physically fighting and then the specific rewards attached to it. So Allah the Exalted prefers Mujahideen (Fighters) to Sitters Mentions that Allah has preferred those who make jihad over those who are sitting. Those who are sitting have a struggle, struggle in terms of prayer, in terms of Islamic Propagation and other things, but those who fight have the higher status than those who do not fight. So it’s referring to specific struggle, which is referring to Fighting… The one who doesn’t make battle i.e. take part in battles and doesn’t have the intention to do so, he dies upon a branch of hypocrisy”. So at least a Muslim should have that intention of struggling and fighting and sacrificing himself for the sake of Allah the Glorified and Exalted.” BBC’s submissions 207. Mr Caldecott QC placed the DEVIANT GROUP SPEECH (2009) at the forefront of the BBC’s case. He submitted that the speech was clearly inflammatory and dangerous, making clear the Claimant’s support for jihad in the sense of violent action against non-Muslims in the name of Islam to the Muslim audience, thereby promoting and/or encouraging violence against non-Muslims in the name of Islam and in particular in Afghanistan and against Jews or non-Muslims in Palestine. He submitted this speech alone contained sufficient justification for the WCO. Claimant’s case 208. The Claimant denies supporting or encouraging violent action against non-Muslims in the name of Islam in the speech, and says he was merely referring to jihad in a purely defensive sense, i.e. that Muslims have a right to defend themselves when attacked in such countries because they are Muslim. In his witness statement, however, he admits, using the word “Zionist” and “Jew” in a way he understood might lead people to believe that he was anti-Semitic. He denies being anti-Semitic but says that he came to realise before 2013, particularly as a result of his inter-faith work, that he had to “be very careful about the terms I use when criticising Israel so it is clear that I am not being anti-Semitic”. Analysis Particular comments on sections 209. I begin by setting out my comments on particular passages in some of the sections of texts quoted above. First section 210. As regards the first section above, the word wajib means a religious duty or obligation and is a term which ordinary Muslim worshippers would be familiar with and understand. The Claimant cites Sheikh bin Baz’s fatwa (legal opinion) that one should be “hostile” to states or governments which do not rule in accordance with the Qur’an and the Sunna. The Claimant then, arguably, goes even further than Sheikh bin Baz by elevating this in his own words to a religious duty ( wajib) “to hate” all states or governments which do not rule in accordance with the Qur’an and the Sunna, i.e. to hate all Western and non-Islamic states or governments and errant Muslim states or governments. 48