227.
The Claimant spoke of meeting Sheikh bin Baz when he was studying in Saudi
Arabia. Further, the Claimant recites stories from those who knew Sheikh bin Baz
which suggest a degree of adulation:
“Princes would come into his office, into his house," and he
said the Sheikh would be very stern, you know: "This has
happened, fear Allah, fear Allah and so on.” (89:6-8)
"Sheikh bin Baz may Allah have mercy on his soul, with his
own money, he gave me money and he sent me. You know, these
things we don’t really hear. You know, in terms of personal
character of Sheikh bin Baz may Allah have mercy on his soul,
people used to say before--and before I met him or saw himthey say, "When you meet him you’re reminded of the early
Muslim the Companions and the Early Muslims."
228.
In my judgement, the audience would have been left in no doubt that the Claimant
revered Sheikh bin Baz and was citing his utterances with unqualified approval.
Anyone listening to the Claimant’s speech live or on the Web now would be left in no
doubt as to, first, the Claimant’s deep admiration and approval for Sheikh bin Baz and
his body of teachings and secondly, that the Claimant was encouraging his audience to
follow and adopt the path (fatwa) laid down by Sheikh bin Baz.
229.
It is striking, as Mr Caldecott QC put to the Claimant in cross-examination, that the
Claimant did not disclose in his witness statement that Sheikh bin Baz was, in fact,
named in LIC’s constitution as the first of three preferred “Current renowned
Scholars” at LIC.
Claimant defines religious meaning of jihad exclusively as qital (“fighting”)
230.
The experts agree that the Claimant unambiguously gives the religious meaning of
jihad as "fighting physically against the enemies of Islam". He repeats this single
meaning three times. They agree it was wrong and misleading of the Claimant to
define jihad in this narrow way. As explained above, the religious term jihad or jihad
fiy sabilillah (jihad in the path of Allah) has a wide meaning of “striving in the cause
of God” in a variety of ways, and only one sub-element means fighting physically
(qital). However, in this and other speeches, the Claimant generally uses the term
jihad exclusively to mean fighting physically and he does so effectively excluding all
other potential religious meanings of jihad. In the Claimant’s lexicon, therefore,
religious jihad means exclusively “fighting the enemies of Islam”.
231.
The Claimant is, in effect, downgrading the Greater jihad (i.e. the inner, theological
struggle) to a linguistic meaning and elevating the Lesser jihad (the armed struggle or
fighting) to a religious duty (“it is prescribed for you…”). By this means, therefore,
the Claimant is thus confining jihad to a single meaning, namely armed struggle or
fighting (qital).
232.
It should be noted that what the Claimant said in his DEVIANT GROUPS SPEECH
(2010) is in complete contrast to what the Claimant now says about the meaning of
jihad in his recent witness statement, viz.:
“144. The term ‘jihad’ means to ‘exert’, strive, ‘struggle’ and “making an
effort”. Jihad does not mean ‘war’ as often believed – the word for that is
52
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