Should Abu Bakr Al Baghdadi, the leader of the Self-Declared Islamic State be sued for Misrepresentation

(S.M Irfan Tahir, Lahore)

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.


 

S M IRFAN TAHIR
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