Should Abu Bakr Al Baghdadi,
the leader of the Self-Declared Islamic State be sued for Misrepresentation
On 29 June 2014, the self-declared Islamic state (IS) announced the
establishment of a world-wide caliphate. Al-Baghdadi originally known as Ibrahim
Awad Ibrahim al-Badri was named as the Caliph of “Islamic State of Iraq and the
Levant” (ISIL) which was later renamed “Islamic State (IS). After being named as
Caliph, al-Baghdadi summoned Muslims the world over to pledge their allegiance
to him in his quest to establish an “Islamic State.” As a result of this
announcement, we have been witnessing and reading stories of multiple
individuals both males and females embarking on what they are led to believe is
a “jihad” by flocking to Iraq and fighting for the IS cause to establish an
enclave that is called an “Islamic State.” As part of this process, we have seen
mass public killings of individuals and groups in the most gruesome manner
(Christians, Yazidis, Shia and other Muslims) by IS on the proviso that these
communities oppose their warped theological world view. The leader of IS has
been portrayed as a learned man in many quarters where analysts have stated that
he acquired a doctorate in Islamic Studies from the University of Baghdad. On
the tutelage of his leadership, IS have been causing mass destruction of many
sacred and religious sites revered across the Abrahamic faith traditions in
Iraq, Syria and Libya. Individuals and groups in other parts of the world both
in the West and the East have been attempting to cause discriminate and
indiscriminate damage on the other and proclaiming that the acts have been
undertaken under the guidance or auspices of IS.
Within the controlled enclaves of IS, there have been numerous stories of women
being raped and abused along with further gross violation of human rights. The
International Centre for the Study of Radicalisation and Political Violence (ICSR)
estimate that around 20,000 people in total have flocked to join IS in Syria.
Between 10% and 30% - up to 7,000 people - have already returned home and a
further 5% to 10% have been killed.
According to the UN, more than half of the world's countries are producing
jihadist. The majority are from the Middle East and many come from North Africa.
The five countries with the most fighters are in Syria are Jordan, Saudi Arabia,
Tunisia, Lebanon, and Libya. Russia has also contributed a substantial number of
fighters - with most believed to have come from Chechnya. Another 3,000 come
from former Soviet states. It is estimated that 4,000 are from Western Europe
with France, Germany and the UK the biggest contributors. Belgium has
contributed more per capita than any other EU country. (BBC News, How many
people have gone to Syria to fight, 2 August, 2015).
IS Misrepresentation
The question that is being posed by the majority of the 1.6 billion Muslims the
world over is who gave al-Baghdadi the authority and legitimacy to declare that
he is the caliph and summon other Muslims to pledge their allegiance to his new
found global quest? Are the practices that are being undertaken by IS under
al-Baghdadi’s tutelage in conformity with what the core teachings and norms
understood and practiced by the majority of the Muslim populations the world
over? If the answers to the above are an affirmative no, is there not a case to
argue that the phenomena that is IS- is a gross distortion and misrepresentation
of the core teachings and practices understood by mainstream Muslims the world
over and hence the leader of IS and its affiliates should face due process based
on principles of justice be it via legal or military channels?
Misrepresentation Act 1967 UK
The UK, Parliament has passed a law that has been enacted since 1967 called
“Misrepresentation Act 1967.” Section 1 of the Act stipulates:
Where a person has entered into a contract after a misrepresentation has been
made to him and a/ the misrepresentation has been performed,or both, then, if
otherwise he would be entitled to rescind the contract without alleging fraud,
he shall be so entitled, subject to the provisions of this Act, notwithstanding
the matters mentioned in paragraph (a) and (b) of this section –to Damages for
misrepresentation as set out in Section 2 of the Act. Section 2 (1) touches on
the point that the person who makes a misrepresentation whether fraudulently or
not fraudulently would be liable to damages unless he can prove that he had
reasonable ground to believe up to the time the contract was made the facts
represented were true. Section 2 (2) of the Act goes on to state that where a
person has entered into a contract otherwise than fraudulently, he would be
entitled by reason of the misrepresentation to rescind the contract and a court
or arbitrator may declare the contract subsisting and award damages in lieu of
rescission. The Misrepresentation Act 1967 also stipulates avoidance of contract
terms excluding liability for misrepresentation based on principles of
reasonableness.
Applying the principles of the Misrepresentation Act 1967 to IS Using the
provisions of the Misrepresentation Act 1967 and applying it to al-Baghdadi’s
IS, one can begin to dismantle and unravel the core frailties of this group and
recent phenomena.
The first question to ask is what IS-is propagating a misrepresentation of the
faith of Islam ?
IS claims to its current quest and acts of barbarism by claiming
legitimacy from the Islamic tradition. (See Graeme Wood- What ISIS Really
Wants-https://www.theatlantic.com/magazine/archive/2015/03/what-isis-really-wants/384980/
March 2015).
One needs to assess what classical and contemporary scholars of the Islamic
tradition have to say about the emergence of IS and their subsequent acts of
barbarism and desecration. The rebuttal to IS across the scholarly spectrum is
nothing but categorical and damning. One of the most prominent rebuttals to
groups like IS has come from Dr. Muhammad Tahir ul Qadri via his book “Fatwa on
Terrorism and Suicide Bombing” (See further https://www.fatwaonterrorism.com/)
published in 2010. This fatwa which is a legal opinion from a qualified scholar
of Islamic jurisprudence sets out in clear and unequivocal terms using core
sources from the classical Islamic tradition (Quran, Hadith, Juridical opinions)
that acts of terrorism and suicide bombing categorically have no link to the
Islamic tradition and that individuals and groups that subscribe to this
barbaric behaviour are following the path of the kharijites (A group that
defected from mainstream Islam in the early phase of Islamic history). This
fatwa pre-dates the emergence of IS but the opinion is equally valid for a group
like IS. The sources from this fatwa have since been utilised in different
literature to frame the counter narrative and rebuttal to the emergence of IS.
More recently, we have seen leading Muslim leaders and scholars across the world
endorse a rebuttal to IS from the classical Islamic tradition titled “Open
Letter to Al-Baghdadi” (See https://www.lettertobaghdadi.com/). The Open Letter
sets out amongst many other themes that it is forbidden in Islam to oversimplify
Shari’ah matters and ignore established Islamic sciences, to kill the innocent,
emissaries, ambassadors, diplomats, journalists and to declare people as
non-Muslims (takfirism) unless he (or she) openly declares disbelief. It also
states that Jihad in Islam is a defensive war. It is not permissible without the
right cause, the right purpose and without the right rules of conduct.
Unlike, Al-Qaeda where the focus of propagating their message centred on the
speeches of Osama Bin Laden to galvanise individuals and groups to their cause,
IS propaganda is focusing less on the speeches of its temporal leader
al-Baghdadi but using social media online platforms to communicate their message
and lure individuals to their cause. As a rebuttal to this, initiatives such as
“Imams Online” (https://imamsonline.com/) which is supported by senior Muslim
scholars have laid out an online counter IS narrative platform to raise
awareness about the frailties of the group.
The Syrian scholar, Shaykh Muhammad Al-Yaqoubi has also just published a book
titled “Refuting ISIS- A Rebuttal of Its Religious and Ideological Foundations”
(Aug 2015). The book provides a thorough refutation of ISIS beliefs and crimes.
Providing authentic quotes that destroy the allegations of ISIS, Shaykh Al-Yaqoubi
reaches the conclusion that this group does not represent Islam, its declaration
of a caliphate is invalid, and fighting it is an obligation upon Muslims.
Other initiatives are also taking place to counter the violent extremism
narrative that is being propagated by IS by organisations such as The Oxford
Foundation via the “United for Peace-Communities United against Extremism”
initiative (https://www.theoxfordfoundation.com/#!united-for-peace/cbfl) who have
successfully held solidarity services in Oxford and Birmingham encompassing
representations from a multi-faith, non-faith and civic leaders demonstrating
how the menace of extremism can be eradicated by communities successfully
working together towards a common goal of peace and at the same time amplifying
their strong rebuttal against those that espouse an extremist narrative.
At the 2015 70th Session of the United Nations General Assembly, world leaders,
foreign ministers, diplomats, scholars and analysts have all been reiterating
how groups such as IS who conduct acts of terrorism are at odds with the core
humanitarian values the global civilised community seek to abide by and how a
counter rebuttal featuring both diplomatic and military action is now needed to
diffuse this menace from our midst. In particular, Vladimir Putin, President of
Russia who stated during his UNGA speech “Muslim nations must join the fight
against terror, their religion is being distorted.” We have begun to witness the
emergence of an “International coalition of the willing” to rebuff and stifle
IS. Shaykh Abdullah bin Bayyah from the Forum for Promoting Peace in Muslim
Societies based in Abu Dhabi addressed the UN GA stating that “human kind is in
dire need of the Ark of Noah” and in keeping with the Prophetic tradition “our
central concern is how to rescue this sinking ship.” He affirmed that “we are
attempting to extinguish the fires that have engulfed our human abode. The
function of clerics and religious actors in such circumstances is, in the manner
of fire fighters, to douse the flames of fanaticism that burn in people’s hearts
and minds. A fire fighter does not ask who started the fire and why, but rather
“how do we put it out?”
Based on the above brief synopsis taking on board the viewpoints from the
classical Islamic tradition along with contemporary faith and non-faith domestic
and global leaders, the viewpoint that IS-is a gross misrepresentation of the
faith of Islam is categorical, damning and unanimous.
Damages
Applying the principles of Section 2 (1) of the Misrepresentation Act 1967 to
the statements and actions of IS under the leadership of al-Baghdadi where a
“person who makes a misrepresentation whether fraudulently or not fraudulently
would be liable to damages unless he can prove that he had reasonable ground to
believe up to the time the contract was made the facts represented were true,”
the statements of the classical and contemporary scholarly fraternity across the
Muslim and western world have given a definitive statement that the theological
and practical narrative presented by IS under al-Baghdadi’s leadership is a
gross misrepresentation and distortion of Islam. Even if al-Baghdadi’s IS group
has originated via fraudulent or non-fraudulent channels, he and the group would
be liable for damages based on the law of tort unless he can prove that he had
reasonable grounds to believe that the narrative he has presented of IS were
true. A galaxy of Leading Muslim scholars, analysts and world leaders have
categorically condemned the actions and behaviours of IS under the leadership of
al-Baghdadi and hence the notion that al-baghdadi can muster up a plausible
defence from the classical Islamic tradition for the actions of IS, is
incomprehensible and unfounded.
The verdict is pretty unanimous and damning that the phenomena that is IS under
the leadership of al-Baghdadi is a misrepresentation of Islam and that he along
with is associates and accomplices wherever they originate from across the world
should be sued for damages.
The format and manner in which the damages should ensue is open to public
debate. The damages will constitute the following:
1/ Reputation damage to the faith of Islam through the gross misrepresentation
of the faith by IS;
2/ Damage to innocent civilians and their families who have lost loved ones
under the mass brutality and killings conducted by IS;
3/ Financial damage to individuals, families and regions where IS have carried
out their barbaric acts;
4/ Heritage damage-the destruction of sacred and religious sites across various
faith traditions.
The list of potential damages can be endless, but the principle has been laid
out that for the overwhelming majority of the 1.6 billion global Muslim
population, IS does not depict their theological viewpoint at a theoretical and
practical level and hence they are owed a recompense for the poisonous
distortions they have emitted across the globe. If the international will is
there and if the leader of IS-is ever captured alive, there may be a strong case
for him being tried under criminal law at the International Criminal Court (ICC)
in an open court setting to highlight for the global onlookers the mass crimes
committed by this group, exposing the groups fragilities and at the same time
providing an appropriate legal judgement / sentence.
Misrepresentation of Faiths Act
We live in a world where we are witnessing gross misrepresentations of the
esteemed world religions cherished and revered by millions and billions
globally. As a result of what are often warped and distorted interpretations of
religious traditions by misguided and often unlearned individuals, many
including our own home grown British citizens are lured to traverse on a path of
darkness that leads to violent extremism, indiscriminate killing of innocence
and acts of terrorism. To curtail this vicious trend, I propose that the senior,
most esteemed and respected religious representatives of the different main
faith traditions represented in the UK set up a committee (Faiths Committee or
Misrepresentation of Faiths Committee) that has legislative authority to provide
guidance and directions by highlighting the individuals and groups that seek to
misrepresent those respective faith traditions. The opinions, guidance and
directions emanating from this committee will be legally binding and hence
provide a forum where lay persons can access their rulings and decisions to be
able to differentiate truth from falsehood and hence help stifle the treadmill
of susceptible and vulnerable individuals who end up voluntarily or
involuntarily joining these pseudo groups often with destructive endings for
themselves and their families. Such a committee will be independent from any
political interference and seek to adhere to the highest principles of
transparency, justice and rule of law.
E Petition
As a result of the gross misrepresentation of Islam by groups such as IS along
with many groups misrepresenting other faith traditions, the time has come to
introduce a Misrepresentation of Faiths Act in UK law so that British citizens
are able to differentiate between the reality and core teachings of the
respective faiths and what are a gross misrepresentations and distortion of
those faith traditions.
I propose that in order to start the ball rolling, this topic should be debated
in Parliament with a view to progress this proposition forward and ironing out
any technicalities that such a law could present. The E-Petition I am proposing
reads as follows:
With many of the World’s great religions being hijacked and misrepresented by
violent extremists through indiscriminate killing of innocence and acts of
terror, the UK should enact a new law titled Misrepresentation of Faiths Act to
differentiate between the two.
Please click the link below and complete to support the e-petition:
https://petition.parliament.uk/petitions/109776/sponsors/yJcikAt0UzZJy9xxqrx
By Kaleem Hussain
The writer has an undergraduate LLB Law degree and Masters in International
Economic Law from Warwick University along with a Diploma in Government Studies
from Warwick Business School, UK. The writer is a Representative for the Oxford
Foundation in Birmingham, UK and frequently writes on contemporary Muslim
affairs. He tweets on @KaleemHussain20.