272. The Claimant concludes by saying that the purpose of the gathering is to uphold and support that legacy with fund-raising: “And Cage Prisoners today is following that legacy. And our gathering today is for what reason? To uphold that legacy. While we can’t fulfil that legacy we have an organisation who is fulfilling that legacy. It becomes an obligation on us to support them financially, to support them with our sadaqah to support them with our charity, to support them with our duaa so they can fulfil an obligation that many of the ‘ulamaa mentioned. That if only you have enough wealth in the bayt al mal in the bayt al mal in the Muslim treasury to free just the Muslim prisoners, then make that wealth of the bayt al mal be used for that purpose. And a hadith pertaining to feed the hungry and feed the prisoner. So Cage Prisoners is an organisation doing that and in the month of Ramadhan when actions are multiplied and actions are rewarded more, we should take that option of giving charity and giving sadaqah so that they can carry out this great obligation of helping our Muslim, our Muslim brothers and sisters who are in great need. May Allah Reward you. Peace and blessings of Allah be upon you.” Submissions 273. The BBC highlight aspects of the Claimant’s speech where he stated that it was “inspiring to be amongst some of our brothers who made Hijra in the path of Allah…, who made jihad in the path of Allah…and who suffered in the path of Allah…, our brothers from Guantanamo Bay…” as well as praising “the likes of Sayedd Qutb” and “the likes of Abdullah Azzam”, both of whom the Defendant contends were infamous for espousing extremist views and as founding fathers of modern-day jihadism. 274. The Claimant submits that in his speech at the CAGE dinner, that “he did not use the word jihad in the physical sense” but was referring to Moazzam Begg’s “act of jihad” in making hijra and his further “jihad in the sense of spiritual struggle”. The Claimant submits that he referred to Sayedd Qutb simply “because he had been executed on the order of General Nasser for wanting Egypt ruled according to Islamic law”. As to Abdullah Azzam, the Claimant submits that he “did not refer to Mr Azzam because of how other people interpreted what he did prior to his death, which occurred before the phenomenon of Islamic terrorism arose”. The Claimant relies on his references to Noah, Moses and Jesus in his speech. Analysis First issue: ‘To make Hijra and Jihad in the path of Allah’ 275. The first issue is as regards the significance in the Claimant’s use and juxtaposition of the terms hijra and jihad in the opening passage of the speech above ("brothers who made hijra in the path of Allah, who made Jihad in the path of Allah…”). Mr Caldecott QC submitted on behalf of the BBC the use of terms hijra and jihad together in this context was, and was intended to be, a reference to Muslims who travel to jihad warzones or lands such as Iraq, Afghanistan, Yemen or Somalia, in order to fight in an armed struggle in the name of Islam. Mr Bennett submitted on 62