151. In my view, proper syntactical analysis clearly militates against his suggestion. The tone of the passage is obviously serious in nature throughout. The Claimant is describing armed jihad in robustly positive terms as “good” and involving “courage”. He is telling his audience that it is wrong for people to call the sort of jihad which has taken place in Chechnya, Kashmir and Iraq as “terrorism”. It should be noted that the Claimant accepted in cross-examination that he was clearly wrong to have included Kashmir, since this was on any view a ‘leaderless’ insurgency, i.e. not sanctioned and declared by a recognised leader of a Muslim state. 152. It could not properly be suggested that Muslims were engaging in “terrorism” when defending themselves. Accordingly, it is clear that the Claimant is clearly talking about a wider concept of jihad, i.e. aggressive notions of armed jihad (qital). His inclusion of a reference to defence of “his land and his deen” (and his later references to “Zionists” as being “terrorists”) support this. He explains that a characteristic of Muslims should be “strength” and exhorts Muslims to “be strong in your deen”. He then starkly contrasts this with references to death (“everyone of us has to die”) and chastises the “weak minded” who are not “steadfast”. His peroration (“You want to make jihad? Very good. Don’t shout and scream and fight with your Muslim brother who is doing something else for the deen. … etc.”) is thus clearly meant in the same serious tone. 153. The Claimant is clearly exhorting or encouraging or mocking those who simply “scream and shout” about jihad and fighting but actually do nothing practical (i.e. armchair jihadists), to get up and “do something else for the deen” and go and fight. His reference to “take some money” and “Zionists in Palestine” reinforces the seriousness of his message. In my view, one does not need to hear a tape of the speech to glean this clear clarion call for ‘actions not words’ by the Claimant. Other explanations by the Claimant 154. Mr Bennett suggested that the Claimant was merely employing rhetorical devices in this speech. I disagree. In my view, the plain meaning of the words used by the Claimant is clear and there is no reason to suppose that the Claimant did not mean what he said. If, as the Claimant now claims, his intention in the speech was to stop young people engaging in jihad abroad, in my view, the Claimant would not have said what he did say (in particular “…go to Palestine and fight, fight the terrorists, fight the Zionists...”), i.e. the exact opposite of what he is now saying he meant. 155. Mr Bennett sought to place weight on the FSIC statement as a contemporaneous denial of the meaning now attributed to the speech by the BBC. However, the fact that “The Sunday Times” had attributed the same meaning to the speech at the time as the BBC do now might be thought to be a more significant point. 156. Professor Gleave sought to suggest that the Claimant’s references to the conflicts in Palestine, Chechnya, Kashmir and Iraq were the Claimant merely arguing that Muslims should resist ‘societal pressure’ to label these conflicts as (illegitimate) jihad when the Muslims in these countries were merely defending themselves. However, Professor Gleave’s explanation takes no account of the blanket approval of what is being done in these conflicts, purportedly in the name of Islam, including violent and indiscriminate attacks on innocent civilians. Inferentially, the Claimant is saying “… this is not terrorism”. 34

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