ibn Hanbal and the likes of Ibn Taymiyyah and the likes of
Muhammad ibn Abd al-Wahhab, may Allah have mercy on him,
the likes of Abdullah Azzam, may Allah have mercy on him,
the likes of Sayyid Qutb, may Allah have mercy on him, and
others speaking the truth. Why? They were recalling the legacy.
The legacy that was given to us by the prophets and the
Messengers of Allah, the Glorified and the Exalted.
But our speech, our speech "Man does not utter any word
except that with him is an observer prepared”.
Allah the Glorified and the Exalted says that what we utter
from our statements there are scribes, i.e. angels writing down
the statements. So, if we don't say a word of truth, if we don't
speak the truth and we don't aid the oppressed and we don't
struggle against the oppressors then the angels are writing
down these statements of us and these bad deeds of us. But
rather, we should be saying the truth and speaking the truth
and letting the angels write down that good speech, that right
speech.”
BBC submissions
321.
The BBC submitted that the Claimant knew at the time that HM Prison Belmarsh was
a ‘Category A’ prison, which housed some of the most high profile prisoners found
guilty of terrorist-related offences. These included Abu Hamza (who was jailed in
February 2006 for 7 years for inciting murder and race hate) and Muktar Ibrahim,
Yasmin Omar Ramzi Mohammed and Hussein Osman (the “21/7” attempted bombers
convicted in July 2007 of conspiracy to murder). The BBC submitted that in declaring
his unqualified support for “our brothers behind bars in Belmarsh” the Claimant was
deliberately encouraging his audience to support the Muslim Belmarsh prisoners,
regardless of their specific crimes. As such, the Claimant chose not to distinguish
between those men being held at Belmarsh who had been convicted of heinous
crimes, and those who were on remand or were being held without charge pursuant to
anti-terror legislation. In addition, the Claimant again praised “the likes of Abdullah
Azzam” and “the likes of Sayyid Qutb”, both of whom were infamous for espousing
extremist views and as founding fathers of modern-day jihadism (see above). As such,
the Claimant was clearly espousing an extremist Islamic position, namely supporting
jihad and was liable to promote and/or encourage violence in the name of Islam.
Claimant’s submissions
322.
The Claimant submitted that he was asked to speak outside HM Prison Belmarsh
prison to show solidarity with Muslims who it was believed were being unfairly
detained. There had also been a number of complaints concerning the mistreatment of
Muslims in the prison. However, even in regard to Muslims who had been rightly
convicted of any crime and therefore detained in the prison, the Claimant’s position is
that they are still Muslims and that he ought to pray for them and to help them to
continue their devotion to Islam. This did not constitute the condoning of crimes
which they have committed. There was no question of the Claimant giving
‘unqualified support’ to those in custody. The Claimant submitted that he did not
support jihad in the sense of it constituting a violent struggle. The only reference to
jihad during the speech was in the following sense: “The best of Jihad, the best form
76
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