PERSPECTIVES ON TERRORISM Volume 8, Issue 6 Has Adam Gadahn Forsaken the Lawful Jihad for Anti-Americanism? A Case Study of Ideological Contradictions by Paul Kamolnick And if you say that this barbaric style is known in your tribal traditions, or your people’s traditions, or tolerated by your Shaykh or Emir, we would say: It is not allowed in our Islam . A fight that is not guided by the Shari’ah rules is not honored.[1] We denounce any operation carried out by a Jihadi group that does not consider the sanctity of Mus- lims and their blood and money. We refuse to attribute these crimes to Qa’ida al-Jihad Organization. .This position and the judgment is not to be changed if the act is carried out in the name of Jihad or under the banner of establishing Shari’ah and the legal measures, or under the name of promot- ing virtue and preventing vice. As long as it is forbidden in God’s religion, we are disassociated from it.[2] I have no doubt that what is happening to the Jihadi movement in these countries is not misfortune, but punishment by God on us because of our sins and injustices, or because of the sins of some of us and the silence of the rest of us.[3] Abstract Despite his importance as a senior Al-Qaeda spokesman, no detailed examination exists of Adam Yahiye Gadahn’s employment of fiqh al-jihad—that branch of Islamic jurisprudence regulating the lawful waging of jihad—to condemn or condone violence committed in the name of Al-Qaeda. This article first provides a detailed exposition of Gadahn’s sharia-based critique of affiliates’ conduct deemed by him in violation of Islamic law and involving the commission of major sins. Second, Gadahn’s conception of fiqh al-jihad is contextualized and contrasted with the comprehensive fiqh al-jihad-based critiques produced by respected militant Islamist scholars. A key finding here is that Gadahn (unlike these scholars) illicitly truncates the application of fiqh al- jihad with the result that he demands sharia-compliance when criticizing intra-Islamist violence yet ignores sharia-compliance when targeting America and Americans. Third, reasons are considered for this incoherent application of fiqh al-jihad and attempted Islamic legalization of anti-American mass casualty terrorist attacks. Finally, the discussion concludes with implications for counter-Al-Qaeda strategy. Keywords: Adam Gadahn, Al-Qaeda, Fiqh al-Jihad, Anti-American mass casualty terrorism, counterterrorism Introduction The declassification of 17 documents captured during the United States government (USG) May 2, 2011 raid on then Al-Qaeda emir Usama bin Laden’s compound in Abbottabad, Pakistan, offers scholars a rare opportunity to study candid internal discussions among Al-Qaeda’s Senior Leadership (AQSL).[4] One of these documents is a 21-page single-spaced letter [5] authored by al-Qaeda senior communications operative Adam Yahiye Gadahn (aka: Azzam al-Amriki).[6] Composed about four months before the Abbottabad raid,[7] two themes are prevalent. In response to queries by AQSL’s highest echelons, Gadahn supplies detailed suggestions for AQSL information warfare (i.e. ‘media’) strategy including a nuanced analysis of target audiences, messengers, messaging, and media.[8] He also produces a searing critique of certain affiliates and associates guilty of illicitly shedding Muslim blood. Though obviously frustrated by how this blood spilling subverts AQSL’s messaging strategy, Gadahn’s chief concern is moral and religious-legal. He boldly urges AQSL to formally disavow and disassociate from these groups’ illegal, sinful conduct, and ISSN 2334-3745 36 December 2014 PERSPECTIVES ON TERRORISM Volume 8, Issue 6 actually pens a model declaration. Analyses and commentary exist of Gadahn’s media-related operations, [9] ascent to a surprisingly senior position in AQSL,[10] and his vehement denunciation of intra-Muslim bloodshed.[11] Beyond noting this latter concern, however, to date no systematic analysis exists of Gadahn’s employment of fiqh al-jihad—that branch of Islamic jurisprudence regulating the lawful waging of jihad—to condemn or condone violence committed in the name of or in alleged sympathy with AQSL. Why focus on Gadahn’s employment of fiqh al-jihad? First, AQSL’s legitimation as a salafist vanguard is based in its insistence that it fully emulates the path of the righteous ancestors (al salaf al salih) striving and struggling in the path of Allah to raise Allah’s Word (jihad fi sabil Allah li I’la’ kalimat Allah), and that it does so by righteously adhering to the Divine shari’a. Gadahn’s letter provides decisive evidence, however, that he illicitly restricts the scope of fiqh al-jihad proscriptions and prescriptions to intra-Islamic bloodshed. By so doing he evades condemnation of, and often sanctions, other types of forbidden (haram) conduct including that associated with perpetrating mass casualty terrorist attacks against America and Americans. This finding is of particular relevance to United States Government (USG) personnel tasked with formulating strategy to disrupt, dismantle, and ultimately defeat this terrorist adversary.[12] Second, it is prudent to take Gadahn’s sharia-based justifications or condemnations of ‘jihadist’ terrorist actions very seriously: they are functionally-related to his current status as a high-visibility official AQSL spokesperson charged with inspiring, inciting, and mobilizing English-speaking and Arabic-fluent audiences to attack the ‘Zionist-Crusader’ alliance. Gadahn has appeared this past decade in over 42 videos produced by AQSL’s official media site al-Sahab (The Clouds). His sharia-based arguments and agitational propaganda have been prominently displayed in five of twelve issues of Al-Qaeda in the Arabian Peninsula’s (AQAP) English-language online magazine Inspire. Gadahn’s article, “Besiege Them: Practical Steps Toward the Liberation of Palestine and the Restoration of the Caliphate,” is the featured cover story in the Fall 2014 inaugural issue of Resurgence: AQSL’s brand new English-language publication targeting the Indian Sub- continent.[13] This analysis is organized as follows. First, a detailed exposition is provided of Gadahn’s sharia-based critique of affiliates’ conduct deemed by him to be in violation of Islamic law and involving the commission of major sins. Second, Gadahn’s conception of fiqh al-jihad is contextualized and contrasted with the comprehensive fiqh al-jihad-based critiques produced by religious scholars associated with a group of militant Islamist scholars that can be collectively labeled a “Corrections Current” (a term explained later in this discussion). [14] A key finding here is that Gadahn, unlike these scholars, illicitly truncates the application of fiqh al- jihad with the result that he demands sharia-compliance when criticizing intra-Islamist violence yet ignores sharia-compliance when targeting America and Americans. Third, reasons are considered for this incoherent application of fiqh al-jihad and attempted Islamic legalization of anti-American mass casualty terrorist attacks. The article concludes with implications for counter-AQSL strategy. Gadahn’s Shari’a Case Against Intentional Homicide Committed by Muslims Gadahn presents a shari’a-based critique of affiliates’ conduct deemed by him to be in violation of Islamic law and involving the commission of major sins. Qur’an, ahadith (traditions of the Prophet Muhammad), ijma (scholarly consensus), qiyas (analogical reasoning), and empirical history—major sources used by religious scholars to render religious opinions or verdicts (fatawa)—are introduced as evidence in support of his vehement request that AQSL openly disavow and disassociate from these murderous Muslims.[15] This request rests on the following three sub-arguments: ISSN 2334-3745 37 December 2014 PERSPECTIVES ON TERRORISM Volume 8, Issue 6 The Murderous Mujahidin Gadahn alleges that the Pakistani Taliban (Tehrik-i-Taliban Pakistan), Somalian Harakat al-Shabab al Mujahidin (aka: al-Shabab, ‘The Youth’), and the Islamic State of Iraq (ISI)[16] are guilty of the commission of major sins. This conclusion rests on two premises: that these groups commit intentional homicide; and that this spilling of Muslim blood is a major sin in Islam. Murderous Agents. First, Gadahn cites various facts that have been reported and corroborated by reliable sources, and representing a mere “drop from a flood.”[17] Fourteen bombings are cited responsible for the murder of hundreds of innocent Muslims, and maiming of thousands more. These attacks, designed to kill regime targets or tribal foes, were conducted in playgrounds, marketplaces, mosques, public thoroughfares, the University of Islamabad, a graduation ceremony for new medical doctors in Somalia, checkpoints, restaurants, and many places “crowded with pedestrians, residents, and shoppers.” As a direct consequence, these murderous Muslims turned everyday life into nightmarish scenarios, shattering lives and families, and supplanting Muslim security and sanctity with horrific carnage.[18] Second, Gadahn demonstrates the logical absurdity of two attempts by the culpable party to disassociate themselves from murderous conduct. In an attempt to deny responsibility for the murder of 70 Muslims and maiming of many others, the TTP’s Tariq ‘Azam and Wali al-Rahman Mehsud contacted the press and laid blame on the security contractor Blackwater. They also, Gadahn claims, “denied any relation between [the] Taliban Pakistan movement and Faisal Shahzad, who tried to blast Times Square in New