(which could never include civilian populations), and (iii) declaration of war by the recognised ‘leader’ of a Muslim political entity. (2) 109. The stipulations in the Qur'an and the Sunna for the ethics of conducting qital include, e.g., (i) proportionate force, (ii) only combatants may be fought, not civilians, (iii) crops and civic infrastructure may not be damaged, (iv) looting, plunder and property violation is prohibited, (v) the use of human shields is forbidden, and (vi) prisoners of war must be humanely treated (see in particular Qur'an, 2:190-194). The general and historical context of Qur’an 2:190-194 was a concern raised by Muhammad’s followers as to whether they were permitted to retaliate and defend themselves when attacked by their persecutors within the sacred precincts in Mecca when on pilgrimage.3 The Qur’an provides: “Fight in God’s cause against them that fight you but do not overstep the limits. God does not love those that overstep the limits.” (Qur’an, 2:190191) 110. Propagation of the false notion that jihad in effect means naked qital, shorn of its proper historical context and limitations, has been used by extremists to radicalise elements in contemporary society. This distorted notion of jihad continues to be used, illegitimately, as a powerful tool of violent Islamist radicalisation, especially in respect of young Muslim men, for whom fighting a ‘war’ ‘in the cause of God’ has a natural historical and emotional appeal. 111. Islamist extremists have routinely diluted, or entirely ignored, these conditions and regulations for (qital) in order to seek to justify terrorist attacks against defenceless civilians (notably “9/11” and “7/7”). Is qital only defensive? 112. The experts disagreed on the nature of armed jihad (qital) in Islam. Professor Gleave stated that the majority of Sunni and Shia' jurists were of the view that the Qur’an licences both legitimate offensive and defensive jihads. Dr Wilkinson stated that the Qur'anic warrant for armed jihad is always as armed defence of Islam and Muslim life from prior aggression and that this is the overwhelmingly majority scholarly view in both Sunni and Shia' Islam. They agreed that what constitutes 'defence' and 'offence' in the context of armed jihad is sometimes contested in Muslim circles. 113. It is not necessary finally to determine this theological issue for the purposes of this judgment, but in so far as it is relevant to do so, it is clear in my view, that the Qur’an permits only defensive jihad (al-jihad a-difa’i). Salafism 114. Salafism is the movement within Islam which argues that Muslim practice should return to that of the 7 th Century, the time of Islam’s earliest ‘pious ancestors’ (salaf salih). Salafism in Islam, therefore, generally refers to Islam as practised by the earliest Muslim communities. Salafi Islam, is sub-divided into myriad sub-groups. There is a wide spectrum of Salafist views. In practice, Salafism often tends to scriptural literalism shorn of the necessary contextual reasoning (asbab an-nuzul). As 3 See Qur’an 2:196 and M.A.S. Abdel Haleem, p.21, footnote (d). 25