ji·had·ica

Diluting Jihad: Tahrir al-Sham and the Concerns of Abu Muhammad al-Maqdisi

It has been widely assumed in Western capitals that the latest incarnation of Syria’s al-Qaida affiliate, Hay’at Tahrir al-Sham (née Jabhat al-Nusra), remains fundamentally unchanged. It may have publicly renounced ties to al-Qaida back in July 2016 and softened its rhetoric somewhat, so the thinking goes, but it has not transformed itself in any meaningful way. It is still al-Qaida through and through.

Don’t tell that, however, to Abu Muhammad al-Maqdisi, the preeminent Jihadi-Salafi scholar living in Jordan who vehemently disputes all of the above. Indeed, the problem with this portrayal of Tahrir al-Sham is that it ignores the existence of a profound controversy in jihadi circles surrounding the nature of the group, which some argue has lost its way. According to these critics, al-Maqdisi chief among them, not only was the break with al-Qaida real as opposed to superficial, it was never actually endorsed by al-Qaida chief Ayman al-Zawahiri. What is more, since breaking with the mother organization, the group has sacrificed longstanding jihadi principles—such as the duty of excommunicating and separating from secularists and democrats—for the sake of broadening its appeal and pursuing unity with more nationalist-minded groups. In short, the jihad in Syria has been imperiled.

Al-Maqdisi is no stranger to internal jihadi controversies, as readers of Jihadica will well know. Historically his criticisms have centered on the extremist tendencies of the jihadi movement, most famously the excesses of Abu Mus‘ab al-Zarqawi and the Islamic State. Here, however, his target is not extremism but rather laxity, or in his word “dilution” (tamyīʿ).

Syria’s rebels divided

Al-Maqdisi’s concerns should be viewed against the backdrop of recent developments in Syria’s rebel scene, which recently saw the emergence of Tahrir al-Sham out of Jabhat Fath al-Sham and the consolidation of its main rival, Harakat Ahrar al-Sham. As Aron Lund and Aymenn al-Tamimi have recently explained, the two groups, Jabhat Fath al-Sham and Ahrar al-Sham, nearly came to blows in January 2017 when the former attacked several Western-aligned insurgent factions taking part in peace talks in Astana, Kazakhstan. The smaller groups sought protection by joining Ahrar al-Sham, an Islamist militia with ties to Turkey and Qatar. In response, on January 28, Jabhat Fath al-Sham and four other hardline groups announced the formation of Hay’at Tahrir al-Sham (“The Committee for the Liberation of al-Sham”) as the new vehicle of Syria’s revolution and jihad. Abu Jabir Hashim al-Shaykh, a former Ahrar al-Sham hardliner, was named leader.

This reordering marked the end of nearly six months of failed initiatives aimed at uniting Ahrar al-Sham and Jabhat Fath al-Sham. The latter had hoped, by splitting with al-Qaida in July 2016, to unify the armed opposition under its banner. But ideological and strategic differences between the two groups proved insurmountable.

Two particular points of contention are worth mentioning here, as al-Maqdisi refers to them frequently. The first is Turkey’s military intervention in the northern Aleppo countryside known as Euphrates Shield, which is aimed at beating back both the Islamic State and the Kurdish-led Syrian Democratic Forces. Ahrar al-Sham has long been involved in the operation and even endorsed it in a fatwa. Jabhat Fath al-Sham, by contrast, prohibited its forces from participating, deeming coordination with the Turkish military to be unlawful “seeking of help” from foreigners. The second issue is the Astana conference that took place on January 23-24. While Ahrar al-Sham ultimately decided not to attend, it still publicly supported those groups that did. Jabhat Fath al-Sham, meanwhile, condemned the talks and urged all to keep away.

Jabhat Fath al-Sham is clearly the more ideologically pure group in this contest. But none of this was enough for al-Maqdisi.

Al-Maqdisi seeks clarity

Al-Maqdisi’s criticisms of what is now Tahrir al-Sham in fact go back to November 2016 when, writing on his Telegram channel, he regretted the group’s breaking of ties with al-Qaida. Having given his blessing to the break back in July, he now admitted that it failed to yield any benefit—it had not produced greater unity or lightened the international coalition’s bombing. If it worked to anyone’s advantage, he said, it was to that of “the diluters” (al-mumayyiʿa), those in the group willing to compromise on “the principles of the path (al-manhaj).”

The term “diluters,” meaning those who would water down strict monotheistic principles, has long formed a part of al-Maqdisi’s lexicon. In the context of Syria, he has mainly used it to denigrate groups that seem Western-oriented or not fully committed to implementing the sharia. But gradually he began to use the term in reference to certain elements in Jabhat Fath al-Sham, and with the announcement of Tahrir al-Sham his criticism became more pronounced.

On January 29, the day after the announcement, al-Maqdisi offered cautious support for the group. Certain people “worried at the growing influence of the diluters,” he wrote on Telegram, were asking his advice concerning giving allegiance to Tahrir al-Sham. While acknowledging their concerns, he urged them nonetheless to pledge fealty if only “to increase the influence of the supporters of the sharia.” But his apprehension was growing by the day. (Al-Maqdisi writes one or two essays daily.)

On January 30, he wrote: “My thinking is that the influence of the diluters, after the formation of the Committee [i.e., Tahrir al-Sham], is now growing greater!” And on February 2, he called on Tahrir al-Sham’s new leaders to reaffirm the soundness of their path, the strength of their monotheism, and their disavowal of foreign powers. Particularly, they were to clarify their stance on Euphrates Shield and Astana, as some of the new groups joining Tahrir al-Sham had been involved or not so opposed to these.

Two days later, al-Maqdisi repeated his call for “clarity”: “clarity that the objective is to implement the sharia, not the laws of men”; “clarity concerning your disavowal of wicked coalitions such as Euphrates Shield”; “clarity concerning your disavowal of conferences and conspiracies such as Astana”; “clarity concerning your views on…secular regimes providing foreign backing.” He emphasized that this appeal was on behalf of certain concerned members of the group with whom he was in contact. One of these, whom he quoted at length, complained of feeling sidelined and unable to trust the new leadership.

Tahrir al-Sham responds

On February 10, Tahrir al-Sham’s leading sharia official, Abu ‘Abdallah al-Shami (real name ‘Abd al-Rahim ‘Utun), released a more than 20-page letter responding to al-Maqdisi. The latter’s criticisms, he said, were troubling to some in the group who held al-Maqdisi in esteem, and could even lead to defections. Evidently the old scholar still held some sway over Syria’s jihadis.

Al-Shami’s letter made a series of points, the first of which was that al-Maqdisi was ill-informed. For some reason he uncritically accepted the claims of individuals bearing personal grudges, when he ought to be communicating directly with the group. Al-Shami claimed to have made countless efforts to establish contact with al-Maqdisi, concluding that “he refused to communicate with us.” For this reason, it had been necessary to respond publicly.

The second point concerned terminology. Al-Shami objected to al-Maqdisi’s use of “diluters,” and its counterpoint “supporters of the sharia,” as imprecise and divisive. Throwing around vague accusations of “dilution,” he warned, implied excommunicating large numbers of fighters with different views on sensitive issues, such as the Islamic status of certain rulers. Al-Shami noted in particular the debate among Syria’s jihadis over whether Turkey’s Erdogan should be considered a Muslim or a heretic. Some, he explained, consider Erdogan, his government, and his military to be unbelievers, while others disagree or hold more nuanced views. Whatever the case, “those who do not excommunicate Erdogan are not necessarily diluters,” just as Usama bin Ladin was not necessarily a diluter for not excommunicating the Saudi government in his early years.

In his third point, al-Shami refuted the contention that Tahrir al-Sham was veering off the jihadi path. The group remained committed to “the same principles,” which included making the sharia supreme. It was also still strongly opposed to Euphrates Shield and Astana, though it was not going to declare the participants in either to be unbelievers. As for the issue of foreign backing, al-Shami argued, the group had never been against foreign support in theory. What it opposed was support with strings attached—namely, conditions inhibiting independence—and this it would continue to resist.

Al-Maqdisi holds firms

Four days later, a thoroughly unimpressed al-Maqdisi responded in turn, accusing al-Shami of failing to bring clarity to the important issues he had raised and making light of such important matters as the excommunication of secular rulers. Al-Maqdisi further charged al-Shami with not really trying to make contact with him and falsely questioning the reliability of his sources. All of this was an attempt to “cover up” the existence of a significant dissident faction in Tahrir al-Sham dissatisfied with the group’s trajectory. Some of these dissidents, al-Maqdisi said, had abandoned the group on the grounds that it had wrongly withdrawn allegiance from al-Qaida.

In this connection al-Maqdisi made an extraordinary revelation—if it is to be believed—as covered previously by Romain Caillet. He claimed that the breaking of ties with al-Qaida was not in fact approved by al-Qaida’s leadership. Back in July 2016, he explained, al-Shami communicated with him and several other scholars to win their support for the intended break. Al-Shami assured them that this step would be “superficial and nominal, not real,” and had the approval of “the majority of the deputies” of Zawahiri. In any event, if Zawahiri rejected it then Jabhat al-Nusra would “invalidate” the decision. Accordingly, al-Maqdisi tweeted his support for the move. Later, however, after “it was revealed” to him that he had been “deceived” by al-Shami, he deleted the post. The truth, al-Maqdisi asserted, was that al-Qaida’s “leadership was not in agreement” with the split: “After its rejection came to them [i.e., Jabhat al-Nusra’s leaders], they did not fulfill their promise to retreat from their superficial step, as they claimed and promised they would. Rather they stayed the course till they made it a real breaking of ties.”

This deception notwithstanding, al-Maqdisi affirmed that his greater concern was with Tahrir al-Sham’s “path” (manhaj), not its organizational affiliation. The one-time al-Qaida affiliate had remade itself into a revolutionary group—“liberation” (tahrir) having recently replaced the more Islamic “conquest” (fath)—and shown itself willing to embrace groups that wanted democracy, not sharia. This was a fact, he asserted, that al-Shami refused to acknowledge.

Abu Qatada’s intervention

On February 16, Abu Qatada al-Filastini, al-Maqdisi’s fellow jihadi scholar in Jordan, announced on Telegram that he had successfully intervened in the dispute between al-Maqdisi and al-Shami. The two had agreed to end the mutual recriminations. Al-Maqdisi’s daily criticism of Tahrir al-Sham would not ease up, but he did cease to engage in ad hominem attacks.

Abu Qatada’s peacemaking role was in keeping with his reputation as the relatively more moderate jihadi ideologue. Yet even he had been critical of Tahrir al-Sham, arguing that recent developments gave cause for concern. In a mid-February essay he expressed disappointment with Abu Jabir al-Shaykh’s first public statement as Tahrir al-Sham’s leader. Abu Jabir “was not clear” about what he stood for. Rather “his words were chosen in such a way as not to anger anyone or oppose anyone,” and this was worrying. “The speech he gave only increases the fearful in fear.”

By early March, however, Abu Qatada had changed his tone. In a rather self-critical fatwa posted to Telegram, he resigned himself to the fact that a new generation of jihadi leaders, one less ideologically rigid and less closed off to the larger Islamic community, was in the ascendant. “The jihadi current has long vacillated between partial openness and isolation,” he wrote, and the former tendency was beginning to make inroads—“the idea of the ideological group” was giving way to “a project of the Islamic community.” In his view, this had to be welcomed, though it meant the jihadi current was going to “splinter” further. “Believe me,” he said, “there are going to be more changes within the current.”

More than a name change

All this would suggest that Tahrir al-Sham is not just a new sign on an old al-Qaida building. Rather the new group is indicative of yet another tension in the jihadi movement that is only now coming to the surface. When al-Qaida in Iraq restyled itself the Islamic State of Iraq in 2006, few were those who saw this to be more than a simple name change. But as is well known now, that was not the case. The Islamic State of Iraq marked the start of a new project not really guided by al-Qaida. Something similar appears to be afoot today in Syria, only in “diluted” form.

Has al-Maqdisi Softened on the Islamic State?

Two months ago, Abu Muhammad al-Maqdisi, the leading Jihadi-Salafi scholar known for his fierce opposition to the Islamic State and support for al-Qaida, released an essay that was widely interpreted as a softening of his position toward the Islamic State. As Hassan Hassan recently pointed out, al-Maqdisi has made other pronouncements of late that would seem to point in the same direction, including a December 2015 tweet in which he said: “There is nothing to stop me from reassessing my position towards the [Islamic] State and enraging the entire world by supporting it…”

But is al-Maqdisi really ready to reassess his position? The answer is no, though he has added a little nuance and hope to it over the past year. In the same tweet, al-Maqdisi conditioned his potential reassessment on “the Islamic State reassessing its position toward excommunicating, killing, and slandering those Muslims who oppose it.” He knows that this is not in the offing.

Al-Maqdisi has actually always been a bit softer on the Islamic State than some of his peers in the jihadi scholarly community. The differences between them and himself come out clearly in his most recent essay, but have actually been on display in his writings for almost a year now. The differences center on two key questions: Should the Islamic State be considered a group of Kharijites (in reference to the radical early Islamic sect by that name)? And should it be fought proactively or only in self-defense? Al-Maqdisi is against labeling them as Kharijites, and he is against fighting them proactively. It is a position with potential implications for the future unity of the Jihadi-Salafi movement—or so he would like to think.

Four scholars and a fatwa

In assessing al-Maqdisi’s position, it is helpful to view him in the company of three other jihadi scholars of like mind, age, and stature: Abu Qatada al-Filastini (b. 1960), Hani al-Siba‘i (b. 1961), and Tariq ‘Abd al-Halim (b. 1948). Like al-Maqdisi (b. 1959), Abu Qatada is of Palestinian origin and lives openly in Jordan; al-Siba‘i and ‘Abd al-Halim are Egyptians living openly in London and Canada, respectively. In September 2015, in the first installment of his (very boring) six-part audio series on “the Islamic Spring,” al-Qaida leader Ayman al-Zawahiri singled out these four for praise, describing them as strong supporters of al-Qaida amid the controversy surrounding the Islamic State. Yet while Zawahiri lauded these “scholars of jihad” for remaining “steadfast upon the truth,” they were not all on the same message when it came to confronting the so-called caliphate.

The differences between them began to surface in the aftermath of a fatwa issued jointly by al-Maqdisi, Abu Qatada, and several others in early June 2015. Al-Maqdisi had already, a year earlier, denounced the Islamic State as a “deviant” group that should be abandoned in favor of al-Qaida. This fatwa was his first public statement on the permissibility of fighting the group. It was prompted by the Islamic State’s assault on certain Syrian Islamist groups in the Suran area of Hama, Syria. Describing the Islamic State as “the Baghdadi-ists” (al-Baghdadiyyin), it authorized repelling their assault on the grounds that doing so was legitimate “defense of the assault of those assailing Muslim lands.” Whether the assailants were Muslim or not was beside the point, the fatwa stated. The Islamic State was oppressive, aggressive, and flawed in methodology.

For al-Siba‘i and ‘Abd al-Halim, however, the fatwa did not go nearly far enough in condemning the Islamic State. Responding on social media, the two Egyptians decried the term “Baghdadi-ists”—a weak insult and an offense to Baghdad—and called for a more proactive approach. Al-Siba‘i wrote that fighting the Islamic State should not be limited by the principles of defensive warfare, as this would all but ensure further aggression by the group. Its fighters would retreat to safety only to return once again “to cut off heads and blow things up in homes, mosques, and markets.” ‘Abd al-Halim made the same argument, adding that the Islamic State should be fought so as “to root them out” and that its members ought to be described as Kharijites. The spat attracted some media attention, with one site making a collage of the four scholars.

Resisting the Kharijite label

The battle lines seemed clear enough. Al-Maqdisi and Abu Qatada were on one side, al-Siba‘i and ‘Abd al-Halim on the other. But there was also a minor difference between al-Maqdisi and Abu Qatada concerning the appropriateness of pronouncing the Islamic State Kharijites. Al-Maqdisi refrained from doing so, while Abu Qatada did so liberally. The difference, however, as both have admitted, was only surface deep.

In late June 2015, following the jointly issued fatwa, Abu Qatada issued another fatwa on the same subject, which al-Maqdisi endorsed. Titled “A Fatwa Concerning Defending Against the Assault of the Kharijites,” it came in response to some Libyan questioners facing a conundrum. Jihadis themselves who were fighting the Islamic State, they had qualms about wishing ill on the “the Kharijites” (i.e., the Islamic State) when they came under aerial attack by the forces loyal to General Khalifa Haftar, leader of one side in Libya’s civil war. Abu Qatada assured his correspondents that their wishes were appropriate, but he reminded them that these “Kharijites” were still preferable to the “apostates” constituting Haftar’s forces. He clarified that by “Kharijites” he did not mean all those fighting on behalf of the Islamic State, but only “its leaders, commanders, and overseers.”

As his endorsement indicates, al-Maqdisi’s views were the same. But he resisted using the Kharijite label even with Abu Qatada’s qualification.

In a short essay written about the same time as Abu Qatada’s fatwa, titled “Why Have I Not Called Them Kharijites Even Till Now?” al-Maqdisi explains his reasoning. He begins by noting that many jihadis who oppose the Islamic State, which he describes as “the State Group” (Jama‘at al-Dawla), have lambasted him for refusing to use the Kharijite label. Some have even purportedly told him “that many men and scholars have temporized in fighting them, using the fact that I do not call them Kharijites as evidence.” But al-Maqdisi says it is wrong for anyone to see in his reluctance to use the term any indication of “praise or accommodation.” For, he affirms, some of the group’s members are “worse than Kharijites.” To illustrate the point, he relates part of the story of his attempted negotiation with the Islamic State for the life of the Jordanian pilot Mu‘adh al-Kasasiba, who was immolated in a well-known video released in February 2015. That the negotiation was a hoax dawned on al-Maqdisi when the group sent him a password-protected file containing the video, the password being “al-Maqdisi the cuckold…” (This confirms the Guardian report with similar details.) Al-Maqdisi holds Islamic State leaders Abu Bakr al-Baghdadi and Abu Muhammad al-‘Adnani personally responsible for the slight. They are Kharijites through-and-through.

Yet for al-Maqdisi, the fact remains that not all of the Islamic State’s members are Kharijites. He does not fault Abu Qatada for using the label with qualification, but he will not use it himself since “most people do not know and do not understand this qualification.” The Kharijite label might lead people to fight the Islamic State “in order to root them out,” which would only serve “the interests of the idolatrous rulers,” the West, and the Shia. One must, he says, still hope that the Islamic State prevails against these enemies, notwithstanding its deviations. One cannot “support the apostates against them.” He also suggests that declining to call the group Kharijites could help in reaching out to certain of its fighters and in encouraging them to repent.

Not to be rooted out

In mid-March 2016, al-Maqdisi released the essay mentioned at the top of this post. It is mostly an extended justification of his position toward the Islamic State. He notes that “most of [the Islamic State’s] enemies” find his position “oppressive” but that he is going to stick to his guns, defending “the State Group” against the charge of Kharijism and criticizing those who fight it “in order to root it out.” According to his own account, al-Maqdisi delayed releasing the essay several times lest it appear at a “bad time” and be interpreted as justifying the Islamic State’s crimes. But with many in the Syrian opposition cooperating with the West and Turkey to fight the group, even accepting Western arms and directing the airstrikes of the U.S.-led coalition, he decided the time was finally right. The Islamic State, for all its faults, is still in al-Maqdisi’s opinion preferable to groups fighting on behalf of democracy—a form of polytheism in his opinion—and seeking the help of nonbelievers against Muslims—the Islamic State’s members still being Muslims in his view.

Al-Maqdisi reiterates his view that the Islamic State is not to a man a group of Kharijites, and argues that, even if it were, this is irrelevant. For even the Kharijites were still Muslims, he says, claiming the support of the majority view of Sunni Muslim scholars throughout history.

What has upset him in particular is the use—or misuse—by certain opposition groups in Syria of two Islamic texts concerning the Kharijites. The first is a statement attributed to the Prophet Muhammad, who says of the Kharijites that “if I could reach them, I would kill them as the the ‘Adites were killed.” The ‘Adites, as described in the Qur’an, were a recalcitrant Arabian tribe who rejected the preaching of the Prophet Hud, one of Muhammad’s prophetic predecessors. The importance of Muhammad’s statement lies in its suggestion that he would fight the Kharijites aggressively, not just in self-defense. The second text is a fatwa to the same effect by Ibn Taymiyya, the fourteenth-century Hanbali scholar from Syria whose writings form the theological backbone of Salafism. Ibn Taymiyya describes the Kharijites as worse than mere political “rebels,” ruling that they should be pursued until destroyed. Both texts thus suggest a “rooting out” approach to the Kharijites.

Al-Maqdisi argues that such texts are inapplicable to the case of the Islamic State. He rejects the comparison of the group with the early Kharijites for the reason that the Islamic State has good intentions—indeed better intentions than many of its opponents in the Syrian theater—while the early Kharijites did not. In his view the Islamic State is seeking, however misguidedly, to implement God’s law, and so possesses “an exculpatory interpretation” (ta’wil). This is in contrast with the early Kharijites, who rebelled against God’s law.

Al-Maqdisi also expresses hope that the Islamic State can reform itself, noting the potential for more moderate elements in the group to take over. “I know,” he says, “as the Shaykh [Abu Qatada al-Filastini] knows, that in the [Islamic] State are those who oppose al-‘Adnani and even hope that he and those extremists like him will fade.”

As was to be expected, the Islamic State’s opponents censured al-Maqdisi for allegedly softening his position toward it. In early April, he responded with a statement printed in the Jordanian press, avowing that he had not changed his mind at all: he still condemns the Islamic State’s actions in terms of spilling Muslim blood and believes that Muslims should fight it in self-defense.

An eternal olive branch

In considering al-Maqdisi’s hopeful outlook, one should recall just how wrong he has been about the Islamic State before. In early 2014, he thought he could bring about a reconciliation between the Islamic State and al-Qaida. He wrote to al-Baghdadi and one of his chief religious authorities, Turki al-Bin‘ali, only to be spurned. A year later, he was duped by the group for a whole month into thinking he was negotiating for the pilot al-Kasasiba, only to be spurned again. His read on the Islamic State does not appear to be very good. The optimist in him cannot help but ceaselessly extend the olive branch.

It is also important to note that al-Maqdisi has failed to set the tone of al-Qaida’s messaging vis-à-vis the Islamic State. Just this week, Ayman al-Zawahiri deployed the Kharijite label against the group for the first time, describing it as “neo-Kharijites.” Zawahiri still called for unity among jihadis in the face of the “crusader” aggression, but the hardening of his rhetoric seems at odds with al-Maqdisi’s more hopeful expressions. The Syrian al-Qaida affiliate Jabhat al-Nusra, meanwhile, has long referred to the Islamic State as Kharijites, even using the Prophet’s statement about the ‘Adites. The jihadi civil war is nowhere near over.

32 Islamic State Fatwas

In mid-February, self-declared Islamic State resident Abu ‘Umar al-Masri (@__UmBack__) Tweeted photos of 32 official Islamic State fatwas. Selected from a larger packet of more than 70, the 32 authentic fatwas (Islamic State supporters online have not cast doubt on their authenticity) provide a unique glimpse into life and politics in the Islamic State. Not intended as propaganda like most of the material distributed by the group, they are an unusual source, and one that so far seems to have gone unnoticed. Only one of them (no. 60) appeared and was analyzed previously.

Numbered and dated, the fatwas bear the insignia of the Islamic State’s Council for Research and Fatwa Issuing (Hay’at al-Buhuth wa’l-Ifta’), which seems modeled on Saudi Arabia’s body of similar name and purpose. Presumably, the Islamic State’s fatwa council is controlled by the larger Islamic State Shari’a Council, which carries real political weight. Recently, a former Islamic State mufti reportedly stated: “There’s nothing that is decided without the Sharia Council’s approval.” At the council’s helm, suggests Iraqi expert Hisham al-Hashimi, is the 30-year-old Bahraini scholar Turki al-Bin‘ali. The latter is likely the author, coauthor, or editor of some of the fatwas.

Below I provide a summary translation of the 32 fatwas, omitting the abundance of scriptural evidence provided and most of the legal argumentation. All are in question-and-answer format. Unfortunately, Abu ‘Umar did not photograph all of the fatwas in his stapled packet but rather only 35-38, 40-57, 59-62, and 65-71. These span the period December 2014 to February 2015. For accurate conversion of Islamic to Gregorian dates, I consulted the Islamic State’s official calendar.

The subjects covered are numerous: taxation (36, 70), warfare (35, 57, 59), travel (37, 46, 48, 65), games (49-50), women (40-45, 61, 70), dress (55-56), ritual (47, 53), counterfeit goods (51), organ transplantation (68), ransoming prisoners (52), and immolation (60), among others. One can glean from these fatwas much information about significant problems facing the the Islamic State. For example, no. 42 points to a dearth of female doctors, and no. 46 suggests that some widows of “martyred” Islamic State fighters have attempted to flee with their children. What is more, several of the fatwas presumably authorized subsequent actions taken by the Islamic State, such as its decision not to ransom (no. 52) Jordanian pilot Mu‘adh al-Kasasiba but rather burn him alive (no. 60).

Fatwas of the Islamic State’s Council for Research and Fatwa Issuing:

No. 35, December 11, 2014

Q. Does hard currency come upon in the course of jihad become war booty (fay’), or should it be distributed as alms (zakat)?

A. War booty. As such, a fifth of it is to be given to the office of war booty.

No. 36, December 11, 2014

Q. Should the alms tax (zakat) be levied on agricultural holdings that once belonged to apostates?

A. Yes. In the case of an apostate seized in the Abode of Islam, the duty to levy zakat on his holdings does not cease with his apostasy, if we were aware of the duty to levy zakat on them at the time of his Islam. The rest of his property (i.e., what is not taxed as zakat) goes to the treasury of the Muslims. If we were not aware of the need to levy zakat on his holdings at the time of his Islam, then all his property is considered war booty for the Muslims. In the case of an apostate who flees to the Abode of Unbelief, all of his property, including agricultural holdings, becomes war booty.

No. 37, December 16, 2014

Q. Is it permissible to travel to the areas under the control of the [Asad] regime for some need?

A. No. Travel to the lands of unbelief generally, and to the lands under the control of the regime specifically, is permissible only on the condition of one’s ability openly to disavow and show hatred to the unbelievers. We are certain that this condition is impossible to meet in the areas under the control of the regime; travel to them requires showing loyalty to it and disavowal of the Islamic State. However, if the need is actually a great need (darura), such as a medical condition, then travel to the lands of unbelief is permissible.

No. 38, December 2, 2014

Q. Is it permissible to curse an individual Muslim or unbeliever?

A. There are traditionally three rulings on this matter: (1) no in all cases, (2) yes in the case of unbelievers, and (3) yes in all cases. The difference derives from the existence of two kinds of cursing: (1) cursing one as guilty of acts of unbelief, iniquity, innovation, etc., and (2) cursing one as condemned to hellfire. Our view is that the first is permissible and the second is not, unless in the second case the accursed has already died upon unbelief.

No. 40, December 17, 2014

Q. Is it permissible for women to show their eyes and part of their face?

A. No. Women’s showing their eyes, or part of their face, causes temptation (fitna), especially when make-up is used. It is necessary for women to cover their eyes, even if only with something thin.

No. 41, December 17, 2014

Q. Is it permissible for a woman to wear weapons on her cloak (abaya), such that part of her body, or the definition of her body, is made visible?

A. No, not if the weapon gives definition to the body, as with a bandolier or quiver worn over the back. If the weapon is something like a Kalashnikov, then yes. It is permissible in the way a small bag is permissible.

No. 42, December 17, 2014

Q. Is it permissible, in the city or villages, for a female nurse to work in an office with a male doctor in the absence of a proper male guardian (mahram)?

A. No. It is forbidden for a woman to be alone with an unfamiliar man. If a guardian is unavailable, then she should have a group of women about her in order to ward off temptation. If a group of women is unavailable, then no.

No. 43, December 17, 2014

Q. Is it permissible for women to see male doctors for women’s medical conditions, given that there are few female doctors specializing in women’s medical conditions?

A. Women should see female doctors for treatment, and exert effort in seeking them out. If a female doctor cannot be found, then it is permissible to see a male doctor, but on the condition that he not be alone with her, and that he only examine her in the place(s) necessary.

No. 44, December 17, 2014

Q. What are the characteristics of women’s proper covering (hijab)? What are the characteristics of improper showing (tabarruj)?

A. Proper covering includes: (1) having the entire body and hands concealed, (2) being thick, not thin, (3) being unadorned, (4) being loose-fitting, not tight-fitting, (5) being unperfumed, (6) not resembling men’s clothing, and (7) not resembling infidel women’s clothing. Improper showing includes: (1) showing anything of the body before unfamiliar men, (2) showing any part of the clothing beneath the veil, (3) suggestive ambling in front of men, (4) leg slapping, which is highly arousing, (5) coy and flirtatious talking, and (6) mixing with men, touching their bodies, shaking their hands, and crowding together with them in cramped vehicles.

No. 45, December 17, 2014

Q. Is it permissible for a woman to travel without a proper male guardian (mahram)?

A. No. She must have a guardian.

No. 46, December 17, 2014

Q. Is it permissible for the wives of martyrs to leave with their children for the lands of unbelief?

A. No. It is prohibited for them, and for anyone else, to leave for and reside in the lands of unbelief. Whoso migrates from the Abode of Islam to the Abode of Unbelief has committed a great sin (ithm ‘azim), shirking the duty to emigrate to the Abode of Islam. If a woman insists on leaving for the Abode of Unbelief with the son of a mujahid, she should be punished (tu‘azzar) as a deterrent and preventive measure.

No. 47, December 18, 2014

Q. Is it permissible to specify the period of time intervening between the call to prayer (adhan) and the call just before the prayer (iqama)? Such as 30 minutes for the dawn prayer, 20 minutes for the midday prayer, afternoon prayer, and night prayer, and ten minutes for the evening prayer?

A. The Prophet’s normative practice (Sunna) indicates that a period of time intervenes between the call to prayer and the call just before the prayer. It is up to the prayer leader to determine the length of this period, such that the congregants are able to gather and perform their rites. The length of this period differs from prayer to prayer in accordance with the Sunna. The prayer leader must also consider the size of his congregation, with a view to not holding up a small group or rushing a large one.

No. 48, December 20, 2014

Q. Is it permissible to sell passports to the Muslims in the Islamic State?

A. No. It is not permissible to facilitate the travel of the inhabitants of the Islamic State to the lands of unbelief, whether they intend to travel there for a need, for trade, or for any other permissible activity. There is no question that the conditions necessary for travel to the lands of unbelief cannot be met today. These include: openly disavowing the unbelievers; not taking them as allies; evincing hatred of idolatry and unbelief and their people; being able to perform the Islamic rites in full and without fear; and not imitating the unbelievers or participating in their idolatrous holidays.

No. 49, December 28, 2014

Q. Is it permissible to play billiards?

A. Yes, but on several conditions: (1) that the game be free of all forms of betting and gambling, including forcing the loser to pay the cost of the game; (2) that it not inhibit worship of and obedience to God in any way; and (3) that there be no cursing or abusive language. It need be remarked that it is unbecoming of God’s mujahid servants to spend much of their free time on such things that do not benefit them but rather waste their time and harden their hearts.

No. 50, December 28, 2014

Q. Is it permissible to play foosball?

A. Yes, but on several conditions: (1) that the game be free of all forms of betting and gambling, including forcing the loser to pay the cost of the game; (2) that it be free of human figures and representations; (3) that there be no cursing or abusive language; and (4) that it not inhibit worship of and obedience to God in any way. We wish to stress, as we did in the ruling on billiards, that it is best to avoid such things as this, which do not redound to the benefit of the Muslims, particularly the mujahidin, but rather waste their time and harden their hearts.

No. 51, January 5, 2015

Q. Is it permissible to counterfeit brand-name goods and display them in the market with the same name?

A. No. It is a form of forbidden deceit to display goods among customers misleadingly. Selling counterfeit goods with the original brand name, without acknowledging it, is deceit and fraud. If the vendor insists on writing the brand name on counterfeit goods, he must do two things: (1) write “imitation” next to the brand name in the same size font, and (2) lower the price below that of the genuine item.

No. 52, January 14, 2015

Q. Is it permissible to ransom an apostate for money or men?

A. No. It is not permissible to ransom a captured apostate or show him mercy; he ought to be killed. This is made plain in the Qur’an and Sunna, and is a matter of consensus (ijma’) among the scholars. However, it could be argued that this act can be permissible in the event of a great need (darura), such as could derive from ransoming the apostate for some of the Muslims’ leadership among scholars and commanders.

No. 53, January 17, 2015

Q. Which is better, delaying the night prayer or performing it earlier in a mosque?

A. It is better to delay the night prayer until one third or half of the night has passed [night meaning the period between the evening prayer and the dawn prayer].

No. 55, January 18, 2015

Q. Is it permissible for men to wear their garments long (isbal)?

A. No. It is not permissible to wear one’s garment below the ankles, whether out of arrogance or for any other reason.

No. 56, January 19, 2015

Q. Is it permissible to wear Western clothing bearing images of people and animals, or clothing revealing of one’s intimate parts (‘arwa)?

A. No. Wearing Western clothing is forbidden since it involves imitating the unbelievers; the sin is magnified if the clothing bears images of people or animals. Likewise it is forbidden to wear clothing revealing of one’s intimate parts.

No. 57, January 19, 2015

Q. If someone succumbs to his wounds after battle, should the rites of martyrdom be performed, such as cleaning his body and praying over him?

A. In point of fact, a martyr who dies in battle should not have his body cleaned and should not be prayed over. He is to be buried in his blood. A martyr who dies in battle should be buried thus, as should one who barely survives and dies soon afterwards. If one is injured in the course of fighting the unbelievers and returns to normal life, then upon his death his body should be cleaned and he should be prayed over.

No. 59, January 19, 2015

Q. If someone is killed in the course of battle after the mujahidin have captured war booty, does his share of the war booty go to his heirs?

A. Yes. When one of the mujahidin dies in the course of battle after the war booty has been captured, then his share goes to his heirs, since he had acquired his share before dying.

No. 60, January 20, 2015*

Q. Is it permissible to burn an unbeliever till he dies?

A. The Hanafi and Shafi‘i schools of Islamic law judged immolation to be permissible, while some scholars judged it to be forbidden. At all events, it is permissible on the basis of reciprocity (mumathala), as when the Prophet gouged out the eyes of the ‘Uraniyyin.

No. 61, January 27, 2015

Q. Is it permissible for women to bleach their eyebrows?

A. Yes. The default judgment in a matter is that it is allowed, and bleaching is akin to dying one’s hair or beard, which no prooftext forbids. Still, it is best for a Muslim woman to avoid and refrain from all things that could lead to accusations being made against her.

No. 62, January 27, 2015

Q. Should one who finds lost property (luqta) be given compensation?

A. If the one who found it pointed it out voluntarily, then he is not owed anything. However, if the one who found it charged another with pointing it out, the first is owed compensation.

No. 65, January 29, 2015

Q. Is it permissible for the soldiers of the Islamic State to go to the lands of unbelief without a legitimate reason? Is it permissible to support them in this with money and property?

A. It is an obligation to distance oneself from the idolaters and their lands by means of emigration (hijra) to the Abode of Islam. The creation of the Islamic State has removed a major constraint from the Muslim community. God has given the community a state that applies Islamic law and rules thereby, so it is obligatory for all Muslims to emigrate to the Islamic State pursuant to the command of God and His Prophet. Whoso leaves the Abode of Islam for the Abode of Unbelief without a legitimate reason has committed a sin (ma‘siya). It is not permissible to support him with money or anything else.

No. 66, January 29, 2015

Q. Is it permissible to take a sum of money from one’s father or mother, or from a wealthy individual, with a view to using this money to emigrate to the Islamic State and wage jihad?

A. If one takes money in a lawful manner, such as in the form of a gift, then it is doubtless permissible. If one steals from or swindles the rich, this is not permissible. Nor is it permissible for a son to steal from his father. However, if a son takes from his father what the father was obliged by God to give him in the first place, then this is not theft. Such is the case of a son taking from his father in order to emigrate from the Abode of Unbelief to the Abode of Islam.

No. 67, January 29, 2015

Q. Many have asked about the truth of the Arabic numerals (٣ , ٢, ١, etc.), including the claim that they are Indian in origin and are the ones used in the Latin alphabet (1, 2, 3, etc.). We ask for clarification on this matter.

A. The historians have more than one position on this issue, but the best opinion is that the Arabic numerals are ٣ , ٢, ١, etc. The Arabs, not the Indians, introduced these numbers. The Arabs only borrowed from the Indians the idea of the decimal numeral system, not the shape of the numbers. So it is wrong to say that the Arabs took these numbers from the Indians.

No. 68, January 31, 2015

Q. Is it permissible for Muslims in need to take from the organs of an apostate prisoner?

A. Yes. It is permissible to transplant the healthy organs of the body of an apostate to the body of a Muslim, in order to save the latter’s life or improve his condition if he has lost organs. The jurists of the Shafi‘i and Hanbali schools of Islamic law, among others, permitted killing belligerent unbelievers or apostates and eating their flesh as a life-saving measure. The case of organ transplantation as a life-saving measure is similar. Moreover, it is established that the lives and organs of apostates are fundamentally licit. Their organs may thus be taken, whether or not the apostates are alive or already dead, and whether or not doing so results in their death.

No. 69, February 2, 2015

Q. Who comprises the Prophet’s family (Al al-Bayt)?

A. The two positions on this question are: (1) that the Al al-Bayt comprise the line beginning with Hashim (the Prophet’s great-grandfather) and (2) that they comprise the line beginning with ‘Abd al-Muttalib (the Prophet’s grandfather). The best opinion is that the Al al-Bayt comprise those forbidden from receiving charitable alms (sadaqa), which is the line beginning with Hashim along with the Prophet’s wives and progeny.

No. 70, February 3, 2015

Q. If a father on the brink of death distributes some or all of his lands to his sons, in a way contravening the law of inheritance, should zakat be levied on the lands altogether or on each piece of land individually?

A. The answer depends on whether the father has: (1) given the lands as gifts, (2) preemptively bequeathed them as shares of the obligatory inheritance, or (3) merely charged the sons with administering them. In the second case the bequeathal is unlawful, as the father who is still alive cannot preemptively bequeath. In the first case the gifts are legitimate so long as the division among the sons is equal; zakat should then be levied on each piece of land individually. In the third case ownership has not changed so zakat should be levied on the lands altogether.

No. 71, February 3, 2015

Q. Is the practice known to the masses as “reciprocal marriage” permissible? This is the practice whereby a man gives in marriage his daughter or sister to another man on the condition that the second man give his daughter or sister in marriage to the first, no bride price being paid.

A. No. This practice taking place today has long been forbidden by the law. It does an injustice to the bride, whose permission for marriage must be asked. Furthermore, the reciprocal deal cannot be considered a bride price. Such a marriage contract is unlawful.


* This is the only fatwa that appeared previously, before Abu ‘Umar’s photographs. See the full translation by Aymenn Jawad al-Tamimi.

Turning the volume up to 11 is not enough: Why counter-strategies have to target extremist clusters

On Tuesday, February 3rd,  the al-Furqan Media Institute, the official media outlet of the self-proclaimed Islamic State (IS) released a new video by the title Shifa’ al-sudur. Ali Fisher, Resident Data Scientist at the Centre for the Analysis of Social Media (CASM) at Demos and Nico Prucha, Research Fellow at the International Centre for the Study of Radicalisation (ICSR) at King’s College, analyse the extremist data flow and briefly some elements of the video to initiate a new series on Jihadica.

Following a common and yet new modus operandi, the video was announced first as a forthcoming release on Tuesday morning via Twitter and released hours later. New jihad videos are oftentimes announced hours or days before actually being released. The first tweet, as described below, was published by a high profile account that is, however, not an official IS Twitter handle. The ‘official’ IS Twitter handles have been removed mostly and IS seems to have given up to open new accounts and instead further decentralises it’s spreading of information by simply resorting to specific hash tags and relying on trusted accounts and individuals within respective networks. Unlike the release of Salil al-sawarim, part four that was published via Twitter using the – at the time – official wa-I’tasimu Twitter handle as shown in this graph made by Ali Fisher and then got picked up about 32k times by direct and indirect followers of this account, Shifa’ al-sudur endures simply by relying on its respective hash tags and fandom environments.

The broadcast of the “Healing of the Believers’ Chests” (#شفاء_الصدور) as used in the English translation by al-Furqan media has provided another demonstration of the efficiency and effectiveness of the propaganda production and the distribution system via the Media Mujahedeen as recently detailed by Ali Fisher and Jamie Bartlett at Demos. The distribution of the video shows that Twitter remains the beacon for the Jihadist social media zeitgeist. For those seeking to deliver counter-messaging, it is not enough to increase the volume, or even to be retweeted frequently; messaging must be able to penetrate the Jihadist clusters. If counter-messaging remains isolated, the result is less a counter message and more a separate conversation.

The Video:

As indicated by the banner, the video was released with embedded subtitles in English, French and Russian. The title of the film shifa’ al-sudur is a reference to the Qur’an and appears in an audio recitation By titling the video Shifa’ al-sudur, in reference to ninth sura, verse fourteen of the Qur’an, the jihadists seek to justify and empower the message as acting on behalf of God to “heal the believers’ feelings” according to the Qur’an translation by M.A.S. Abdel Haleem. This strategy is certainly not new and part of a coherent ideological framework of justifying various acts. Jihadist media productions, in particular videos, are part of this notion to “heal the believers” as a statement from the first generation AQAP in 2006 highlights (Arabic version with German translation and commentary is available here).

The main part of the video consists of the captured pilot wearing the notorious orange jump suit explaining to the audience the details of his combat sortie on the IS capital of al-Raqqa and the general mission set up and armament. Jordan appears time and again within the jihadist media spectrum is a key ally in the outlined “war on Islam.” To underline this sentiment, the video opens with several sequences showing King Abdullah II pledging his full support to the international coalition against IS. Furthermore, sequences show Jordanian troops embedded with NATO forces in Afghanistan, a narrative that undermines the conviction of Jordan merely being a willing helper of western forces and hence part of the “crusaders”. Jordan’s involvement in Afghanistan was also the key element of AQ suicide bomber Humam al-Balawi (Abu Dujana al-Khurasani) who struck the forward operating base Chapman in December 2009, killing several American and Jordanian intelligence officers (details are available here). The captured Jordanian pilot Mu’adh al-Kasasba is framed likewise as an apostate (murtadd) who has forfeited his loyalty to God as a Muslim for serving King Abdullah II and is thus part of this crusader alliance, justifying his death within the brutal reasoning of an “eye for an eye”.

 

Distribution

Tweets carrying the name of the video in Arabic (#شفاء_الصدور) spread rapidly on the 3rd February carrying a banner announcing the imminent release of the video.  The account of “Abu ‘Ali al-Junubi” has close to 7k followers and issued 1.4k tweets, mostly broadcasting IS-videos and news.

The next 66,000 Tweets containing included 43,698 retweets, spreading news of the release or by those attempting to counter the message. The other common tags in tweets containing #شفاء_الصدور hint at the other dominant messages which accompanied the release of the video.

The most often used tag refers to Shifa’_al-sudur, followed by al-Furqan Media. Not surprisingly, the third hash tag references IS. The fourth and fifth hash tags reference “daesh” or “da’ish”, the Arabic acronym for ISIS that is widely used by non-IS activists and the mainstream media online. As a campaign emerged on Twitter in support of the captured pilot using the hash tag “we are all Mu’adh”, IS activists deliberately injected the video of his killing by using the same hash tag as well. The other three hash tags refer to self-proclaimed provinces or prefectures (wilaya) of the IS. The beheading of captured Egyptian soldiers on the Sinai by the local IS branch, operating in the “province of Sinai” uses the same hash tag following the same reasoning (here).

The most retweeted accounts were:

The ‘success’ achieved by HewarMaftuh and DaeshCrimes of gaining large numbers of retweets can be misleading. As the network image visually attests, those retweets were by an almost entirely isolated group of users who were not engaged by with the group of accounts actively disseminating the video.

As observed with previous video releases, the content is part of a multiplatform zeitgeist. Other frequently shared platforms include YouTube, and JustPaste.it with the less common services such as vid.me, dump.to and sendvid providing additional resilience for the network.


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

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.

The Caliphate’s Scholar-in-Arms

With the Islamic State’s Abu Bakr al-Baghdadi, or Caliph Ibrahim, seeking to displace al-Qaeda’s Ayman al-Zawahiri as the leader of the global jihadi movement, a parallel displacement effort is taking place in the more recondite realm of jihadi ideology. The old guard of jihadi intellectuals—Abu Muhammad al-Maqdisi, Abu Qatada al-Filastini, and Hani al-Siba‘i, among others—has come out unanimously against the Islamic State and its caliphal pretensions, denouncing the “organization” as hopelessly extremist and out of touch with reality. Their reproach has left a younger generation of pro-Islamic State jihadis no choice but to take up their mantle. One in particular, decrying his jihadi elders and their fierce opposition to his beloved caliphate, appears to be peerless in this effort. He is also the Islamic State’s most prominent and prolific resident scholar, based in Syria since at least February 2014.

Known previously to Jihadica readers by his pseudonym, Abu Humam al-Athari, this young ideologue from Bahrain now uses his given name, Turki al-Bin‘ali (@turky_albinali), or kunya, Abu Sufyan al-Sulami.

The Caliph’s cause

While few outside jihadi circles have probably heard of the young Turki al-Bin‘ali, the twenty-nine-year old Bahraini has played the role of ideological lodestar for the Islamic State since at least 2013. In April of last year, for instance, when Baghdadi announced the expansion of his emirate to Syria, it was Bin‘ali who penned the first monograph in support of his move. Entitled “Extend Your Hands to Give Bay‘a [loyalty] to Baghdadi,” it called on all Muslims in the vicinity of the Islamic State to pledge loyalty to its emir. Moreover, the work anticipated Baghdadi’s caliphate in no uncertain terms: “We ask God for the day to come when we will see our shaykh seated upon the throne of the caliphate!” In addition, Bin‘ali’s biography of Baghdadi, included in this tract, is the most frequently cited by jihadis; already in July of last year he had detailed the future caliph’s lineage going back to the Prophet Muhammad, establishing the crucial caliphal qualification of descent from the Prophet’s tribe.

More recently, at the end of April 2014, Bin‘ali authored another essay portending the Islamic State’s caliphate announcement of June 29, 2014 (Ramadan 1, 1435). In this work, on the permissibility of declaring the caliphate before the achievement of full political capability (al-tamkin al-kamil), Bin‘ali set forth the very legal arguments and scriptural evidence that the Islamic State’s official spokesman would use in his Ramadan announcement—most importantly, the gloss of Q. 24:55 by the Andalusian scholar Abu ‘Abdallah al-Qurtubi (d. 1275). Bin‘ali had identified the Islamic State as “the kernel of the anticipated, rightly guided caliphate.” “Doubtless,” he wrote, “the caliphate requires some measure of power, might, and political capability, and this is present in the Islamic State.” Abu Muhammad al-Maqdisi, Bin‘ali’s former teacher, claims to have remarked upon hearing the title of his pupil’s work: “The announcement declaring their organization the caliphate must be imminent.”

From Bahrain, with jihad

According to a short biography written by one of his students, Turki ibn Mubarak al-Bin‘ali was born in September 1984 in Bahrain, where he began his religious education at an early age. At some point he moved to Dubai for higher education in Islamic studies, but was arrested and deported for jihadi inclinations. Thereafter he studied in Beirut and again in Bahrain. The biography mentions numerous other detentions, both within and without Bahrain, and the fact that the shaykh has been banned from the United Arab Emirates, Kuwait, Egypt, Qatar, and others.

The greater part of the work aims to inscribe Bin‘ali within the larger Salafi and smaller Jihadi-Salafi networks, detailing his studies with both quietest scholars like the Saudi ‘Abdallah ibn Jibrin (d. 2009) and Syrian Zuhayr al-Shawish (d. 2013) and jihadis like the Palestinian-Jordanian al-Maqdisi and Moroccan ‘Umar al-Haddushi. A whole other biography is dedicated solely to detailing these scholarly connections.

The most celebrated of these is by far Bin‘ali’s link with al-Maqdisi, the biggest-name jihadi scholar alive. While the details of their relationship are not given, the two scholars’ writings bear witness to what was once a profound mutual affinity and extensive collaboration. Bin‘ali has several books in defense and praise of al-Maqdisi, while the latter has returned the favor by certifying his student’s religious knowledge. Al-Maqdisi provided Bin‘ali with a general ijaza authorizing him to teach all of his works. As he wrote in 2009 in the introduction to one of Bin‘ali’s books, “I provided him with an ijaza to teach all of my books when I saw in him extraordinary passion and support for the religion, for God’s unity (tawhid), for jihad, and for the mujahidin. Such passion as this ought not to be met but with backing and support and encouragement. If a shaykh has the right to take pride in any of his students, I am proud of this beloved brother.” In terms of collaboration, when al-Maqdisi set up a Shari ‘a Council on his website in fall 2009, he appointed Bin‘ali one of its muftis. And according to Bin‘ali’s own testimony, al-Maqdisi made him his successor at the council’s helm, presumably when al-Maqdisi was in prison.

In most of his writings for al-Maqdisi’s website Bin‘ali has used the name Abu Human Bakr ibn ‘Abd al-‘Aziz al-Athari. Only in April 2014 did he finally clarify the matter of his pseudonym, noting that he has used several others as well (including Abu Hudhayfa al-Bahrayni and Abu Hazm al-Salafi), all with the intention of hiding his true identity from the “tyrants and oppressors” of Arab states. As the Islamic State has gathered strength, Bin‘ali has dispensed with the aliases. According to press reports, he arrived in Syria in late February 2014, though he may have been living there even earlier.

In April Bin‘ali wrote that the Bahraini government was threatening to withdraw the citizenship of all Bahraini citizens fighting in Syria unless they return home within two weeks. His response was to compose a poem disparaging the very notion of citizenship, and vowing to stay on in the Islamic State. “Is it reasonable,” he asked, “that we would return, having arrived in the Sham of epic battles and warfare?… A land wherein the rule is Islam is my home; there is my dwelling and there do I belong.”

The Refuter

Bin‘ali’s signature public role for the Islamic State has been to refute its many enemies, his refutations being the most wide-ranging and most publicized of any Islamic State shar‘i (shari‘a specialist). The sharpening of the pen began in December of last year, just before the January 2014 uprising against the Islamic State in northern Syria led by fellow Islamist groups angry at its refusal to submit disputes to third-party arbitration. The accusation—which seems to have been fair—inspired a number of key Islamist and jihadi thinkers to incite their followers against the Islamic State, on the grounds that it refused to submit to God’s law. Bin‘ali, leading the charge against this allegation, argued that the Islamic State was a sovereign polity with courts and a legal system sufficient for such matters.

Between December 2013 and March 2014, Bin‘ali took aim at fellow jihadi ideologues like the Jordanian Iyad Qunaybi and Syrian Abu Basir al-Tartusi, at Jabhat al-Nusra leader Abu Muhammad al-Jawlani, and at more mainstream Islamists like the Saudi-based ‘Adnan al-‘Ar‘ur and a member of Harakat Ahrar al-Sham’s Shura Council. In the period April-June 2014 he put even larger targets in his crosshairs, refuting al-Qaeda leader Ayman al-Zawahiri and the two biggest-name jihadi ideologues, al-Maqdisi and the Palestinian Abu Qatada al-Filastini. It is his refutation of al-Maqdisi that is most significant.

Issued June 7 and entitled “My Former Shaykh,” this refutation is Bin‘ali’s last in a busy six-month period. It came in response to a long document published on al-Maqdisi’s website on May 26 detailing the many efforts of the senior shaykh to mediate between the Islamic State and Jabhat al-Nusra. Al-Maqdisi’s plan was to sponsor a reconciliation initiative that would involve a third-party arbiter, much like other initiatives being proposed by different shaykhs at the time. Bin‘ali acted as his intermediary with the Islamic State leadership, whom al-Maqdisi threatened with dire consequences should they fail to participate.

In the event, his message to the Islamic State went unheeded, and so the shaykh did as threatened. His statement on “the obligatory position” to be adopted toward the Islamic State was harsh, describing it as “deviating from the path of divine truth, being unjust to the mujahidin, following the road of extremism…refusing arbitration, declining reform, [and] disobeying the commands of its senior leaders and shaykhs.” This last comment concerns the Islamic State’s disputed status as a former al-Qaeda affiliate. In the document, al-Maqdisi follows al-Zawahiri in claiming that it was indeed an affiliate and thus obligated to obey its leaders’ commands.

What really piqued Bin‘ali was the insulting approach his former teacher had suddenly adopted toward him. Al-Maqdisi had included in this document long excerpts from emails between himself, Bin’ali, and the administrator of the website, and thrown occasional grammatical errors into Bin‘ali’s excerpted writing. In his discussion of the correspondence al-Maqdisi had furthermore referred disparagingly to his Bahraini pupil as the Islamic State’s “most vaunted mufti” or “most vaunted shar‘i.”

The content of Bin‘ali’s response is not worth examining in great detail. The main points of contention are the Islamic State’s stubbornness in refusing arbitration—which they both acknowledge—and its alleged insubordination against al-Qaeda—which they do not agree on. What is noteworthy is Bin‘ali’s authorship of such a refutation to begin with.

Rejecting seniority

In another statement from early May 2014, al-Maqdisi had written critically of younger jihadi shaykhs dismissing their elders, such as Ayman al-Zawahiri and Abu Qatada al-Filastini. “Take heed of seniority,” he warned his juniors, accusing them of “wanting to stand upon the shoulders of our best and brightest and then discredit their intellects.” Indeed, just days before this statement was issued, Bin‘ali had written that age was a likely cause of Abu Qatada’s “confusion” surrounding the Islamic State.

Bin‘ali’s refutation of “my former shaykh” (shaykhi ‘l-asbaq) is in its very title a rejection of the idea of “seniority” (asbaqiyya). It represents the assured spirit of a younger generation of jihadis ready and willing to break with an established cadre of jihadi intellectuals and carve their own path. It also represents the assured spirit of Bin‘ali himself, who for years has disputed the notion that he is too young to be a religious authority. Visited in prison some six years ago in Bahrain by a Saudi religious official, who was shocked that a twenty-three-year old was issuing religious opinions, Bin‘ali retorted with an essay on the inadmissibility of age restrictions on such practice in Islam.

Whether Bin‘ali can succeed in leading this younger generation of pro-Islamic State jihadi thinkers is yet to be seen. For the moment he remains the closest thing that the caliphate has, after the caliph himself, to a big-name religious authority.

Conference Announcement on Religious Extremism in Syria

The University of Vienna, Near Eastern Department, initiated last February with the Terrorism Research Initiative (TRI) the Syrian Engagement Project. The first conference was held in early February in Vienna where we sought to empower local Syrian political activists on the first day with a broader perspective on the second day, bringing together senior members of the Syrian opposition. For the first conference, we sought to provide a framework and a open floor for civil-society activists and the opposition to talk about their perspective and past experiences from a multitude of perspectives. TRI has recently published a conference report, available here.

As part of this series, a second conference will be held in Vienna on May 2, 2014. The theme of the second conference is, however, strictly related to security matters with the focus set on religious extremist groups in Syria, from both a Sunni and Shiite perspective. The conference Religious Extremism in Syria: A New Launching Pad for Global Terrorism? seeks to enable participants and speakers to engage in an open environment on how to deal with the implications of the turmoil in Syria.

The rise of confessional warfare and the effective recruitment of foreign fighters from the greater Middle East, Europe and beyond to join militant factions in Syria have implications far beyond the current conflict zones. The professional use of Social Media to attract young males for the cause and to raise funds has reached an unprecedented dimension that could perhaps transform Syria into a similar, if not worse, launching pad for global terrorism than Afghanistan. This one-day conference seeks to provide insight into a set of overlapping issues surrounding the Syrian conflict and its implications for Europe and the international community. The conference will bring together an interdisciplinary set of speakers to provide insight into extremist and other militant actors in the conflict and the implications for regional and international security.

The conference agenda with the speaker abstracts and bios is available as a pdf here.

Agenda:

09:00   Registration

09:30   Opening remarks, introductions, programme review, and administrative announcements by Nico Prucha

09:45   Tom Keatinge, Independent Analyst, “The Syrian Conflict and the Importance of Financing.”

10:15   Maura Conway, Dublin City University, “Assessing the Role of Social Media in the Syria Conflict.”

10:45   Tea and coffee break with oriental snacks

11:15   Joas Wagemakers, Radboud University Nijmegen, “Jordanian Salafis and the Syrian Conflict.”

11:45   Rüdiger Lohlker, University of Vienna, “True Romance: A New Paradigm for Jihadis in Syria and Beyond?”

12:15   Morning panel discussion

13:00   Lunch break

14:00   Nico Prucha, University of Vienna, “The Sectarian Divide in Syria as the Rationale of The Islamic State of Iraq and Syria to Indoctrinate, Radicalize and Recruit Foreign Fighters”

14:30   Mahan Abedin, Dysart Consulting, “The Role of IRGC Qods Cops as Force Multiplier in the Syrian War.”

15:00   Tea and Coffee break with light snacks

15:30   Iranian Embassy Representative (Invited, TBC)

16:00   Syrian Embassy Representative (Invited, TBC)

16:30   Robert Wesley, Terrorism Research Initiative, “Why Egypt Matters in the Context of the Current Syrian Civil War.”

17:00   Afternoon panel discussion

18:00   Concluding Remarks and Farewell

Due to limited seating at the venue, registration for this event is mandatory. The Registration Fee for the Conference is 40 EUR/   per prospective attendee, which includes a light lunch of Middle Eastern food. To register, please purchase your ticket here:

http://bit.ly/1lUPDKN

Payment in cash at the venue is also possible.

For any issues regarding registration, please contact Nico Prucha (nico.prucha (at) univie.ac.at)

The Islamic State of Disunity: Jihadism Divided

The rebel offensive against the Islamic State of Iraq and Sham (ISIS) in northern Syria, which broke out on January 3, 2014, has dramatically heightened tensions between Jihadi-Salafi thinkers. As noted previously, two tendencies predominate among jihadis insofar as the Syrian war is concerned: one favoring the al-Qaeda-affiliated Jabhat al-Nusra (JN) and cooperation with all rebel groups, and another favoring ISIS and its exclusionary political designs as the reborn Islamic state, or proto-caliphate.

On the ground at least, the uprising against ISIS has not for the most part opposed the more pragmatic JN backers to the more ideological ISIS devotees. Although driven violently out of Raqqa by the Islamic State in mid-January, JN has largely stood aloof during this confrontation. Rather those arrayed against ISIS—what one jihadi author has termed “the tripartite aggression”—consist of two upstart groups, the Syria Revolutionaries’ Front and the Mujahidin Army, and the Islamic Front (IF), an Islamist umbrella organization founded in November 2013. Nonetheless, the fighting has aggravated intra-jihadi tensions as the ongoing hostilities focus attention on ISIS’s unique claim to statehood and the inviolable sovereignty that this implies.

The Maskana prelude

It was an escalating dispute between ISIS and IF affiliates in December in the town of Maskana, located on the eastern outskirts of Aleppo, which precipitated the present crisis. The Islamic State’s refusal to submit the dispute to arbitration pushed its rivals over the edge. The same recalcitrance in the current conflict has forestalled any progress in reaching a solution.

On January 1, the Islamic Front announced that one of its revered commanders, Abu Rayyan of Ahrar al-Sham, had been brutally tortured and killed by ISIS in Maskana. Abu Rayyan had headed to the town to mediate the month-long conflict there, which had led to tens killed and many prisoners taken by each side. For weeks Ahrar al-Sham had asked ISIS to allow a third-party—“an independent shar’ia court”—to make an independent ruling on the conflict, but a response was never forthcoming. In mid-December a shari’a consultant (shar’i) of Ahrar al-Sham issued a stern warning to ISIS: “I call openly on Abu Bakr al-Baghdadi: restrain your soldiers and reconsider your policy. We are in one ship and will all drown if it sinks. May he perish who refuses to submit to the judgment of the shari’a!” Following the death of Abu Rayyan, the Islamic Front’s political committee issued a further warning: “We warn the Islamic State organization not to follow in its its regular manner by standing in the way of…an independent court.” In an interview five days later, the local leader of ISIS in Maskana, one Abu Dujana al-Kuwaiti, blamed the Islamic Front for instigating the current anti-ISIS uprising, seen as part of a larger “global conspiracy” aimed at uprooting the Islamic State.

Before the death of Abu Rayyan, the events in Maskana drew the attention of two prominent jihadi thinkers, the pro-JN Iyad Qunaybi (@EYADQUNAIBI), a Jordanian and U.S.-trained pharmacologist who served in prison with Abu Muhammad al-Maqdisi, and Abu Humam al-Athari, a well-known Bahraini member of the pro-ISIS camp. Qunaybi condemned what he saw as the Islamic State’s refusal to answer requests for third-party arbitration. Addressing ISIS leaders, he wrote: “You command the people to submit to the ruling of God’s book…Then when you yourselves are called upon to do so, you say, ‘We have our own courts’… If the Islamic State organization only pays heed to itself, is its agenda really the agenda of the Islamic community?” Al-Athari responded with a refutation of Qunaybi’s “bizarre judgments.”[i] These he chalked up to Qunaybi’s irrelevant background in pharmacology. Qunaybi’s first mistake, said al-Athari, was his mischaracterization of the Islamic State as an “organization” (jama’a), as in reality it is a sovereign state (dawla). As such it cannot accept external legal supervision or mediation (except in coordination with an ISIS court), for that would “infringe on the right of the Muslim sovereign and his state.” Since the offensive against ISIS began, the question whether the Islamic State should accept arbitration has remained a central feature of the expanding intra-jihadi debate.

Initiatives

A series of initiatives has since called on the belligerent parties to authorize an independent tribunal to arbitrate the conflict. Predictably, ISIS has proved unwilling to accept any such thing.

The first initiative, presented by JN leader Abu Muhammad al-Jawlani in an audio message on January 7, proposed that a “legal commission” be formed by “all concerned parties” with a mandate to impose a solution. ISIS gave no public response to Jawlani, who in the same statement had blamed the Islamic State’s “wrongheaded policy” for “a large role in instigating the confrontation.” The pro-ISIS Abu Humam al-Athari, for his part, quickly came out with an aggressive refutation of Jawlani—“the renegade leader.” The real cause of rebel infighting in Syria, as he saw it, was not ISIS’s policy but rather Jawlani’s original defection from the ISIS ranks, a precedent for further revolt.

On January 19, ISIS leader Abu Bakr al-Baghdadi presented a counter-initiative, essentially a plea for an unconditional ceasefire. In an audio statement he explained that his state was only fighting in self-defense, and so anyone who desisted from fighting would not be harmed.

Two days later a second initiatve was proposed by two jihadi thinkers of Egyptian origin, the London-based Hani al-Siba‘i and the Canadian-based Tariq ‘Abd al-Halim. While both have tended to favor JN over ISIS—they do not recognize ISIS as a state—their proposal praised Baghdadi’s ostensible offer of peace. Yet like Jawlani, they too premised their initiative on the formation of an independent shari‘a court empowered to issue a binding judgment. The result: no response.

The Siba‘i-‘Abd al-Halim gambit soon gave way to the so-called “Community Initiative” of prominent Saudi preacher ‘Abd Allah al-Muhaysani. The latter called on all concerned parties “to place the interest of the Islamic community ahead of the interest of the group.” Al-Muhaysani presented a detailed reconciliation plan again involving an independent tribunal of sorts. It required all parties to assent to the terms of the initiative within five days, which all but the Islamic State did (see here and here). At the last moment, as the initiative expired on January 27, ISIS published a statement informing that it would participate if all parties first agreed on what position to take on cooperating with the Syrian National Coalition, its Supreme Military Council, and the neighboring governments of Jordan, Saudi Arabia, Qatar, the United Arab Emirates, and Turkey. Since ISIS rejects cooperation with all of them (ISIS spokesman Abu Muhammad al-‘Adnani has essentially hereticized them) while the other parties do not (even Jawlani has indicated a willingness to work with the Gulf countries) the statement served to preempt all discussion of mutual arbitration. In closing, ISIS reminded its adversaries that “the initiative of the commander of the believers”—that is, Abu Bakr al-Baghdadi’s peace offering—remained on the table.

A pro-IF jihadi

While most jihadi thinkers have tended to support either ISIS or JN as the epitome of the jihadi movement in Syria, one prominent jihadi ideologue, the Syrian Abu Basir al-Tartusi, has instead favored the Islamic Front and particularly Ahrar al-Sham, accusing the Islamic State and Jabhat al-Nusra of representing foreign interests. In mid-January, Abu Basir took his criticism of ISIS to another level, issuing a fatwa branding the Islamic State a band of “extremist Kharijites,” a reference to the violent exclusionary sect in early Islamic history. Among other things, he accused ISIS of unduly hereticizing other Muslim rebels in Syria, torturing its prisoners, targeting fellow Muslims with suicide tactics, and  exploiting the phrase “the Islamic State.” “Their state,” he wrote, “exists only in their imaginations and feeble minds.” Jihad against ISIS is thus warranted till such time as they desist from their “injustice, oppression, and aggression.” Some IF members, including the leadership of Liwa’ al-Islam and the Suqur al-Sham Brigades, have recently made similar remarks comparing ISIS to the Kharijites.

While Abu Basir’s stature in jihadi discourse has suffered since last year when he denounced Jabhat al-Nusra, al-Athari apparently found that this fatwa merited a detailed response. This he delivered in a booklet intended to explain “the difference between the men of the [Islamic] State and the Kharijites.” Its main argument is that the accusations brought against ISIS today—especially that of excessive hereticization (takfir)—were precisely those leveled against the first Saudi state inspired by Muhammad ibn ‘Abd al-Wahhab.

Pro-JN jihadis

The jihadi thinkers favoring JN have not gone so far as to brand the Islamic State a group of Kharijites. Rather their critique consists in a rejection—sometimes subtle, sometimes not—of ISIS’s claim to constitute a state with unimpeachable sovereignty. Iyad Qunaybi is an example of a pro-JN jihadi who has been outspoken in this rejection. Those who used to make it more subtly have started to join him.

Whereas two months ago Abu Qatada al-Filastini and Abu Muhammad al-Maqdisi, the two best-known jihadi thinkers alive, erred on the side of subtlety in  criticizing ISIS, since the offensive started they have quite noticeably sharpened their tone. During a court hearing in Amman in mid-January, Abu Qatada called on al-Baghdadi to scrap the “Islamic State” name and fight under Jabhat al-Nusra’s banner. He thereafter made his views clearer in an open letter, advising ISIS members in Syria to join JN and pleading with Baghdadi to follow the orders of Ayman al-Zawahiri and retreat to Iraq. According to Abu Qatada, while it is unlawful for Muslims to fight ISIS, the causes of the war against it lie in its stubborn insistence on statehood and in its unwarranted killing of other Islamist groups’ members. In his letter he is pessimistic that the conflict can be peacefully resolved, noting that since it “refuses to accept arbitration” of disputes, the Islamic State will not likely lend “receptive ears” to any call for reconciliation. That seems a pretty accurate prognosis.

In a leaked message from mid-January, al-Maqdisi likewise voiced his frustration with ISIS’s stubbornness. Additionally, he chided fellow jihadi ideologues al-Athari and Abu al-Mundhir al-Shinqiti, both of whom have contributed extensively to his popular website, for lending their support to the Islamic State’s radical policies. “I hope,” he is reported to have said, “that my anger reaches them.” Subsequently, in an open letter online, he struck a more conciliatory tone, though still managing to ridicule the idea that any jihadi group had become something “like the caliphate.” Reportedly al-Maqdisi was supportive of al-Muhaysani’s “community initiative.”

Pro-ISIS jihadis

Apart from al-Athari, two other noteworthy exemplars of the pro-ISIS jihadi camp are the Mauritanian al-Shinqiti (named by al-Maqdisi) and the Jordanian ‘Umar Mahdi Zaydan. Recently, neither has exhibited much restraint in criticizing ideologues of the competing camp. In an essay from early January, al-Shinqiti took aim at the argument of some thinkers (including Abu Qatada and al-Maqdisi) that the Islamic State is not a “lawful emirate” but rather a mere “battlefield command.” “O you who have made war on the [Islamic] State with your fatwas,” he said, “you have created this state of division (fitna).” The proper course for all Muslim fighters in Syria, in his view, and the only way to avoid dissension, is that they give allegiance (bay‘a) to ISIS leader Baghdadi. In a mid-January audio address, Zaydan praised al-Athari and al-Shinqiti for defying “their shaykh” al-Maqdisi, “with whom they are associated” and to whose website they once contributed. Instead of heeding the wrongheaded opinion of their teacher, they had obeyed God and His messenger.

A deepening divide

The protests of the pro-JN camp, which includes those thinkers generally considered most influential within the jihadi movement at large, seem unable to shake the resolution of the partisans of the Islamic State. Over the last month the latter have only grown more resolute, even mustering the courage to refute their presumed elders. The Islamic State, which was meant to unify jihadis and expand their base of support, has in Syria created a stark division. As the ideological divide in jihadi discourse becomes more and more pronounced, the likelihood grows that the consequences for jihadi unity will be dire.

 


[i] According to unverifiable information from @wikibaghdady (on which see here), Abu Humam al-Athari is the pseudonym for Bahraini religious scholar Turki al-Bin’ali and has considerable ties to ISIS.

Caliphate Now: Jihadis Debate the Islamic State

Since the mid-November beheading in Aleppo of allied commander Muhammad Faris of Harakat Ahrar al-Sham, a barrage of negative media attention has afflicted Abu Bakr al-Baghdadi’s Islamic State of Iraq and Sham (ISIS). ISIS was concerned by its public image problem even before this signal mistake. In a September statement, Islamic State official spokesman Abu Muhammad al-‘Adnani defended his emirate from a perceived media onslaught, thought to be led by “the unbelieving West” and its regional allies and aimed at discrediting ISIS: playing up its feuds with other mujahidin in Syria and playing down its battlefield accomplishments. Another campaign to discredit the Islamic State, however, cannot be attributed to Western origin. It arises from within the jihadi community itself.

In November the two most high-profile jihadi ideologues alive today issued searing critiques of ISIS and its emir, al-Baghdadi. Abu Muhammad al-Maqdisi and Abu Qatada al-Filistini, imprisoned in Jordan in the Umm al-Lu‘lu‘ facility in Zarqa‘ and the Muwaqqar prison outside Amman, respectively, came out in quick succession against the underlying premise of the Islamic State: namely, that it constitutes the reemergence of the original Islamic state, or caliphate, and that its leader, who adopts the title amir al-mu’minin (Commander of the Faithful), is the putative head of this renascent caliphate. ISIS has argued that it cooperates with other mujahidin in Syria, which is true. Yet it also quite clearly aspires to absorbing them all within its state structure. (On the political ideology of ISIS, see here.)

Over the past year most jihadi literature seems to have supported ISIS and its implied caliphal claims (see here and here for previous analysis). The double-headed rebuke from al-Maqdisi and Abu Qatada marks a departure from this praise chorus, possibly with painful consequences for the Islamic State.

Abu Qatada’s letter

Abu Qatada al-Filistini’s critique was the first to surface, appearing online on November 1. Born in 1960, Abu Qatada is a Jordanian of Palestinian background whose real name is ‘Umar ibn Mahmud Abu ‘Umar. Forcibly repatriated to Jordan in July 2013 after a decade-long detention in the United Kingdom, where he received asylum in 1994, he currently stands accused of supporting terrorist activities in his home country.

His short rebuke of ISIS and al-Baghdadi takes the form of an open letter to the mujahidin in Syria, advising them as a veteran jihadi and witness to countless battlefield gains squandered by infighting. The mistakes of “previous experiences,” he warns, ought to be heeded, for the current “disunity and disputation” among Syrian mujahidin “terrify and horrify every admirer.”

This division he attributes first of all to jihadi “leaders” enamored of power and leadership. The context suggests that he has al-Baghdadi foremost in mind. Challenging his title of amir al-mu’minin, Abu Qatada avers: “There exists no emir firmly established such that he should be treated as the caliph—or with similar names and titles.” Jihadi groups today are fighting to achieve strength for establishing “the Islamic state.” But no organization is yet worthy of that name. It is an error for mujahidin to fight for their organization “as if it is an end in itself and not a means [to an end].” In the harshest words of his letter, Abu Qatada accuses anyone who would call himself “caliph” or “amir al-mu’minin” of espousing Shi‘i political doctrine, wherein “commanders and leaders are seen as divinely appointed rather than chosen by human beings.”

Abu Qatada also attacks fellow jihadi ideologues for lending support to ISIS. Their fatwas, he says, reflect “naïveté and childishness,” and their authors are “elementary students” or “pretenders to religious knowledge.” By categorically supporting one side in Syria they make unity and reconciliation ever more difficult. Abu Qatada advises the formation of a “shari‘a elite” composed of learned religious scholars with authority to issue binding judgments on political disputes.

The “Zarqawi” wing responds

Five days after it was published, a leading jihadi ideologue in Jordan, the Irbid-based shaykh ‘Umar Mahdi Zaydan, issued a five-page rebuttal of Abu Qatada’s letter. While Zaydan is a lesser-name figure compared to Abu Qatada or al-Maqdisi, he has according to two recent media reports (see here and here) played a key ideological role in supporting ISIS against its jihadi detractors. A former acquaintance of both al-Maqdisi and Abu Mus‘ab al-Zarqawi, Zaydan, about 40 years old, represents the latter’s more intransigent political tendency.

Jordanian researcher Mohammad Abu Rumman recently identified “two principal trends” in the jihadi movement in Jordan and Syria: “The first is the more pragmatic wing, represented by al-Maqdisi and Abu Qatada; it adopts a position favorable to Jabhat al-Nusra, considering it a corrective to the path of al-Qa`ida in Iraq. The second trend is the extremist wing, represented by the followers of al-Zarqawi, or those who have been called neo-Zarqawis. One of their most prominent leaders is ‘Umar Mahdi [Zaydan], who has called publicly for allegiance to be given to the [Islamic] State [of Iraq and Sham] and al-Baghdadi.” In Jordan, Abu Rumman notes, the pragmatic wing of jihadism is the intellectually and culturally more powerful. The Zarqawi wing, however, has had more influence on the ground; far more Jordanians fight for ISIS than for Jabhat al-Nusra.

Zaydan’s rejoinder to Abu Qatada is entitled “Refuting the Statement of the One Who Considered the Islamic Caliphate a Part of the Shi‘i Religion.” According to Zaydan, Abu Qatada’s comparison of the Islamic State of Iraq and Sham to the Sh’i imamate is offensive. This letter, he notes, despite its oblique language not specifying names or groups, is doubtless an attack on ISIS and al-Baghdadi: “a clear accusation against him, his leaders, and his soldiers of ignorance, capriciousness, and love of power.”

Abu Qatada goes wrong, according to Zaydan, by refusing to recognize the special significance of the Islamic State, which is not just one jihadi “group” among others. It is the reborn Islamic state. Quoting Osama bin Laden, Zaydan asserts that ISIS is an “imara shar‘iyya” (lawful emirate) or “imara kubra” (supreme command). It is not, as Abu Qatada claimed, an “imarat jihad” or “imarat harb” (battlefield command). Zaydan makes clear elsewhere that he views al-Baghdadi’s Islamic State as nothing else but “the Islamic Caliphate.”

Zaydan is clearly offended by Abu Qatada’s further claim, which is that ISIS’s supporters are invariably “childish and naïve.” Listing the names of twelve jihadi ideologues and their works supporting ISIS, Zaydan asks, “Are all of these naïve…and childish?” The list of supporters includes Abu al-Mundhir al-Shinqiti, Abu Sa‘d al-‘Amili, Abu Humam al-Athari, Abu al-Hasan al-Azdi, and Abu Ja‘far al-Hattab. (All of them have been discussed previously on Jihadica.)

In his conclusion, Zaydan suggests that al-Maqdisi, his former teacher, would agree that Abu Qatada chose an inappropriate time to “attack the mujahidin” of ISIS. Unfortunately, Zaydan was unaware that on November 5 al-Maqdisi too had authored a short rebuke of ISIS. (On al-Maqdisi, see here, and see Joas Wagemakers’s new book.)

Al-Maqdisi’s letter

Al-Maqdisi’s critique of ISIS appeared twelve days later on November 17 as a short memorandum to certain mujahidin in Syria soliciting his advice: “They informed me that they attach importance to my advice and are not heedless of my guidance; indeed they teach my books to their soldiers.” Calling for greater unity among the mujahidin in Syria, al-Maqdisi’s letter is more measured and less admonishing than Abu Qatada’s. It likewise denies, however, the Islamic State’s claim to emirate or proto-caliphate status.

Al-Maqdisi stresses “the clear difference between battlefield commands…and the politically capable [Islamic] state.” The path to proper Islamic statehood, he affirms, follows certain “stages” that lead to “political capability.” Skipping any of these stages—i.e., declaring a state prematurely as ISIS has done—is dangerous as it foments internal warfare. Addressing “our brothers in Jabhat al-Nusra and our brothers in the Islamic State of Iraq and Sham,” al-Maqdisi advises that they fight “under one banner and under one emir.” That emir is obviously not al-Baghdadi, for he also advises that before this they “seek unity under the aegis of a shura council.” In a more explicit rejection of al-Baghdadi’s status as emir, he emphasizes that Syria’s jihadi leadership ought to be of Syrian origin, the better to appeal to the Syrian people. Al-Baghdadi is of course Iraqi.

Al-Maqdisi ends his letter with an appeal to fellow jihadi scholars to support the banner of tawhid (unity) in Syria and not show partiality to one group or another. With these words he seems intent on curbing junior jihadi ideologues’ excitement over ISIS. The implication is that they should refrain from calls for bay‘a, or the pledge of allegiance, to be given to al-Baghdadi.

An enduring debate

The debate over the Islamic State’s readiness for statehood, or its “political capability” (tamkin), is by no means new. In 2006 the Islamic State of Iraq’s shari‘a council issued a 90-page document addressing just this issue. It noted that the original state of the Prophet Muhammad was founded on much less territory and with far less capability than the new Islamic state in Iraq.

This is just one of a number of points of contention over ISIS that has generated a daunting amount of disputatious literature. One jihadi author, claiming to represent Jabhat al-Nusra, recently produced several hundred pages of rebuttal to the three pro-ISIS works of Abu Humam al-Athari, Abu al-Hasan al-Azdi, and Abu Ja‘far al-Hattab (see here, here, and here). This in turn inspired a counter-refutation—a merciful 25 pages—by yet another pseudonymous author.

Until now the momentum in this debate has favored ISIS and al-Baghdadi, but the new contributions from Abu Qatada and al-Maqdisi may prove a serious obstacle in their advance. At the very least they highlight the stark divide in the jihadi movement today between supporters of a hardline, “caliphate now” strategy and those of more pragmatic mind.

A Little-Known Syrian Jihadi Magazine

In various previous posts, I have paid attention to the Syrian-British Jihadi-Salafi ideologue Abu Basir al-Tartusi, for example because of his criticism of other jihadis and his support for the Free Syrian Army at the expense of Jabhat al-Nusra. His position, differing somewhat from that of other major radical scholars, was interesting because it was more conciliatory towards non-Islamists and remnants of previous regimes and also because it was less dismissive of the widespread calls for democracy that the Arab Spring showed.

The Arab Spring also pulled Abu Basir out of the semi-isolation that he was in when he was still living in Britain. Since the early protests against the Syrian regime, he has been very active in promoting the downfall of President Bashar al-Asad, with an unprecedented amount of footage of his speeches, lessons, etc. appearing on YouTube. Part of this greater exposure in the media was a Facebook page that al-Tartusi had, called The Islamic Resistance to the Syrian Regime. This “Islamic Resistance” also published a magazine that I have not heard mentioned anywhere and that I also could not find on Aaron Zelin’s Jihadology website, which probably means it’s not very well-known. This post looks at the topics dealt with in this magazine.

Short-lived

The first thing that you notice about the magazine, entitled simply “The Magazine of the Islamic Resistance, is that publishing it must have been a rather short-lived affair. The entire magazine numbers only five issues (here, here, here, here and here), with the first one appearing in March/April 2012 and the latest one – despite the fact that it was supposed to be published every fortnight – in May 2013. Given the long time period between the different issues, one could argue that no. 5 is not the last one and that no. 6 has simply not been published yet, although it has been over six months since the last issue, so that does not seem likely.

The second thing that is striking about the magazine is the fact that Abu Basir plays a very prominent part in it. (Parts of) his articles feature regularly in the magazine’s pages and the back pages of issues 2-5 explicitly mention al-Tartusi’s website, as well as the aforementioned Facebook page of the Islamic Resistance to the Syrian Regime. The magazine as a whole often features material that has been published elsewhere before and is also quite thin (12 pages), thereby giving the impression that not too much work has been put into producing it. One could argue that such magazines are made under less than ideal circumstances, what with the country being embroiled in a civil war, but that has not stopped other jihadi magazines from looking rather slick.

Information, Encouragement and Defamation

The magazine’s contents are diverse, but can basically be summed up by the words information, encouragement and defamation. Particularly at first, the magazine sought to inform its readers by giving them a list of attacks perpetrated by the Free Syrian Army (no. 1, p. 3) or a story about the history of Dar’a (no. 1, p. 5). This continued by posting bits from Abu Basir’s “scrapbook of the revolution and the revolutionaries” (for more on this, see here), yet as time went by these became less and less informative and more and more crudely anti-regime.

As I recall from my research several years ago on Saudi jihadi magazines such as Sawt al-Jihad and Mu’askar al-Battar, both published by Al-Qaida on the Arabian Peninsula (and about one of which Nico Prucha has written a very interesting book, by the way), one of the things the editors of such magazines try to do is to encourage their readers to continue the fighting, to keep the faith and not to lose hope. (Such behaviour is often seen among social movements trying to ensure the support of their followers.) This can be done by celebrating victories, showing progress that has been made or pointing to goals that have already been reached, for instance. In this magazine, such encouragement is found in singing the praises of the people who actually go out and fight in Syria (no. 2, p. 7), lauding Syria as a country worth fighting for (no. 2, p. 8) or calling on people to help free prisoners (no. 3, p. 10).

The most “encouraging” aspect of the magazine, particularly in the later issues, was undoubtedly the increasing number of rather graphic photographs of dead Syrian children and gruesome wounds suffered by the people hit in attacks. Perhaps such photographs were simply published to show what the regime had done, yet it is tempting to see them as implicit (or sometimes not so implicit) calls for revenge. This dovetails with the third thing the magazine tries to do, namely to defame the Syrian regime and its ‘Alawi beliefs. Perhaps the most frequent theme of articles in the magazines is the crimes of the Syrian regime, which is quite understandable, and the supposedly deviant nature of the ‘Alawites in general.

Epitome

Two things come to mind when flicking through the pages of these magazines: firstly, the increasing emphasis on defaming the regime and ‘Alawis seems to reflect the more and more radical nature of the Islamist groups fighting the Syrian regime; secondly, given the small number of issues published, the early demise of this magazine seems to mirror the fortunes of the Free Syrian Army and the moderate Islamist opposition that Abu Basir supported at the beginning. If recent reports are correct, these factions play a much smaller role than they did at the beginning, with groups such as Jabhat al-Nusra and the Islamic State of Iraq and Sham (ISIS) now calling the shots. As such, the magazine seems to be the epitome of the moderate Islamist opposition in Syria: it started out with plenty of ambition, but eventually seems to have been reduced to something small and relatively irrelevant.

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