84. I have also had regard to the various views which the experts have expressed on aspects of the Claimant’s various speeches. I have, however, assessed the ordinary English, syntax and import of the speeches for myself. Insofar as what the Claimant said, and its meaning, are clear as a matter of plain English, that is a matter for the Court rather than expert evidence. In my judgment, ultimately, the main thrust of the Claimant’s messages in each case has been quite clear and would have been quite clear to a Muslim audience. 85. I have been conscious throughout this case of the need to avoid over-textural analysis and to assess what overall impression that a reasonable section of the audience would have formed hearing the Claimant’s speeches live or viewing it once on line (c.f. Eady J in Bond v. BBC, cited supra). 86. I have also had regard to the fact that, unlike the Court, the audiences would not have had the luxury of detailed expert evidence and forensic examination in relation to all the historical and theological references made by the Claimant during his speeches. I have assumed, however, that significant sections of the predominantly Muslim audiences would have had some knowledge of, and grounding in, basic Islamic teachings and concepts and would have attended out of interest and been engaged in what was being said by the Claimant. ISLAM The sources of Islam: the Qur’an and the Sunna 87. There are two primary sources from which all Islamic belief and practice is derived: the al-Qur’an (the Revelation, or literally ‘recitation’, from God) and the Sunna (the normative behaviour and practice of the Prophet Muhammad). The legal injunctions derived from the combination of the Qur’an and the Sunna are called the Shar’ia (legal path) of Islam. 88. As M.A.S. Abdel Haleem points out in his translation of the Qur’an2,an important stylistic feature of the Qur’an is that it alludes to events shorn of their historical background. Those who heard the Qur’an at the time of its revelation were, of course, fully aware of the contemporaneous circumstances, in particular, the physical persecution (fitna) of Muhammad and his followers by the polytheist and pagan tribes in Arabia and the necessity for the Muslims physically to defend themselves. Later generations had to rely on the Commentaries (asbah al-nuzul) to explain the historical context. It is obviously important that modern generations do likewise and that the Qur’an is read with a full understanding of the relevant historical context. Life of the Prophet Muhammad (570-633 CE) 3 2 OUP 2004, at xxii-xxiii 3 See the useful introduction to M.A.S. Abdel Haleem’s translation of the Qur’an (OUP 2004). 89. The Prophet Muhammad was born in Mecca about the year 570 CE. Polytheism was the predominant religion in Arabia at the time, although pockets of Christianity and Judaism were to be found in places such as Yemen, Yathrib and amongst the Arab tribes of the North under Byzantium rule. There was no central government. Desert conditions were harsh. There was competition for scarce resources and frequent fighting between tribes. 21

Select target paragraph3