Dean's World

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bin Laden's "fatwa" - a call to hirabah

Z's dead, baby. But Osama bin Laden (OBL) remains alive.

Nowadays, we don't hear from OBL much - but evidence overwhelmingly suggests he is still alive. Alive, OBL still poses an immense threat to the security of the United States. The threat is not necessarily from another personally-orchestrated massive attack upon US soil, but rather the rallying effect that OBL has upon rank and file jihadis worldwide. It is unlikely in fact that OBL has any direct operational control over Al Qaeda - the latter organization now more of a "version 3.0" distributed entity rather than a coherent hierarchical chain of command.

OBL's primary influence comes from his fatwa (pronouncements). Traditionally, a fatwa has simply been a ruling on a religious matter - an interpretation of fiqh. A believer who has a question on religious interpretation or action would go to the ulema (learned scholars or local religious authorities) and present their case; the ulema would render an opinion after consultation with the Qur'an and those hadith which their School considered valid.

In the time of the Prophet SAW of course there were no schools of thought, only Islam - hence any pronouncement by the Prophet was a fatwa by definition. Likewise, the various Caliphs and Sultans and Mughals and whatnot also issued fatwa that applied to their subjects, because their authority was religious as well as political. In modern times, with the exception of Iran, no Islamic government claims religious authority and hence they do not issue fatwas (though certainly they compel their citizens through other means).

So how then can OBL claim such authority? Into the vacuum left by secular (tyrannical, to be sure) governments, stepped any charlatan with the desire to reshape Islam. Syed Qutb was that charlatan, and Bill Allison of now-defunct Ideofact blog did truly yeoman's work in deconstructing Qutb's writings. OBL simply took Qutb's ideas further, and has adopted a kind of "caliph in exile" mantle. Dan Darling has termed this dynamic "Magneto appeal".

The bottom line is that OBL has no authority to issue fatwa other than that granted to him by muslims themselves. To combat him, therefore, requires a systematic delegitimization of OBL as an authority. I undertook one such delegitimization a few years ago and am re-posting it here.

The primary text of OBL's fatwa in 2002 was as follows:

The ruling to kill the Americans and their allies--civilians and military--is an individual duty for every Muslim who can do it in any country in which it is possible to do it, in order to liberate the al-Aqsa Mosque and the holy mosque from their grip, and in order for their armies to move out of all the lands of Islam, defeated and unable to threaten any Muslim. This is in accordance with the words of Almighty God, "and fight the pagans all together as they fight you all together," and "fight them until there is no more tumult or oppression, and there prevail justice and faith in God." . . .

We — with God's help — call on every Muslim who believes in God and wishes to be rewarded to comply with God's order to kill the Americans and plunder their money wherever and whenever they find it.

The very first statement asserts that "killing Americans and their allies" is an "individual duty". The Qur'an does in fact support violence if in defense against attack, but here OBL explicitly describes the targets as "civilians and military." Note that if you make the argument that there is no such thing as a civilian, then that qualification is unnecessary. Presumably then OBL does make such a distinction, and thus he is knowingly calling for the murder of innocents.

What does the Qur'an have to say on the matter of killing innocents?

We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet, even after that, many of them continued to commit excesses in the land. Those who wage war against Allah and His prophet, kill the believers and plunder their property shall be disgraced in this world, and for them is a dreadful doom in the hereafter. (5:32-33)

The contrast is crystal clear. What OBL is calling for violates Qur'anic precepts. His assertion that this is the "duty" of all Muslims is thus ignorant and self-refuting. His gross ignorance of the Qur'an demonstrates that he is an impostor of religious authority.

(With irony, note that the very same ayats are interpreted by jihadis and Islamophobes alike to mean the opposite. Then again, translations of the Qur'an are inherently flawed...)

Also consider the following ayat, invoked by OBL, and a perennial favorite of Islam "debunkers" as well:

Surely the number of months with Allah is twelve months in Allah's ordinance since the day when He created the heavens and the earth, of these four being sacred; that is the right reckoning; therefore be not unjust to yourselves regarding them, and fight the polytheists all together as they fight you all together; and know that Allah is with those who guard (against evil). (9:36)

This is directed at two targets. First, the polytheists (or more accurately, pagans or idolaters) here are specifically the tribes of Saudi Arabia before Islam, who used to observe a year of 13 months after two years to combine the solar and lunar years, due to which they had to transfer the observance of Muharram to the succeeding month, Safar. This verse condemns their interference with the lunar calendar. Note that wrongful interpretations of the ayat usually hinge on mis-translating "polytheists".

Second, taken in a broader context, it says to fight them together as they fight you all together. Since Islam is not under attack by America or her allies (in fact, Muslims reside there as well, and none of the established schools of jurisprudence consider American muslims to be inferior or non-muslim), this ayat simply does not apply. One might argue as OBL does that America has attacked Islam, via proxy targets in Iraq, etc. but the very presence of muslims in the West essentially renders it moot. I can't speak to whether those who denounce Islam as inherently violent consider America to be at war with Islam or not; however it's probably accurate to say that if they don't, it's for lack of sufficient effort.

Finally, we come to the following ayats:

Fight in the cause of Allah those who fight you, but do not transgress limits; for Allah loveth not transgressors. And kill them wherever you find them, and drive them out from whence they drove you out, and persecution is severer than slaughter, and do not fight with them at the Sacred Mosque until they fight with you in it, but if they do fight you, then slay them; such is the recompense of the unbelievers. But if they desist, then surely Allah is Forgiving, Merciful. And fight them on until there is no more Tumult or oppression, and there prevail justice and faith in Allah; but if they cease, Let there be no hostility except to those who practise oppression. (2:190-193)

These ayats are often used by fanatics in a manner precisely opposite to their intent. The main points here are that fighting is only permitted in self-defense. If fighting starts, then kill them wherever they are found, unless they ask for mercy (an inherently Jacksonian model). Most importantly, show mercy when one has the upper hand.

Given that OBL calls for a campaign of violence against individual innocents, and relies on tortured readings (which could be lifted straight off JihadWatch) to buttress the claim, he is in fact calling not for jihad (which I have discussed in detail) but rather hirabah, or war of intimidation.

Hirabah is strongly condemned in the Qur'an, for example the explicit reference in 5:33 to those whose intent is "mischief through the land". AltMuslim.com wrote an excellent piece on hirabah earlier, which observed:

Because the word jihad roughly means "religious effort," the West can come off as attacking the daily life of ordinary Muslims, while terrorists get away with wrapping their crimes in religious phraseology. Muslim scholars are meeting in Washington with US officials to change this. "When people carelessly dump on jihad, it has an immediate polarizing effect," said Khaled Abou el Fadl, a professor of Islamic law at UCLA who will attend the meeting. "It may not change much, but it allows Muslims and non-Muslims to say something about terrorists without appearing to malign Islamic theology.

Speaking in God's Name (Khaled Abou el-Fadl)Khaled Abou el Fadl, referred to above, is an accomplished writer on Islamic law. His book, Speaking in God's Name, is a very thorough look at how religious terminology is abused by the extremists. It is vitally important that these differences in terminology are understood - more than merely semantics, it is the framework for understanding the problem of radical fascist Islam and the underlying problem of tribalism. I urge other bloggers to make a point of calling terrorism harabah and not jihad, and to avoid labeling every frothing opinion of extremists as a fatwa.

Islam is actually the solution to the problem. It is in our collective best interest to understand the classical interpretations of Islam, because that understanding can shape policy. Consider post-war Iraq. If we simply set up a barbie dolls and rock and roll culture, then there will be a fundamentalist backlash. And as we saw with Afghanistan, should the fanatics gain power, they become incubators for terror groups like Al-Qaeda.

This is the propaganda war we must fight against OBL. We can buy into his framing, and let him continue to hijack the faith (and even lend him aid and comfort as he does so by accepting his interpretations). Or, we can delegitimize his authority - and it starts by using a simple word in place of another.

Related Posts (on one page):

  1. Muharib spill muslim blood in Baghdad masjid
  2. bin Laden's "fatwa" - a call to hirabah
Posted by Aziz P | Permalink | Technorati Trackbacks
Nicholas V. (mail) (www):
Thanks for posting this, Aziz. This is the way in which this particular violent movement will ultimately come to an end. It's incredibly valuable to have clear-thinking people like you speaking out.
6.12.2006 12:22pm
jlb (www):
Excellently written, Aziz. Thank you.
6.12.2006 1:40pm
maryatexitzero (mail):
Consider post-war Iraq. If we simply set up a barbie dolls and rock and roll culture, then there will be a fundamentalist backlash. And as we saw with Afghanistan, should the fanatics gain power, they become incubators for terror groups like Al-Qaeda.

If we had simply tried to set up a democracy in a post war Germany that still had many active, growing fascist paramilitary groups in power, there would have been a fascist backlash there too. That's why it's important to defeat the bad guys beforehand. Attempting to install democracy without dismantling powerful extremist groups first is like reconstructing New Orleans by painting over the rotted, broken houses without repairing. It's a waste of time. The best way to keep the fanatics from gaining power is to eliminate the fanatics. That's what always worked in the past.

Fanatics are inflamed by cartoons, by words, by Valentine's day, by Burger king. Let's face it, they're inflamed by the fact that we're breathing. If we, as non-Muslim westerners, try to fight a propaganda war against al Qaeda, we will be wasting our time. We'll also be wasting a lot of our money, money we can't afford to lose.

However, since the majority of Muslims do not support al Qaeda, any efforts that they can make to condemn OBL and deligitimize the Saudi-financed paramilitaries out there will be a great benefit to Muslims as a group. After all, most of the victims of al Qaeda are Muslim. You all have every reason to make every effort to diminish their authority, and it's good to see that many moderates like you are making the effort to do this.
6.12.2006 2:35pm
matoko-chan (mail) (www):
aziz-habbibi,
OBL == takfiri a**hole.
;-)
6.12.2006 3:08pm
Jimmy the Dhimmi (mail) (www):
It is in our collective best interest, to understand the classical interpretations of Islam, because that understanding can shape policy

I'm glad you said this, because too many Muslims in the world today treat the Koran as if every line can be removed from its context in the 7th century and applied to our modern era exactly as written.

For example, you mention 5:33 which prescribes torture and execution for those who commit "corruption in the land.", later in the same Sura (5:64), Mohammad says:

The Jews say: Allah's hand is fettered. Their hands are fettered and they are accursed for saying so. Nay, but both His hands are spread out wide in bounty. He bestoweth as He will. That which hath been revealed unto thee from thy Lord is certain to increase the contumacy and disbelief of many of them, and We have cast among them enmity and hatred till the Day of Resurrection. As often as they light a fire for war, Allah extinguisheth it. Their effort is for corruption in the land, and Allah loveth not corrupters

Because Jews are mentioned generally here, Islamists will apply this generally to all Jews today (and therefore should torture and kill them), even though Mohammad was specifically refering to the Jews of 7th century Arabia because of his quarrels with them. Torture was also a common punishment amongst all Arabian tribes at that time, and has no bearing what-so-ever in today's world.

You have to admit, when Muslim ecclesiastes and traditional schools of jurisprudence proclaim that the Koran is God's eternal words, it is difficult for people to reject a literal application of the Koran and Koranic laws in the 21st century. Especially when the majority of Ayatollas and Muftis throughout the Middle east advocate adapting modern society to the 7ht century teachings, rather than the other way around.

How do you think Muslims like yourself can challenge the hegemony of these Ayatollas and Muftis across the Muslim world? Isn't that like Andrew Sullivan trying to convince the Pope to allow for gay marraige in the Catholic Church?
6.12.2006 3:18pm
eteraz (mail) (www):
well done aziz. i like the switch from jihad to harabah. what about calling it qital as some have suggested? in the end, i agree, that we need to add an element of criminality to obl's behavior.

by the way you might stop by my blog and look at the 'problematic quran verses' section. my first post was about the slayer verse 9:5, which obl relied upon in that fatwa. i made similar arguments as you.
6.12.2006 3:53pm
Aziz (mail) (www):
J to the D:

"You have to admit, when Muslim ecclesiastes and traditional schools of jurisprudence proclaim that the Koran is God's eternal words, it is difficult for people to reject a literal application of the Koran and Koranic laws in the 21st century."

er, why do I have to admit this? the debate whether the Qur'an is literal or symbolic has been ongoing for 14 centuries and almost all muslims nowadays apply varying elements of literalism and interpretation as they see fit (as as their madhabs instruct).

I pretty much reject teh Andrew Sullivan example - its simply isnt true that mainstream Islam adheres to the extreme literalist view as you imply. There is no hegemony in Islam on religious thought except where that hegemony is enforced with state power.

thanks Ali - lets get an index up that we can post at CoB and eteraz.org that summarizes the various exegesis that we have both done. Can you send em a list of links to posts youve written? Ill send out a call for more. We still need to get eth carnivval of brass off the ground, i was disappointed that so few replied t my email on that.
6.12.2006 4:05pm
Martin L. Shoemaker (www):
I hate to just be an echo, but I gotta say it: thank you, Aziz.
6.12.2006 4:35pm
Jimmy the Dhimmi (mail) (www):

...the debate whether the Qur'an is literal or symbolic has been ongoing for 14 centuries and almost all muslims nowadays apply varying elements of literalism and interpretation as they see fit (as as their madhabs instruct).
I think this is precisely why it is difficult for many Muslims to reject archaine Koranic commandments ; it wouldn't be a problem if the debate were not still ongoing, or there were no variation amongst interpretations.

Isn't the largest madhab of Sunni Arabs, the Salafist school? And is it not commonly accepted amongst mainstream Salafist scholars that the punishment for apostasy is death, and religions like Christianity are forbidden to be proseletyzed in a Muslim land?

Even simple things like polygamy and the full-length chador are abhorrent medeival practices, yet they are more-common-than-not in the Muslim world. Do these practices exist today solely because of state power?

If you are a Catholic, would you not seek the wisdom of the Pope on how to live a christian life? If you are Shi'at, would you not do the same with the Grand Ayatolla?

At what point does state power break down, and ecumenical power begin (i.e. the power placed into religious authority by believers)?
6.12.2006 5:20pm
Aziz (mail) (www):
J^D:

Salafism is not a madhab. Salafis are members of different madhabs - I think Hanbali is the most popular. Other Salafis reject madhabs entirely.

Here are some background articles from Wikipedia which are probably mostly accurate:

http://en.wikipedia.org/wiki/Salafism

http://en.wikipedia.org/wiki/Madhab
6.12.2006 5:41pm
Jimmy the Dhimmi (mail) (www):
My mistake, maybe I was thinking of Shafi (sounds like Salafi), which if I am correct, is the one that says adultery is punishable by 100 beatings, not death as the other 3 schools teach.
6.12.2006 6:14pm
Dean Esmay:
er, why do I have to admit this?

Best. Response. EVER!

LOL.
6.13.2006 10:15am
maryatexitzero (mail):
Instead of calling them jihadis, we could call them jihasbeens.

More than 40% of Osama and company's trained mujadiheen have been killed by coalition forces. Publicizing that fact is a good way to delegitimize OBL's authority.
6.13.2006 11:33am
Jimmy the Dhimmi (mail) (www):
I think my response about the Shafi Mudhab was better, eh Dean?

Aziz says:
all muslims nowadays apply varying elements of literalism and interpretation as they see fit (as as their madhabs instruct).
Let me clarify my above response: Isn't it true that all 4 Madhabs of Sunni Jurisprudece and all of the Ayatollas of the Shi'at proclaim that apostasy is punishable by death, adulterers must be beaten or killed, polygamy is encouraged, homosexuality is a crime? ect...

If the above premise is true, and If Mudhabs are important to individual Muslims for their interpretations of the Koran (as you have clearly stated), wouldn't you admit that it may be difficult for muslims who place faith in Madhabs to flat out reject what they say?

Aziz's response: "er, why do I have to admit this?"

Me: "because it is a logical conclusion that naturally follows from the premises that you accept as true."

If it is not difficult for Muslims to reject what their Mudhabs teach, are you not indicting your fellow everyday Muslims for not standing up to authority? What if most Muslims philisophically agree with their respective Mudhab scholars?"

Deans counter arguement: "You are a very silly Jimmy"
6.13.2006 12:33pm
Jimmy the Dhimmi (mail) (www):
*---(crickets chirping)---*

J to the D droppin Knowledge like Bombz
Killin' threadz wit my dope Logik!
6.13.2006 10:49pm