On April 4, 2007, Islamist Kuwaiti Sheikh Hamed Al-Ali, known for his support of the jihad fighters, issued a fatwa criticizing the Islamic State of Iraq (ISI) and characterized its establishment as a forbidden act of religious innovation. Al-Ali called upon the founders of the ISI (i.e., on Al-Qaeda in Iraq) to dissolve the ISI and to reassume their status as an ordinary jihad group operating in cooperation with the other jihad organizations.

The fatwa was received with surprise and disapproval by many writers on the Islamic websites, who accused Al-Ali of instigating civil strife. Al-Ali replied to the accusations in an April 7, 2007 message, reiterating his position and stressing that circumstances were not yet ripe for the establishment of an Islamic rule (nidham hukum) in Iraq.

The following are excerpts from the relevant documents:

Sheikh Hamed Al-Ali: To Monopolize Jihad in Iraq and Divide the Ranks of the Mujahideen is To Do the Devil's Work

Sheikh Hamed Al-Ali's fatwa of April 4, 2007 was posted in response to the following question, addressed to him on his website: "Is it right to call the members of the Sunni jihad groups in Iraq 'rebels' [if] they have not pledged allegiance to the so-called 'Islamic State of Iraq,' and is it true that pledging allegiance [to the ISI] is the religious duty of every Muslim today? According to shari'a, what is the imama [i.e., the position of the imam, the leader of the Islamic state], to whom all Muslims must pledge allegiance, and what does shari'a say about the Iraq disaster in general?"

After presenting quotations from numerous Islamic sources addressing various aspects of the imama (including conditions for its establishment, how the imam is chosen, criteria for his selection, the oath of allegiance to the imam, etc.), Al-Ali concluded: "In light of the above, I suggest to those [who announced the establishment of] the so-called 'Islamic State of Iraq' to withdraw their announcement and to return to their former [status] of a jihad group operating alongside the other jihad groups under the banner of jihad. Furthermore, I suggest spreading the spirit of brotherhood, friendship and mutual consultation among the mujahideen, instead of [spreading] strife that divides [our] ranks and diffuses our efforts.

"The imama [established by the ISI] is not grounded in Islamic law, since Islam does not recognize [the concept of] swearing allegiance to an unknown, hidden leader who lacks the power, the visible presence and the [self-sustaining] empowerment [tamkin] which would enable him to maintain [safety] on the roads, to dispense law and justice, to protect life, property and honor and [to defend the] borders...

"Establishing an imama without adequate religious basis and then imposing it on people by the force of the sword is an [unacceptable] religious innovation... and there is a danger of straying from the right path, for which Allah may withdraw his blessing [from the believers] and cause jihad to be forgotten..."

Before answering the general question about the situation in Iraq, Al-Ali addressed a question that he had been asked previously in connection to Afghanistan. The question was: "What are the criteria [for establishing] an imama, and is [Taliban leader] Mullah Omar considered the Emir Al-Muminin [i.e., Commander of the Believers, a title reserved for the lawful imam]?" Al-Ali answered: "The original [goal] was for all Muslims to [be ruled by] a single imam, who would coordinate [the management of the Muslims'] affairs... [However,] if the nation is in an anomalous state of disunity, each lawful imam will rule those under his authority... Mullah Omar was therefore the [lawful] imam of those who were under his authority in Afghanistan, and he ruled them justly, upheld shari'a and protected the faith, until disaster struck him and his people and the invaders entered their country... They are still being sorely tried and we beseech Allah to grant them victory."

Returning to the issue of Iraq, Al-Ali said: "The banner [of jihad in Iraq] is a banner of defensive jihad. Generally speaking, the [members of] the known jihad groups [in Iraq] are righteous men who have spared no effort in jihad and have all brought the [Muslim] nation a tremendous victory... Nevertheless, [Iraq] is still under occupation. They must continue their jihad until the final victory is achieved, and nothing must distract or hinder them from [achieving] this goal. Only after [they achieve it] should they, along with everybody else, begin to lay down the foundations for the revival of Islam and [for the establishment of] an inclusive Islamic rule that will incorporate all the forces of da'wa and jihad, [as well as] the rest of the nation.

"But to monopolize jihad and [spread] abhorrent division, extremism and [mutual] hatred [among the jihad fighters] - albeit under a pretense of piety - is to do the work of the Devil and to follow [base] instincts, and everyone must avoid such acts and keep away from this dangerous path." [1]

Islamists Respond by Accusing Al-Ali of Instigating Civil Strife

Many writers on Islamist websites expressed surprise and disappointment at Al-Ali's fatwa, saying that it could instigate civil strife (fitna) among the jihad fighters. The following are excerpts from an unofficial response by an individual named Bakr bin Salim Bakri, posted by GIMF. [2]

"Many of those who support the jihad fighters and love Sheikh Hamed Al-Ali were very surprised by his fatwa... It would not be an exaggeration to say that this is one of the most serious [cases of inciting] fitna that the jihad in Iraq has known during this sensitive phase. And this fatwa was not issued by an insignificant sheikh. [It was issued] by a sheikh who is not only known for his support of jihad but is a well known [figure, namely by] Sheikh Hamed bin Abdallah Al-Ali - the most prominent of the sheiks who support the jihad fighters...

"This fatwa [reflects] the sheikh's political position which is opposed to the policy of the largest jihad group in Iraq [i.e., the ISI], and it is well known that this group includes a branch of Al-Qaeda - the spearhead of the [Islamic] nation, which is presently engaged in the greatest war against the Crusaders...

"This fatwa, coming at this time, can turn into a weapon against the jihad and the jihad fighters. Such fatwas, [if issued], should be distributed among the jihad fighters in secret... In my opinion, the media will exult over this fatwa as it has not exulted since the day Abu Mus'ab Al-Zarqawi was killed.

"The fatwa included expressions unworthy of Hamed Al-Ali, like 'monopolizing [jihad]' and like 'bloodshed'... which will be used by the enemies of jihad to blacken the name of the mujahideen...

"As for the sheikh's religious [arguments regarding] the cost and benefit of establishing the [Islamic] state - these [issues] have already been addressed by one of the jihad fighters in the book [titled] 'Informing People about the Emergence of the Islamic State,' [3] and by others in numerous interpretive articles." [4]

Sheikh Hamed Al-Ali: "The Jihad Has Not Yet Achieved Its Goal... It is Not the Right Time [to Implement] the Broad Muslim Plan..."

In his response, posted April 7, 2007 on Islamist websites, Sheikh Al-Ali reiterated that conditions are not yet ripe for the establishment of an Islamic state, and called on all the jihad groups to cooperate with one another. The following are excerpts:

"Allah the all-knowing knows that I issued the fatwa only because I saw it as my religious duty to protect the commandments of the faith. [The desire] to please Allah has always been, and will always be, my only consideration. I have never cared whether a certain individual or group would be pleased or angered [by my words], and I will never [care about this]... I clarify the truth for people - even if it is a bitter [truth] - [since this is better] than letting them [cling to] false hopes and eventually be hit by a disaster that will frustrate and confound them...

"You all witness the events in Iraq. [You all] rejoice at the actions of your heroes there and are proud of their immense cultural and historic achievement, which has defeated the Zionist-Crusader plot... You have every right to be proud of this [achievement]. [However,] know that all [the jihad fighters] have a part in [this achievement], since, even before the Americans occupied Iraq, the [Iraqi] jihad groups were blessed, worthy and well-known as pure-hearted Iraqi da'wa [forces]... They graciously welcomed their brothers [the jihad fighters] who came from outside Iraq to support them, and [benefited from] their assistance...

"However, their swords are still drawn and engaged in fighting, and their spears are still held aloft in battle, [for] the war is still continuing... The jihad has not yet achieved its aim and has not ended, and the occupier has not yet withdrawn... In light of the ongoing war with the enemy and the numerous far-reaching ramifications [of this war], it is not the right time [to implement] the broad Islamic plan of establishing a mature Islamic rule that is guided in the right path...

"This is the plain truth, and all the jihad groups know it... They know that the announcement of an Islamic rule - because of its significance, and in light of the sensitivity of the times and circumstances - [is not something that can be done] by trial and error. [They know] that it is wrong to [make this announcement] before [conditions] are ripe and all the phases are completed, [and when] all the resources have not yet been [leveraged] to ensure the emergence [of the Islamic state] in a way that will [truly] reflect the message of Islam... Anything else is a mistake, and I have already explained this clearly...

"I wish to advise the jihad organizations in Iraq [as follows]:

"1. They must increase their cooperation and sign an agreement that will include at least two elements: [firstly, a decision that] spilling [Muslim] blood is a red line [that must not be crossed], and that aiming our weapons at each other, for any reason whatsoever, is utterly forbidden... [secondly, an understanding that] nothing must be given higher priority than expelling the American and Shi'ite occupiers and thwarting their dangerous plans...

"2. In their da'wa, [the jihad organizations] must be compassionate and forgiving towards the Iraqi people, and must give the [Iraqi] clerics priority over other [clerics]...

"3. They must deal with the deviant [individuals] among [the jihad fighters] by uniting and [leaving these deviant individuals] isolated. [At the same time,] they should allow the individuals who repent to return [to the fold], and explain their error to them..." [5]

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[1] http://www.al-hesbah.org/v/showthread.php?t=119552.

[2] The GIMF is an Islamic body that posts items dealing with jihad fighters on the Internet. It denies any connection with Al-Qaeda.

[3] A book posted on Islamist websites, which, among other goals, attempts to establish the legitimacy of the ISI. See MEMRI Special Dispatch No. 1424, "Islamist Websites Monitor Project No. 44-47," January 12, 2007, http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP142407.

[4] http://www.alhesbah.org/v/showthread.php?t=119965.

[5] http://www.elshouraa.ws/vb/showthread.php?p=20795#post20795.

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