143.
The BBC submitted that the Claimant’s message in his KINGSTON UNIVERSITY
SPEECH (2006) was clear and unequivocal, namely a call to his audience that: (i) in
the context of jihad (as with the wearing of the hijab), there must be “no …
compromise” and Muslims must be strong and not be influenced by calls from
nonMuslims criticising talk of jihad; (ii) it is good for Muslims to defend themselves
in such places as Palestine, Chechnya, Kashmir and Iraq by fighting; and even though
their actions would or may be condemned in Britain as terrorism, they represent
legitimate jihad and are courageous; (iii) jihad should be waged where it is practical
to do so and this has been overlooked; (iv) the audience should, in particular, “make
jihad” in the meaning set out in the final passage by taking money and going to
Palestine to fight anyone who fights against the Muslims (described by the Claimant
as “terrorists”) and any supporters of an Israeli state, namely Zionists. In stark
contrast to the Claimant’s express distinction between “terrorists” and “Zionists”, he
made no distinction between “Zionist” security forces and “Zionist” civilians.
Claimant’s case
144.
The Claimant said in his witness statement that he cannot remember exactly what he
said at Kingston but he regarded the way in which his talk had been portrayed as
‘extremely unfair’ because the passages relied upon related to no more than 5-10 minutes of
his talk and his ‘firm recollection’ was that his talk was directed at stopping people
participating in terrorism but selective quotes gave a different impression. The Claimant
admitted, however, speaking the words quoted but said in cross-examination that he was
employing rhetorical devices and only referring to physical jihad in the sense of the Muslims
being entitled to defend themselves against attack. The Claimant also stressed in his witness
statement:
“As an Imam, I have spent my entire career promoting peace,
tolerance, unity and respect for human rights. I did not call the
audience to “make jihad” in Israel as alleged by the
Defendant.”
Experts
145.
There was a measure of agreement between the experts regarding the KINGSTON
UNIVERSITY SPEECH (2006), namely that: (i) The Claimant is making a case for
Muslims not to compromise their religion (deen) and to be strong and proper
Muslims. (ii) The Claimant’s case for Muslims not to compromise their religion
focuses on the wearing of the Islamic headscarf (hijab) and recognising armed jihad in
defence of the territories listed - Palestine, Chechnya, Iraq and Kashmir. (iii) These
two aspects of Muslim life, the wearing of the headscarf and the recognition of the
conflicts in defence of the above-mentioned territories as armed jihads are given an
equivalent religious weight in that the Claimant asserts Muslims should not
compromise on them equally. (iv) The endorsement of armed jihad articulated by the
Claimant in this passage involves the commitment, at least, to recognise conflicts
going on in the world involving Muslims in Palestine, Chechnya, Iraq and Kashmir as
armed jihad in defence of Islam. (v) There is, however, no mention by the Claimant in
the portion of the speech provided of how the armed jihad in defence of those places
constitutes a legitimate armed jihad or how they do not or who is or should (or not) be
fighting them.
32