam.
G:
Fatwa No 1: tareef karna kufr sareeh hai.
Fatwa No 2: izzat dena sareeh kalma e kufr hai.
Abul Hasan does not see any difference between these two.
[this is SS' allegation, which is pending examination; we shouldn't digress here]
dear brother SS, your statements are cited above and labeled for quick-reference. i will restate and reword for clarity. please correct me if i have misunderstood these statements, because this is important step to proceed. i sincerely state that my intention is not to distort your words in a manner that makes them pliable to my case. therefore, if you think i have contorted your statements, feel free to point that out. i prefer an explicit approval as in: "your restatement is valid" but, even if you keep silent without commenting, i will take it as acceptance. wa billahi't tawfiq.

however, if certain statement was made by you in haste or confusion, feel free to clarify and correct. my objective is to start on a firm footing instead of running wildly around all the wrong trees.

-----
definitions:

1. according to SS, there are two kinds of kufr: "kufr fiqhi" and "kufr kalami"

2. according to SS, one who commits "kufr fiqhi" does not become kafir, does not go outside the fold of islam.

3. [yet strangely] according to SS, the one who commits "kufr fiqhi" is asked to do tawbah, tajdid-e-iman and tajdid-e-nikah [C]. this 'asking' is not just a formality, but according to SS, "kufr fiqhi" ENTAILS tawbah, tajdid-e-iman and tajdid-e-nikah [E].

4. according to SS, "kufr e sareeH" and "sareeH kalimah e kufr" [see G] are two distinctly different things and there is certainly a huge difference.

5. "sareeh kalimah e kufr" is "kufr fiqhi" [E].

6. "kufr e sareeH" is "kufr kalami". this is implied from statements of SS, even though SS does not say it expressly. i highlight this implication because of his categorisation, and because he pointedly says that "abu Hasan does not understand the difference" - and emphasizes in the next post:
Any student of fiqh knows that "sareeh kalma e kufr" means "kufr fiqhi". And " kufr fiqhi" does not makes a person go outside the fold of Islam.
Abul Hasan , you do not see any difference in this! But this is just one thing.
the astute reader will notice that examples/implications of "kufr kalami" are avoided when the statement "kufr e sareeH" is mentioned. for the moment, let this be aside and let us go further.

7. according to SS "sareeH kufr" and "irtidad" are two different things.
That statement of Ala Hazrat does not contain the word "irtadaad".
i won't quote the entire post, but in the post #4 of this very thread, SS challenges and derides the mufti of bahraich for 'adding' the word irtidad and in general it appears from his statement that "sareeH kufr" is not "irtidad".

a side note is that he includes me in the fatwa of bahraich. he includes me in the challenge of adding the 'irtidad' bit. why? because i strung together a PDF - and even though SS himself is busy and disappears often (of which *i* have not complained) he does not cut any slack for me. he assumes that i have already read that fatwa diligently, and assumes that i agree completely with that fatwa, assumes that i have pledged unconditional support* to that fatwa (of bahraich) - therefore he includes me in the challenge:
Now we ask this Mufti sahab and Janab Abul Hasan sahab to give reference from just one book for the quote. Only one book on this planet. The fact is that this statement is not present in any book of fiqh and fatawa. And if Abul Hasan says, a similar statement is present in fatwa ridawiya, then the reply is : That statement of Ala Hazrat does not contain the word "irtadaad".
not only that, he also assumes what my answer will be in defence and has already pre-empted my 'answer'.

sub'HanAllah.

---
now for a few questions:

1. in which book/s can this categorisation of "kufr e fiqhi" and "kufr e kalami" be found. please note that i am looking for explicit statements that mention this categorisation. if it is only implied from certain statements of fuqaha, it should be noted likewise.

2. what is the formal definition of both "kufr fiqhi" and "kufr kalami"? and references for the same.

3. SS says that "kufr e fiqhi" does not make "one to go out of the fold of islam" but "kufr e kalami" makes "one to go out of fold of islam". in other words "kufr e fiqhi" is not kufr; and "kufr e kalami" is kufr. please clarify.

4. then what is the purpose of asking someone who has committed "kufr e fiqhi" to do tawbah, tajdid-e-iman and tajdid-e-nikah? recall SS:
When some one commits " kufr fiqhi" , it is not said that the person has become ' kafir, murtad or has gone outside the fold of Islam" . The one who commits "kufr fiqhi" is asked to repent , do tajdeed e iman and tajdeed e nikah. ( For details see fatwa ridawiya vol 6. page15)
another side-note. going by previous posts, the older FR is being referenced. i do have the older version (which i own since the 90s) but at present, i have access only to the new 30-vol edition.
is it only out of cautiousness or is it technically required?

5. is there any difference between saying "a muslim committing SareeH kufr" or "irtidad" or becoming "murtad"? do these descriptions entail the same implication: tawbah, tajdid-e-iman, tajdid-e-nikah - or do they all have their own nuances and different rulings?

6. uttering a "sareeH kalimah of kufr" is "kufr e sareeH" and hence irtidad. is this wrong? if so, how?

7. if one commits "kufr e kalami" what should he/she do other than tawbah, tajdid-e-iman and tajdid-e-nikah? what ELSE?

let us go a little bit further:

8. as any student of fiqh would know, there is a chapter on riddah or apostasy in fiqh books. are these "kufr fiqhi" or "kufr kalami"?

9. for example, the excerpt cited by alahazrat in fatawa ridawiyyah, which is cited back-and-forth by all parties in this issue, contains a quote from ghamz al-uyun [see vol.2/p.189 - bab al-riddah] which is commentary on ashbah wa'n nazayir. both the original and the commentary expound on "what makes one to go out of the fold of islam". riddah, irtidad in other words (unless SS has nuanced meanings for all these).

a) are these entries "kufr fiqhi" or "kufr kalami" or both? if both, how can one make distinction? [because ruling would differ in either case, according to SS]

b) a number of statements are mentioned in this chapter - and the chapter is titled "riddah". interestingly, it starts with the statement: "tabjil al-kafir kufr". now is this "kufr fiqhi" or "kufr kalami". if it is the former, then why is it mentioned under "riddah" (which one out assume that would make "one go out of the fold of islam") and if it is the latter - you have yourself said that "kufr kalami" makes one go out of islam. [notice that it is THIS citation that is being argued upon. don't lose the link: here]

index.php


"fa-qad kafar" or in alahazrat's words: "ba ittifaq e ayimmah kafir hai"
is this "kufr e fiqhi" or "kufr e kalami"?

c) in almost all books of fiqh and fatawa - there is a separate chapter on 'riddah' or 'apostasy' or 'what makes one go out of the fold of islam'. is this chapter about "kufr fiqhi" or "kufr kalami"?
10. suppose a person who commits "kufr fiqhi" does not do tawbah, nor tajdid-e-iman, nor tajdid-e-nikah.

a) is it permissible to pray behind him?
b) is it permissible to give to and take zakat from him?
c) is it permissible to give one's daughter (sister/etc) to him in marriage and will such a union be legal?
d) will his offspring AFTER committing "kufr fiqhi" be deemed legitimate?
-------------------------------
going even further:

11. should fatawa ridawiyyah be considered as a fundamental text, where every word should be deemed as textual evidence - and then based on merely the urdu words/idioms used in fatawa sharif, one can do istinbat and ta'wil and derive usul? because you say:
Now we ask this Mufti sahab and Janab Abul Hasan sahab to give reference from just one book for the quote. Only one book on this planet. The fact is that this statement is not present in any book of fiqh and fatawa. And if Abul Hasan says, a similar statement is present in fatwa ridawiya, then the reply is : That statement of Ala Hazrat does not contain the word "irtadaad".
i was under the impression that this kind of istinbat, is reserved only for nuSuS. please get it from a qualified mufti that every word of alahazrat's fatawa should be weighed for istinbat and it is impermissible to restate or summarise his opinion (or that alahazrat himself does not restate or reword fatawa of previous ulama).

-----
Allah ta'ala knows best.

---
*like the hyderabadi fatwa, upon which i commented as "blank cheques", which SS is piqued and duly threw back at me. this is another among the many side-notes. wa billahi't tawfiq.
 
whoa. not so fast brother. don't become the defendant, judge, jury and executioner. just wait.
we won't go into discussion until we get some clarifications.

[for ease also, drop the longer: janab abcd sahib - just say aH, it will suffice.]


Based on my experience on this forum I knew that Abul Hasan will come up with a set of questions. In past he has done this. But it is not a problem for me. In sha Allah I will answer each point.

But, Abul Hasan who has been supporting the Nagpuri Fatwa all these months , suddenly has nothing to support it, when asked to prove how that fatwa makes Obaidullah to go outside the fold of Islam!

Just observe, I asked him to bring evidence on which he is supporting Nagpuri Fatwa. I asked one question, which Abul Hasan did not reply and in return comes up with so many questions!!

In sha Allah, I will answer your each point. But you must answer one simple question:

Why is that I should answer your questions when you did not answer my one simple question, that too when I and not you, was the first one to raise the question .
( You can answer this at last, not necessarily now).

I am answering your questions in the manner "yes" or " no" where answer is in 'yes" or "no". I won't give the reference where you didn't ask and will give where you asked.
 
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1. according to SS, there are two kinds of kufr: "kufr fiqhi" and "kufr kalami"

2. according to SS, one who commits "kufr fiqhi" does not become kafir, does not go outside the fold of islam.

Yes to both.

3. [yet strangely] according to SS, the one who commits "kufr fiqhi" is asked to do tawbah, tajdid-e-iman and tajdid-e-nikah [C]

yes. I don't know why you find it " strange".

I said " is asked to" and my usage of the word" entails" was in the meaning of " the person is asked to" .I just found that 'entails"means" necessary, which I did not mean. I said" is asked to" and stick to it.

4. according to SS, "kufr e sareeH" and "sareeH kalimah e kufr" [see G] are two distinctly different things and there is certainly a huge difference.

Yes. And a reminder: You do not see any difference.

5. "sareeh kalimah e kufr" is "kufr fiqhi"

Yes.

6."kufr e sareeH" is "kufr kalami". this is implied from statements of SS, even though SS does not say it expressly.

This is your implication, not my words,as you have mentioned.

i highlight this implication because of his categorisation, and because he pointedly says that "abu Hasan does not understand the difference" - and emphasizes in the next post:

Abul Hasan does not understand the difference and its proof is your own statement ( post 122)
as inquisitive has already said: i don't see any difference. if you SEE it, go ahead and explain.

7.according to SS "sareeH kufr" and "irtidad" are two different things.

Kindly show where I said this. Just show .

This is what I said

My post

On page 3 of this fatwa it is written :
" ..Aur kutub fiqh wa fatawa mein musarrah hai ki kuffar ke devtaon ko izzat dena aur un ke liye ayse kalamaat istemaal karna jin se in ka aijaaz zaahir ho sareeh kufr wa irtadaad hai"

[ And it is explained in the books of fiqh and fatawa that to give respect to the deities of Kuffar and to use such words for them which gives them honour/repect is sareeh (explicit) kufr and irtadaad]

Observe, this Bahraichi Mufti who uses " books" ( kutub) of fiqh and fatawa. It is a sigha of jamaa ( plural). As per this mufti sahab there are many books of fiqh and fatawa which contains the statement which he has quoted.

Now we ask this Mufti sahab and Janab Abul Hasan sahab to give reference from just one book for the quote. Only one book on this planet. The fact is that this statement is not present in any book of fiqh and fatawa. And if Abul Hasan says, a similar statement is present in fatwa ridawiya, then the reply is : That statement of Ala Hazrat does not contain the word "irtadaad".

So agree that either this Baharaichi mufti sahab has misquoted/ fabricated a quote of Ala Hazrat or agree that he has lied when he wrote that. To prove me wrong, just get me one reference from so many " kutub".

I asked you and the Baharaichi Mufti sahab to show me the statement which he has quoted. Now tell me how you understood what you have posted?


After this Abul Hasan raises many questions. This is Abul Hasan, who did not answer my one question but wants me to answer his many questions!! I will answer all his questions which are related with my post,but not those questions which is not related to my writings/ posts.


now for a few questions:

1. in which book/s can this categorisation of "kufr e fiqhi" and "kufr e kalami" be found.
Since I have used these two terms , I will answer this. Fatwa Ridawiya. 6/150 ( I used old edition while compiling my answer). Discussion is available in Fawatih al Rahmut.


2. what is the formal definition of both "kufr fiqhi" and "kufr kalami"? and references for the same
This has nothing to do with my posts. If you are really interested to know you can read in the above reference work, also in the discussion of: ihtimal' in various book of Fatwa. Since your this question is not based on my post or writing. I am not answering it.

3 . SS says that "kufr e fiqhi" does not make "one to go out of the fold of islam" but "kufr e kalami" makes "one to go out of fold of islam"

Yes I said it and stick to it.

in other words "kufr e fiqhi" is not kufr; and "kufr e kalami" is kufr. please clarify.

This is your understanding.

I repeat what I said : "kufr e fiqhi" does not make "one to go out of the fold of islam" but "kufr e kalami" makes "one to go out of fold of islam".

4. then what is the purpose of asking someone who has committed "kufr e fiqhi" to do tawbah, tajdid-e-iman and tajdid-e-nikah?

A person who does not know this has guts to mock fatwa of mufti from hyderabad, mufti mutiur rehman rizvi saheb and mufti nizamuddin rizvi saheb. For answer see:
See Fatwa Shareh Bukhari Mufti Shariful Haq Amjadi rh , Vol 2 ,page 545-546 for a direct answer.

In case you don't have this book, read fatwa ridawiya vol 6 ( old edition) for better understanding.

5. is there any difference between saying "a muslim committing SareeH kufr" or "irtidad" or becoming "murtad"? do these descriptions entail the same implication: tawbah, tajdid-e-iman, tajdid-e-nikah - or do they all have their own nuances and different rulings?

This has nothing to do with my post or writing.

6. uttering a "sareeH kalimah of kufr" is "kufr e sareeH" and hence irtidad. is this wrong? if so, how?

Please ask those questions which are related with my answer /text. Better,join some fiqh class. I can ask you a reverse question " prove that it is correct". But I won't since you did not mention this in any of your post.


7. if one commits "kufr e kalami" what should he/she do other than tawbah, tajdid-e-iman and tajdid-e-nikah? what ELSE?
This is again not related with my post. Send an istifta ( in Urdu) in sha Allah, it will be answered. I can give you address in PM. Additionally, you need to read fatwa ridawiya, vol6, to see the understanding of the word" tajdeed". I won't answer you general question.



8. as any student of fiqh would know, there is a chapter on riddah or apostasy in fiqh books. are these "kufr fiqhi" or "kufr kalami"?
Not related to my post /writing. However answer is in Vol6, fatwa ridawiya. Read it.
a) are these entries "kufr fiqhi" or "kufr kalami" or both? if both, how can one make distinction? [because ruling would differ in either case, according to SS]

Yes ruling would differe in either case. I can make a counter point: As per Abul Hasan ruling will not differ. Now after you have read kufr fiqhi and kalami, you will know the difference in ruling. Since you don't know that difference, read it. I have answered your question with regard to reference. I stick to it, the ruling will be different in both the cases.


b) a number of statements are mentioned in this chapter - and the chapter is titled "riddah". interestingly, it starts with the statement: "tabjil al-kafir kufr". now is this "kufr fiqhi" or "kufr kalami". if it is the former, then why is it mentioned under "riddah" (which one out assume that would make "one go out of the fold of islam") and if it is the latter - you have yourself said that "kufr kalami" makes one go out of islam. [notice that it is THIS citation that is being argued upon. don't lose the link: here]

I did not find any post made by me at the link which you gave.
Please show when did I "argued upon" your said citation. The answer to your this question is available on this forum. I won't pin point because I don't want to encourage you in asking questions which are not related with my posts/writing.

10. suppose a person who commits "kufr fiqhi" does not do tawbah, nor tajdid-e-iman, nor tajdid-e-nikah.

a) is it permissible to pray behind him?
b) is it permissible to give to and take zakat from him?
c) is it permissible to give one's daughter (sister/etc) to him in marriage and will such a union be legal?
d) will his offspring AFTER committing "kufr fiqhi" be deemed legitimate?

This is Abul Hasan classic.! All these months he has been supporting Nagpuri fatwa based on a reference from fatwa ridawiya. Today, when asked to prove it, by bringing one evidence he comes up with 15 question, and most of them are not related with my post/ writing.

Abul Hasan,is this what you do when asked to prove your claim? Tell me why should I answer all these questions ? Just tell me why? Also,why should you not prove your claim when I asked a simple question.


11. should fatawa ridawiyyah be considered as a fundamental text, where every word should be deemed as textual evidence - and then based on merely the urdu words/idioms used in fatawa sharif, one can do istinbat and ta'wil and derive usul?

Who said only Urdu? Use Arabic, persian, Hindi, Braj, any language used in fatwa ridawiya. I follow and stick to the methodology of Ala Hazrat.

----

Now Abul Hasan, don't come up with new set of questions. All these months you have been supporting Nagpuri Fatwa and today when asked to prove its correctness, this is what you do!!!

I have not answered your questions and will not answer your those questions which are not from my text / post/ writing. Although most of your questions are answered point by point in the book posted in the post in 362 of the main thread. I have still not referenced them because I don't want to encourage you to ask irrelevant questions.

----
Abul Hasan, I was the first to ask you a question. Instead of answering my single question, that too related with your claim, you come up with 16 questions!"

I can paraphrase your question no 11, ( and act like you ) when I ask :

Question: Mawlana Ziaul Mustafa said that Mawlana Sanabil Raza has married a deobandi girl. Mawlana Sanabil Raza says that his wife is sunni. A question was sent to Manzare Islam, Bareilly ( Ala hazrat's madarsa) asking " What is the ruling on a scholar who knows that deobandi are kafir , but still calls sunni as Deobandi?

The answer is : He ( the scholar) has become one of them. He should do tajdeeed a iman etc.

The fatwa is available on internet.

Now I can ask you many questions:

1) Has Mawlana Ziaul Mustafa become a Kafir?
2) If not, prove that Fatwa of Manzaere Islam is wrong.
3) The fatwa doesn't mention Mawlana Ziaul mustafa by name. Can it still be used on Mawlana Ziaul Mustafa?
4) If Mawlana Ziaul Mustafa marries , will his children be legitimate?
5) What is the ruling on children of Mawlana Sanabil Raza?
6) Why did Mawlana Ziaulmustaf hide this for so many years ?
etc etc

I can ask these question and say" see this is similar to our case. In Obaidullah's case his name is not mentioned in the fatwa, so is the case of Mawlana Ziaul mustafa, so what do you say? Give reference for your answer.

Abul Hasan, please don't play games. I have answered all your questions which are related with my posts and writings. Your irrelevant question will not be answered , so please don't ask.

Now be a gentleman , which you are, and answer my simple question : Prove me from Nagpuri Fatwa that Obaidullah is outside the fold of Islam.

This is my ONLY question. I have a strong doubt that instead of answering this, you will either come up with a new set of question or will try to divert the topic.

But why? All these months you have been championing the Nagpuri fatwa, about which today you have come to know why was it fabricated, but are not able to prove that fatwa.. Come on do it!

If you ask me irrelevant question, I won't answer. And in return can bring such cases as I have mentioned above. After which you will ban me.

So brother, now that I have answered your relevant questions, please answer my one simple question.

Regarding my understanding that you have read the Baharaich fatwa and you did not find it ' ridiculous" , but now you claim ( this is what I understand, I may be wrong) that you have not read it , then I am sorry for my understanding.
 
I can paraphrase your question no 11, ( and act like you ) when I ask :

Question: Mawlana Ziaul Mustafa said that Mawlana Sanabil Raza has married a deobandi girl. Mawlana Sanabil Raza says that his wife is sunni. A question was sent to Manzare Islam, Bareilly ( Ala hazrat's madarsa) asking " What is the ruling on a scholar who knows that deobandi are kafir , but still calls sunni as Deobandi?

The answer is : He ( the scholar) has become one of them. He should do tajdeeed a iman etc.

The fatwa is available on internet.

Now I can ask you many questions:

1) Has Mawlana Ziaul Mustafa become a Kafir?
2) If not, prove that Fatwa of Manzaere Islam is wrong.
3) The fatwa doesn't mention Mawlana Ziaul mustafa by name. Can it still be used on Mawlana Ziaul Mustafa?
4) If Mawlana Ziaul Mustafa marries , will his children be legitimate?
5) What is the ruling on children of Mawlana Sanabil Raza?
6) Why did Mawlana Ziaulmustaf hide this for so many years ?
etc etc

I can ask these question and say" see this is similar to our case. In Obaidullah's case his name is not mentioned in the fatwa, so is the case of Mawlana Ziaul mustafa, so what do you say? Give reference for your answer.

If you ask me irrelevant question, I won't answer. And in return can bring such cases as I have mentioned above. After which you will ban me.

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