ji·had·ica

Hayat Tahrir al-Sham’s Internal Conflict and Renewed Tensions with Hurras al-Deen

Tore Hamming February 15, 2019

On 1 February Abu al-Yaqzan al-Masri, a senior religious official (shar‘i) representing the hardliner wing within Hayat Tahrir al-Sham (HTS), announced his defection from the group. Al-Masri’s decision came as a direct response to a recent interview with Abu Muhammed al-Julani, the amir of HTS, in which he gave his support to Turkey’s planned operations against the Kurds in northeast Syria. HTS’s rapprochement with Turkey has long been a sensitive issue causing problems both within the group and between HTS and al-Qaida-aligned figures. In a speech published on 5 February 2019, al-Qaida leader Ayman al Zawahiri reiterated his criticisms of HTS, albeit not mentioning the group explicitly.

Al-Masri, who allegedly was arrested by HTS following his defection, has long been a critical voice within HTS. As recently as 30 December 2018, he said in a videotaped sermon in Idlib that Turkey’s battle against the Kurdish YPG is “between a secular army and a secular, atheist party; a battle that is one episode in a long struggle between Turkish and Kurdish nationalists, in which Islam has no stake, and God’s word has no part.”But tensions in HTS over the issue of Turkey were already brewing back in September last year, when it was reported that al-Masri was objecting to the party line. Initially there were rumours that two other senior sheikhs, namely Abu Malik al-Tali and Abu Malik al-Shami, had also resigned, but those claims have since been refuted (see here).

Al-Masri’s defection was long in the making, prompted as it was by al-Julani’s rapprochement with Turkey. The defection is in itself a serious matter since al-Masri was a senior and extremely vocal shar‘i in HTS and rumoured to be heading al-Asa’ib al-Hamra’ (the Red Bands), an elite military force within the group. After migrating to Syria in 2013, he joined Ahrar al-Sham but later switched sides to HTS in September 2016. In the summer and fall of 2018, he was seen traveling to the battlefronts and publishing regular videos including a series called “short words from the land of jihad.” While it has been claimed that he was forced to resign, it appears more likely that the Egyptian could no longer tolerate the warm feelings between his amir and the Turks, who are apostates in the eyes of al-Masri. Back in September 2018, he delivered a sermon equating secularism with apostasy from Islam and explaining how Turkey is very much secular. Further attesting to his hardline approach in theology, al-Masri has also been one of the fiercest voices against rival Jihadi groups Nour al-Deen al-Zinki and Ahrar al-Sham for their close collaboration with Turkey.

The immediate reaction from HTS has been ambiguous. Al-Zubayr al-Ghazi, a senior HTS ideologue, called on al-Masri to remain in HTS despite his differences, saying that “the brotherhood of faith is greater than the brotherhood of groups and organizations” (fa-ukhuwwat al-iman a‘zam min ukhuwwat al-jama‘at wa-l-tanzimat). But for the group it was important to send a signal that going against the party line would not be tolerated. Hence, on the same day as al-Masri’s resignation, HTS published a ruling stating that no one is allowed to publish fatwas before they have been approved by the shariah council (also like to statement). Two days later, Abu Abdullah al-Shami, the head of HTS’s shariah council, sought to defend against al-Masri’s criticisms, writing that it is not HTS that is changing in shifting its position (meaning ideology), as the critics claim, but rather the strategic context is changing, requiring the group to navigate the changing environment. Reports of al-Masri’s detention notwithstanding, an HTS insider source told this author that the expectation inside HTS is that al-Masri will eventually return, although Hurras al-Deen might seem the logical choice on an ideological level as al-Masri’s future home.

Re-emergence of tensions between HTS and Hurras al-Deen

As if al-Masri’s defection and implicit criticism of HTS was not enough of a headache for the group, it came at a time when renewed debate between HTS and Hurras al-Deen was being kickstarted. To remind readers, Hurras al-Deen is mainly composed of former Jabhat al-Nusra members who defected either after al-Nusra rebranded to become Jabhat Fath al-Sham in July 2016 or after the creation of HTS in January 2017, which effectively completed the breaking of ties with al-Qaida. Since its establishment in February 2018, Hurras al-Deen has consistently been at odds with HTS, criticizing the group for breaking its pledge of allegiance (bay‘a) to al-Qaida, for diluting the religion and monotheism (tawhid), and for not handing over certain weapons of HTS to Hurras al-Deen that the latter claims are the property of al-Qaida.

The tensions between HTS and al-Qaida loyalists came to a head in spring 2017, when Sami al-Uraydi, a Syrian-based al-Qaida leader, published a series of extremely critical essays directed against his former comrades. The situation escalated further in the fall when HTS began to arrest some of the critics including senior figures like Uraydi, Abu Julaybib and Abu Khallad. But it was after the formal establishment of Hurras al-Deen in February 2018 as a new al-Qaida group in Syria that the tensions got out of control. On 5 May 2018, the first casualty was recorded when Abu Uqba al-Kurdi, a Hurras al-Deen shar‘i, was shot by HTS at a checkpoint in Abu Utba outside of Aleppo. The explanation coming from HTS’s Abu Malik al-Shami was that a car didn’t stop when it was asked to and thus was shot at. Only afterwards was it realized that the passenger was a member of Hurras al-Deen. The shooter was subsequently arrested. Hostilities would continue, however, and on 11 July Abu al-Miqdad al-Urduni was arrested by HTS on fraud accusations. Al-Urduni is not officially a member of Hurras al-Deen, but he is close to the group and a good friend of Uraydi’s. He remains imprisoned to this day. Around the same time, Hurras al-Deen started to complain that HTS was arresting its fighters and opposing its military attacks on the regime

The dispute re-emerged on 30 January when Hurras al-Deen amir Abu Hammam al-Shami and its chief shar‘i Sami al-Uraydi published a statement following a new round of meetings between HTS and the Hurras al-Deen leadership. Abu Hammam’s and Uraydi’s argument can be divided into two themes. First is that some of HTS’s weapons belong to al-Qaida, and since Hurras al-Deen now represents al-Qaida in Syria it is the rightful owner of the weapons. Second is the argument that HTS’s jihad is not on founded on correct aqida (creed) or manhaj (methodology). As a way to settle the issue, the two suggest that a group of ‘independent’ scholars of religion, namely Abu Muhammed al-Maqdisi, Abu Qatada al-Filastini, Nail bin Ghazi, Tariq Abdelhaleem, Hani Sibai, and Sadiq al-Hashemi, review the case and issue a judgment.

As expected, HTS members wasted no time in responding. The first response came from al-Zubayr al-Ghazi, a shar‘i in HTS’s military wing, in an essay titled “Does the Hurras group have rights and arms with Hay’at Tahrir al-Sham?” Al-Ghazi builds his argument around the case of Abu al-Khayr al-Masri, al-Zawahiri’s deceased deputy, who according to the author not only ruled that al-Nusra could cut ties with al-Qaida but also that everything in its possession (including weapons) should remain its property. Al-Ghazi threatens that HTS could at anytime publish al-Khayr’s written ruling. To prove that Abu al-Khayr was in fact al-Zawahiri’s deputy at the time, six letters from al-Qaida shura members were shared (here, here, here, here, here and here). HTS claims (through al-Ghazi) that in a meeting on 5 January 2018 between Abu Hammam and al-Julani with Sheikh Abu Abd al-Karim al-Masri (an al-Qaida shura council member) as the overseer, 16 clauses were decided upon, among them the ruling of Abu al-Khayr – before his death – that the possessions of Jabhat al-Nusra would become the possession of (first Jabhat Fath al-Sham and then) HTS. Al-Ghazi only mentions 10 of the clauses, of which Hurras al-Deen, he states, would eventually break six (1-4, 8 and 10). He goes on to explain that after the agreement was made between al-Julani and Abu Hamman, both went back to their respective groups for final approval, but Abu Hamman’s al-Qaida loyalists (this was before the formal establishment of Hurras al-Deen) would not accept it (according to Abu Abdullah al-Shami not a single of the 16 clauses were accepted) and as a result Abu Hammam even offered his resignation (which was not accepted). Abu Hammam then referred the issue to a group of scholars for them to decide the issue.

The scholars’ reaction

As soon as the statement by Abu Hammam and Uraydi was published, I reached out to al-Maqdisi and Abu Qatada to ask how they would respond. Al-Maqdisi’s response left little doubt concerning his position on HTS. He answered that adjudication is not possible at the moment as HTS behaves like the Islamic State, and it is pointless since a potential judgement would never be implemented, whether it came from him or from Abu Qatada. Abu Qatada was more diplomatic in his response, saying that he awaited an invitation from both parties before he would intervene. In statements on their telegram channels, Abdelhaleem and Sibai conveyed similar arguments. Abdelhaleem wrote that ruling in this case is impossible because it would require both parties to accept the ruling, which could not be enforced, while Sibai was more diplomatic but essentially said the same.

Afterwards al-Maqdisi, Sibai, Abdelhaleem, al-Hashemi and Nail bin Ghazi all agreed to arbitration subject to acceptance by HTS. Abu Qatada, who recently has been perceived as moving closer to HTS, still has not responded directly to the invitation, but in typical Abu Qatada fashion he authored an ambiguous statement stressing that people should focus on good things rather than be sources of enmity. This aligns with his general efforts in the last two years to promote reconciliation rather than provoke conflict.

While the scholars nominated by Hurras al-Deen to judge appear overwhelmingly in favour of Abu Hammam and Uraydi, HTS has the support of the most important factions of foreign fighters (muhajireen) in Syria (see here and here). The fact that the Turkistani Islamic Party (TIP) continues to side with HTS is particularly important as there have been questions whether it would switch sides due to its historic relationship with al-Qaida.

On 4 February Abu al-Qassam (an al-Qaida shura council and Hurras al-Deen member who accompanied Abu al-Khayr from Iran to Syria in late 2015) and Abu Muhammed al-Sudani also weighed in. In a gentle tone they suggested that the issue should be solved through arbitration by the scholars. A similar suggestion was made by Abu Abdalrahman Mekki, who is affiliated with Hurras al-Deen.

Renewed debate between Abu Abdullah al-Shami and Sami al-Uraydi

Entering the fray next was Abu Abdullah al-Shami, the head of HTS’s shariah council and thus the highest religious authority in the group. Al-Shami is no stranger to verbal combat with al-Qaida and especially Sami al-Uraydi, whom he debated at length back in fall 2017 about the issue of allegiance to al-Qaida. As part of the latest controversy, he published a statement titled “Six Issues” in which he comments on six issues raised by Hurras al-Deen figures. On the matter of weapons, he makes the same argument as al-Ghazi, invoking the ruling of Abu al-Khayr to conclude that the weapons are the property of HTS and under no circumstance are to be given to Hurras al-Deen. Al-Shami concludes that the weapons issue has been settled from a legal (shar‘i) perspective, and thus HTS will not accept arbitration by the scholars of religion in the matter. Nonetheless, and almost comically, al-Shami notes that arbitration by the Salvation Government, the HTS-dominated government in Idlib, remains a possibility.

Another important point raised by al-Shami is the issue of a military council. In their statement from 30 January, Uraydi and Abu Hammam criticized HTS for proposing a multi-group military council to be led by a figure from Faylaq al-Sham, a Free Syrian Army- and Muslim Brotherhood-linked group. Al-Shami says that Hurras al-Deen makes a mistake in focusing too much on the proposed individual rather than considering the greater good that would be derived from such a military coalition. Interestingly, he draws a distinction between the Free Syrian Army and the National Army, consisting of Ahrar al-Sham and Nour al-Deen al-Zinki, arguing that the former is more legitimate than the latter (despite Ahrar and al-Zinki being jihadi groups). Al-Shami ends his statement by claiming that Hurras al-Deen is at fault for the conflict between the groups and that it should stop trying to recruit fighters from HTS.

As expected, al-Shami’s long-time foe Sami al-Uraydi could not let the former’s words pass without comment. In a response, Uraydi teases al-Shami for being inconsistent in his opinions from the days of al-Nusra to HTS, the ‘Six Issues’ being no exception. Uraydi even compares al-Shami to the Islamic State and its late spokesperson Abu Muhammed al-Adnani in that the Islamic State would not accept arbitration by an ‘independent’ group of scholars and instead al-Adnani challenged none other than al-Shami to a mubahala (mutual imprecation). Commenting on the specific issue of the rights to the weapons, Uraydi rejects the claims made by al-Shami and argues that Hurras al-Deen has evidence that refutes HTS’s argument that Abu al-Khayr had made a definitive judgement. HTS, it will be recalled, has said on several occasions (through al-Shami and al-Ghazi) that it has proof of Abu al-Khayr’s judgement. Uraydi rejects this. On the establishment of a group of scholars to arbitrate, Uraydi actually suggest combining the two proposals to satisfy both parties, meaning including judges from the Salvation Government and independent scholars.

On the matter of establishing a new military council, Uraydi shoots back saying that Hurras al-Deen already has a military coalition, namely ‘Incite the Believers’ which is made up of Hurras al-Deen, Ansar al-Islam and Jabhat Ansar al-Deen. Hence, there is no need for another military coalition especially not one against al-wala’ wa-l-bara’. Uraydi finishes his response with an implicit threat. The earlier position of the Islamic State on  arbitration led to infighting between the mujahideen, and HTS should be extremely careful so that history does not repeat itself. Addressing the HTS fighters directly, Uraydi tells them that the disagreement is not with them but with the leadership of HTS, and that they simply want it to be resolved through legitimate arbitration.

De-escalation or infighting?

The exchanges between al-Shami and Uraydi left the relationship between the groups and their respective supporters in an extremely precarious state. Would the tensions be relaxed or would they escalate into infighting? On 7 February, Abu al-Qassam published a message aimed at deescalating tensions, urging the factions not to fight each other and to resolve their differences through legal judicial procedures (‘an tariq al-qada’ al-shar‘i). The same day, however, a fighter from HTS died from wounds resulting from an episode of infighting with Hurras al-Deen fighters in Aleppo countryside, bringing the tally of casualties from inter-group dispute to two. Hurras al-Deen quickly published its condolences and established a court to determine the fate of those who fired the bullet. One theory has it that it was HTS’s plan to manufacture a crisis between itself and Hurras al-Deen as part of al-Julani’s policy of rapprochement with Turkey and of establishing HTS as a moderate force. But this is probably to attribute too much cunning to the HTS leader.

As the infighting was beginning to become physical, on 10 February the two groups reached a deal concerning six issues to deescalate the conflict. The agreement stipulated that provocations in the media should come to a halt and that the issue of personnel and weaponry going from one group to the other should be settled. A committee to supervise the implementation of the agreement was created, the statement notes, though the names of its members were not given. Although the situation appears to be under control for the moment, one can be sure that Hurras al-Deen stands ready to take advantage of any further attempt by al-Julani to get closer to Turkey. In the event of more movement in that direction, more conflict will likely follow.

The future approach of al-Qaeda

Tore Hamming September 23, 2016

This is the second Q&A of the interview series with Ahmed Al Hamdan (@a7taker), a Jihadi-Salafi analyst and author of “Methodological Difference Between ISIS and Al Qaida“. Al Hamdan was a former friend of Turki bin Ali, and a student of Shaykh Abu Muhammad Al Maqdisi under whom he studied and was given Ijazah, becoming one of his official students. Also, Shaykh Abu Qatada al Filistini wrote an introduction for his book when it was published in the Arabic language. The interview series contains contains five themes in total and will all be published on Jihadica.com. You can find the first Q&A here.

Tore Hamming:

In July 2016, Jabhat al-Nusra broke away from AQ and established Jabhat Fatah ash-Shaam with the blessing of the senior AQ leadership. In his most recent speech (Brief Messages to a Supported Ummah 4) Zawahiri furthermore encouraged Jihadi factions in Iraq to unify and fight IS and Iran. Is the approach of a popular front not necessarily with allegiance to AQ, but simply being sympathetic to the movement, becoming the future for AQ?

Ahmed Al Hamdan:

There is a mistake in the question, as al Zawahiri did not seek the factions in Iraq to unite to fight the Islamic state, not in episode 4 nor in any part of the series.

Secondly: we must understand that wars and battles are magnets which attract Jihadi thinkers and I do not think that you would find a battle front or any popular movement whose people are not sons of the Jihadi movement. And we must understand that al Qaeda do not look to the matter from the perspective of upholding its name and achieving its organisational goals and if that was indeed the case, then they would not have accepted the breaking of ties with al Nusra for the benefit of the Muslims in Syria.

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Jabhat al-Nusra’s Rebranding in the Eyes of the Islamic State

Cole Bunzel September 22, 2016

When Abu Muhammad al-Jawlani, the leader of al-Qaida’s Syrian affiliate Jabhat al-Nusra, announced on July 28, 2016 that he was dissolving his group and setting up a new one, Jabhat Fath al-Sham (JFS, “the Front for the Conquest of Sham”), that would not be subordinate to al-Qaida, he put to rest more than a year of speculation that such a move was in the offing. Jabhat al-Nusra had been, after all, prepared to end its formal relationship with al-Qaida. But in settling one question Jawlani raised two more: Was Jabhat al-Nusra (now JFS) really distancing itself from the terrorist organization? And had al-Qaida leader Ayman al-Zawahiri really given this separation (real or nominal) his blessing?

The first question is perhaps best left to governments and journalists, but there is at least one reason to see the rebranding as more than superficial. This is that Jawlani’s maneuver alienated a number of prominent Jabhat al-Nusra hardliners who have yet to join JFS. (One rumor puts the number of these “defectors” at well over a hundred.) Presumably these men felt that joining JFS would amount to endorsing an excessively moderate and inclusive political vision.

The second question, whether Zawahiri blessed this rebranding, also remains open. To be sure, Jabhat al-Nusra and al-Qaida portrayed the move as having al-Qaida’s support—as an amicable separation. But the Islamic State has begged to differ. The true story, in its view, is that the “traitor” Jawlani struck again: having betrayed Abu Bakr al-Baghdadi and the Islamic State back in 2013, he turned on Zawahiri and al-Qaida in 2016. Such a view should perhaps be viewed with skepticism, but it also deserves consideration. Understanding both sides of the story requires first revisiting some of the words of Zawahiri that are key to both narratives.

Zawahiri’s mixed message

On May 8, 2016, al-Qaida’s official al-Sahab Media Foundation issued an audio statement from Zawahiri concerning the war in Syria. Coming to the issue of Jabhat al-Nusra’s relationship with al-Qaida, Zawahiri delivered a most mixed message. That it was mixed is shown by the contradictory headlines it generated. “Zawahiri: Syria’s Nusra Free to Break al-Qaeda Links” was the title of an al-Jazeera English article. “Zawahiri Warns Nusra against Separating from al-Qaida” was the title of an article in an Arabic newspaper. Evidently, what the al-Qaida leader had said was unclear.

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Did al-Maqdisi make a deal with the Jordanian regime?

Joas Wagemakers July 29, 2014

On 16 June, Abu Muhammad al-Maqdisi, the well-known Jordanian radical Islamic ideologue, was released from prison. In the six weeks since his release, many people have argued that there must have been some sort of deal between al-Maqdisi and the Jordanian regime that caused the latter to release him. This blog post looks into these claims.

A Secret Deal

The idea that al-Maqdisi has made a secret deal with the Jordanian regime is widespread. On Twitter, for example, several people expressed their suspicion about al-Maqdisi’s release, claiming that its timing amidst the turmoil involving the Islamic State (of Iraq and Sham, IS(IS)) could not have been a coincidence. Similarly, The Economist stated that al-Maqdisi was released only after “he had been persuaded to issue two fatwas declaring followers of ISIS as ‘deviants’ and telling them not to make attacks in Jordan”. The connection between al-Maqdisi’s release and his criticism of ISIS/IS as a reason for his being set free was also pointed out in the Jordanian media. ‘Umar ‘Ayasira, for instance, a regular columnist for the Islamist daily Al-Sabil, questioned the timing of al-Maqdisi’s release. Although he explicitly denies that al-Maqdisi made a deal with the authorities, he does claim that the shaykh’s critical views on the Islamic State serve the interests of the Jordanian government, which is concerned about that organisation’s rise in Syria and Iraq and therefore supposedly allowed al-Maqdisi to leave prison.

The latter closely resembles a general scenario I also suggested once. Writing in 2008 (after al-Maqdisi was released from a previous stay in prison), I stated that “Al-Maqdisi’s criticism […] could […] have a moderating influence on those committed terrorists who are unlikely to be swayed by anyone else. In practice, this policy would mean allowing al-Maqdisi to spread his ideas without interfering with him too much as long as he does not materially support terrorism. The drawback of such a policy is that, while possibly helping to moderate an extremely violent fringe among jihadists, al-Maqdisi’s still radical writings might simultaneously inspire a whole generation of new terrorists. Considering the fact that the Jordanian government apparently does not have a viable case to keep al-Maqdisi in prison, however, this policy of non-interference may be less unacceptable than it sounds.”

Evidence

Scenarios like these and rumours of a deal with the authorities beg the question: what is the evidence for this after al-Maqdisi’s latest release? I asked one person on Twitter who was convinced of a deal whether she had any proof of her suspicions or was simply extrapolating from other, seemingly similar cases in other contexts. Her answer was that she did not have any specific evidence at all and was simply drawing parallels with other cases that she had seen before. This is quite honest, of course, but it is typical of those who claim that al-Maqdisi made a deal with the Jordanian regime: they offer no proof whatsoever.

To be sure, a healthy dose of scepticism towards what goes on in Jordanian prisons and how this is related to the country’s politics is perhaps quite justified. This scepticism becomes slightly conspiratorial, however, if one keeps suspecting fire without even a hint of smoke. When I asked al-Maqdisi about this when I talked to him a few weeks ago, he obviously denied it, yet not by adamantly rejecting these claims; he simply shook his head in disbelief, disappointed about people’s willingness to believe such rumours. It is indeed unlikely that al-Maqdisi made a deal with the authorities, but we don’t have to take his word for it.

Criticism of ISIS/IS

One thing that most claims about al-Maqdisi’s alleged deal with the authorities mention is his criticism of ISIS/IS. Since the latter organisation may develop into a threat to Jordanian security because of the relatively large number of ISIS/IS-supporters within the kingdom, the idea is that al-Maqdisi’s release might contribute to keeping the Islamic State at bay and to moderating its adherents within Jordanian borders. Such an idea is certainly not entirely absurd and al-Maqdisi has indeed penned a few anti-IS articles since being released (see here and here) – widely reported in the Jordanian press (see here, here, here and here) – and did speak out against its supporters after the Jordanian radical thinker Iyad Qunaybi was attacked.

The problem with this reasoning, however, is that the regime does not need a deal with al-Maqdisi to get him to speak out against the Islamic State. In fact, al-Maqdisi has expressed (increasingly explicit) criticism of some jihadis in Syria and particularly ISIS since at least late 2013, long before he was released. This criticism ranged from advice to keep jihad and da’wa (missionary activities) unified (see also here), urgent calls to stop infighting among jihadis (see also here) and to refrain from engaging in fitna (chaos, strife) and clearly siding with al-Qaida leader Ayman al-Zawahiri to a clear disavowal of ISIS. In other words, al-Maqdisi’s condemnation of ISIS was part of a gradual process of advice he gave to jihadis in Syria, which in turn was not only rooted in his broader ideology but also – and more directly – influenced by the failure to successfully mediate between Jabhat al-Nusra and ISIS and his perception that the latter was mostly (if not entirely) to blame for this.

Timing

Yet if there was no deal, doesn’t that make the date of al-Maqdisi’s release – right in the middle of debates about ISIS and Jabhat al-Nusra – rather suspicious? Similar claims were made about al-Maqdisi’s release from prison in 1999 and 2005. With regard to the former year, it has been suggested that al-Maqdisi wrote a book in which he criticised what he considered excesses in takfir (excommunication) to get a more lenient prison sentence. As for 2005, several Jordanian journalists at the time suggested that al-Maqdisi had revised his radical views and that his 2004 and 2005 criticism of the alleged excesses committed by his former student and leader of al-Qaida in Iraq Abu Mus’ab al-Zarqawi played a role in his release then. Both claims are incorrect, however, as I have pointed out in detail elsewhere.

So what could explain al-Maqdisi’s release last June? Just like in 1999 (a royal pardon on the occasion of King ‘Abdallah II’s ascension to the Jordanian throne) and in 2005 (the regime acquitted him of the charges and had to release him), the immediate reason for al-Maqdisi’s release on 16 June was rather less conspiratorial than it seems: he had simply served his time in prison. Al-Maqdisi was arrested in September 2010 and was given a five year prison sentence. In Jordan, years in prison are not twelve, but only nine months long, making his sentence (5 x 9 months =) 45 months, which equals four years (48 months) minus three months. If one adds four years to September 2010 (September 2014) and subsequently subtracts three months, one simply gets to a release date in: June 2014. The fact that the Jordanian regime actually stuck to this release date instead of trying to keep al-Maqdisi in gaol a bit longer may have been inspired by the idea that al-Maqdisi might help dissuade a few more ISIS-supporters once he’s out, but it is clearly not evidence of any deal.

To deal or not to deal

All in all, it thus seems highly unlikely that al-Maqdisi has made a deal with the Jordanian regime to get released earlier. Even if the regime is willing to release a known radical scholar like him in order to allow him to fend off even more radical ideologues and militants, it is unlikely that they released him any earlier than necessary because of this. Given the fact that al-Maqdisi’s time had been served, the regime probably felt obliged to let him go, perhaps hoping that his ideological opposition against ISIS – a much more dangerous and immediate threat to Jordan than Jabhat al-Nusra, which al-Maqdisi does support – would serve them well. Whether al-Maqdisi’s freedom is actually going to contribute to greater security and stability in Jordan, however, remains to be seen.

Al-Qaida Advises the Arab Spring: The Case for al-Baghdadi

Joas Wagemakers September 21, 2013

The once fledgling Islamic State of Iraq has appeared to be going strong again since its leader, Abu Bakr al-Baghdadi, merged it with the jihadi efforts in Syria to become the Islamic State of Iraq and al-Sham (ISIS). Although this merger was apparently rejected by Abu Muhammad al-Julani, the leader of the Syrian Jabhat al-Nusra, at first, things now seem to be going smoothly. (See here for a recent report on Syria’s military opposition, by the way.)

Since the start of the ISIS in April of this year, much support for this state and al-Baghadi has been expressed among jihadis across the world. Not everybody seems to be convinced, however, and apparently some still see the need to criticise al-Baghdadi as a proper leader of the ISIS. For this reason, Abu Hummam Bakr b. ‘Abd al-‘Aziz al-Athari, one of the scholars who used to be on the Shari’a Council of the Minbar al-Tawhid wa-l-Jihad (and in theory still is) but now just publishes random articles every now and then, has written a tract in which he makes the case for swearing fealty to al-Baghdadi. As such, it gives interesting insight into the question of leadership of an Islamic state.

The man

Al-Athari starts his case by singing the praises of al-Baghdadi’s background. First of all, he writes, Abu Bakr al-Qurashi al-Husayni al-Baghdadi is a direct descendant of the Prophet Muhammad himself. Although this does not guarantee in any way that jihadis will like you – just think of the Jordanian and Moroccan royal families, who also claim to descend from Muhammad – it does give honorary status to al-Baghadi, which al-Athari stresses by citing hadiths in which the Prophet’s family is lauded.

Apart from al-Baghdadi’s family background, he is also a scholar of Islam according to al-Athari, having obtained an MA-degree in Qur’anic studies and a PhD in Islamic jurisprudence (fiqh) and having written a book on tawhid (the unity of God). This comination of Islamic knowledge and Prophetic descent makes him a special man indeed, al-Athari claims.

The mujahid

Al-Baghdadi’s qualities cannot just be found in his person, but also in his activities as a jihad fighter. He has taught at several mosques in Iraq, where he also served as an imam and preacher, al-Athari states, and he has led several jihadi groups. He is also a member of the Majlis al-Shura (consultation council) of the mujahidun and heads the shari’a and judicial councils of the Islamic State in Iraq.

Besides mentioning the many jobs al-Baghdadi has, al-Athari stresses that his leadership of ISIS was achieved through the pledge of fealty by the state’s Majlis al-Shura and the scholars in it, who agreed that al-Baghdadi should succeed the previous two leaders, Abu ‘Umar al-Baghdadi and Abu Hamza al-Muhajir, to become the new amir.

In his various capacities, al-Baghdadi has actively resisted the American invasion of his country “against his religion and his honour” and was instrumental in setting up and organising the Islamic State of Iraq, which was ruled on the basis of the Qur’an and the Sunna, al-Athari claims.

Throughout the period that preceded his leadership, al-Athari states, al-Baghdadi tried hard to listen to people, both young and old, in order to make Islamic rule pleasant for them. As such, he met with tribal representatives, jihadi groups and militias and called on all of them to pledge fealty to his predecessor.

The amir

Despite the man’s alleged abundant qualities, al-Athari dedicates several pages to “proving” that al-Baghdadi is indeed suitable for the job of amir. He lists ten conditions for leadership: the amir should be male, free, an adult, sound of mind, just, courageous, a descendant of the Prophet Muhammad’s Quraysh tribe, knowledgeable and suitable to lead the umma and serve its interests. Suffice to say, al-Athari believes that al-Baghdadi fits all the criteria.

Al-Athari then asks whether someone can actually be a good amir if not all Muslims have pledged fealty to him. He answers in the negative, stating that only the scholars responsible for this, the ahl al-hall wa-l-‘aqd, need to swear their loyalty to him and even they needn’t necessarily all agree on this. The idea that all members of the ahl al-hall wa-l-‘aqd should give their pledge of fealty (bay’a) to the amir is a Mu’tazilite idea, al-Athari claims, and the notion of popular support is derived from the concept of democracy. It will come as no surprise that al-Athari rejects both.

The fact that scholars from areas conquered by the ISIS may not necessarily endorse al-Baghdadi’s rule is no problem, al-Athari writes. These areas were not ruled by the shari’a, so the fact that al-Baghdadi’s state controls them now is great in and of itself, but even if these areas had been under shari’a rule, the consensus of the scholars is that the new ruler should be obeyed. The idea that al-Baghdadi is unknown to people and that this may hamper his ability to rule is false, al-Athari states, since he is not unknown at all. Even if this were the case, however, this would pose no problem to his leadership because individual people obviously do not have to know the leader personally to follow his rule.

Al-Baghdadi’s incomplete rule over Iraq and his lack of agreement with scholars in Syria about ISIS do not impede his leadership abilities either, according to al-Athari. The Prophet Muhammad did not rule everywhere on the Arabian Peninsula either and his leadership was certainly not in doubt. As for the scholars in Syria, al-Athari claims that the amir does not necessarily have to consult them to be allowed to incorporate this area into his state.

The caliph?

Al-Baghdadi’s descent of the Prophet Muhammad, his scholarly credentials and his actions as a mujahid who clearly builds his activities on the consensus of scholars and tries to work with others are the reasons why al-Athari believes he is such a great leader. He refutes all arguments that one may have against al-Baghdadi’s leadership and calls on Muslims in both Iraq and Syria to follow his lead and unite. In fact, al-Athari states that “we ask God that the time will come in which we will see our shaykh sitting on the thrown of the caliph”.

Much of this praise seems rooted in the idea that is also found in the work of Abu Muhammad al-Maqdisi and the Shari’a Council he started – of which, as mentioned, al-Athari is nominally still a member – namely that jihad should be legitimate, effective and fruitful. In other words, it should consist of exactly the type of scholarly sanctioned, thoroughly considered and widely consolidated actions that al-Baghdadi apparently engages in. Al-Baghdadi seems to combine the qualities of a thinker with those of a fighter and, in a nutshell, therefore seems to be precisely the type of “philosopher jihadi”, to use Nelly Lahoud’s phrase, that scholars like al-Maqdisi and al-Athari are searching for.

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