Aman, or reciprocal safety under Islamic law

London was the centre for communications between Islamist groups and groups opposed to the governments of their own countries. We maintained communications with jihadi leaders outside Britain, in particular Dr Ayman al-Zawahiri who used to call me regularly and I would take his calls in a telephone box in the London suburbs … John Major’s government was very clever and served the security of Britain and the interests of its people by accepting our truce by which we meant that we would never target Britain … as long as the security forces left us alone … When Tony Blair came to power in 1997 he tore up the unwritten understanding and stabbed the mujahedin in the back by changing the laws and harassing us.

Note that there is no specific mention of MI6 here, and the reference is to an “unwritten understanding”.

This is all hearsay, in fact — Atwan describing al-Suri’s thoughts rather than direct quotes from al-Suri — so I’m left wondering whether anyone actually offered the British a truce, or whether what’s really going on here is that al-Suri mentioned to Atwan that the British were taking advantage of aman protection against jihadists attacking a country (in this case, the UK) which had given them shelter.

Is this secret, tacit and unwritten truce really a truce at all, or just a mutual recognition of the existing limits of warfare under Islamic jurisprudence?

**

Consider in this context how Bin Laden himself chastizes Faisal Shahzad, the Times Square bomber, 9n this excerpt from Letters from Abbottabad: Bin Ladin Sidelined? p.41:

You have perhaps followed the media trial of brother Faisal Shahzad, may God release him, during which the brother was asked to explain his attack [against the United States] in view of having taken an oath [not to harm it] when he was awarded his American citizenship. He responded that he lied [when he took the oath]. It does not escape you [Shaykh `Atiyya] that [Shahzad’s lie] amounts to betrayal (ghadr) and does not fall under permissible lying to [evade] the enemy [during times of war]…please request from our Pakistani Taliban brothers to redress this matter…also draw their attention to the fact that brother Faisal Shahzad appeared in a photograph alongside Commander Mahsud. I would like to verify whether Mahsud knew that when a person acquires an American citizenship, this involves taking an oath, swearing not to harm America. If he is unaware of this matter, he should be informed of it. Unless this matter is addressed, its negative consequences are known to you. [We must therefore act swiftly] to remove the suspicion that jihadis violate their oath and engage in ghadr.

It’s interesting that Dr Fadl, aka Sayyed Imam Al-Sharif, the prominent Jihadist ideologue whom Lawrence Wright terms an “Al Qaeda mastermind” makes a very similar claim in his Refutations, in whichb he retracts his previous suppoort for AQ on grounds of religious law:

Fadl acknowledges that “terrorizing the enemy is a legitimate duty”; however, he points out, “legitimate terror” has many constraints. Al Qaeda’s terrorist attacks in America, London, and Madrid were wrong, because they were based on nationality, a form of indiscriminate slaughter forbidden by Islam. In his Al Hayat interview, Fadl labels 9/11 “a catastrophe for Muslims,” because Al Qaeda’s actions “caused the death of tens of thousands of Muslims—Arabs, Afghans, Pakistanis and others.”

The most original argument in the book and the interview is Fadl’s assertion that the hijackers of 9/11 “betrayed the enemy,” because they had been given U.S. visas, which are a contract of protection. “The followers of bin Laden entered the United States with his knowledge, and on his orders double-crossed its population, killing and destroying,” Fadl continues. “The Prophet—God’s prayer and peace be upon him—said, ‘On the Day of Judgment, every double-crosser will have a banner up his anus proportionate to his treachery.’”

As Hannah Stuart comments in Critiquing Radical Islamist Claims to Theological Authenticity on the respective views of Bin Laden, Dr Fadl and others:

While their interpretations differ, it is testament to the strength of the Islamic obligation to honour an oath that senior al-Qaeda figures view perceived transgressions with such severity.

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