Comment: Anwar al-Awlaki’s killing is unjustified

Barack Obama’s administration and lawmakers may cheer the killing of US-born cleric Anwar al-Awlaki. But this is not how legal scholars, libertarians and millions of Muslims feel.

Al-Awlaki, born in New Mexico on 22 April 1971, was an American Islamic scholar who was an engineer and educator by training. He was killed in a drone attack in a remote Yemeni town on 30 September 2011 by US forces.

To some, he is a Muslim hero, a mujahid (fighter for the sake of Allah) and a great Islamic scholar. His lectures have inspired hundreds of followers. One reason why many people admired him was that he was talented in delivering Islamic lectures in fluent English. This made him famous not only in US and Europe, but also in the Maldives.

There are only few Maldivians who agree with US government officials’ allegations against al-Awlaki. According to US president Obama, he was the leader of external operations for the Islamist militant group al-Qaeda in the Arabian Peninsula, a statement which many Maldivians openly deny.

“The death of Awlaki is a major blow to Al-Qaeda’s most active operational affiliate,” said Obama after the drone attack. “He took the lead in planning and directing efforts to murder innocent Americans … and he repeatedly called on individuals in the United States and around the globe to kill innocent men, women and children to advance a murderous agenda.”

According to US officials al-Awlaki allegedly preached to a number of al-Qaeda members and affiliates. Among them were three of September 11 hijackers, alleged “Christmas Day bomber” Umar Farouk Abdulmutallab, and alleged Fort Hood shooter Nidal Malik Hasan.

US government has made a list of allegations against al-Awlaki, but none of these allegations was ever made in court.

Al-Awlaki was an American citizen. The Fifth Amendment to the US Constitution explicitly guarantees the right to life of American citizens in the absence of due process of law to determine when to withdraw that right. The Fifth Amendment stipulates that no citizen shall be “deprived of life, liberty, or property, without due process of law”.

Article 11(a) of the Universal Declaration of Human Rights states, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence”.

But al-Awlaki was executed without any charges, without a trial or without giving any chance to defend. Even Oklahoma City bomber Timothy McVeigh was given his constitutional rights before his execution. This raises questions about the legal authority under which the US government can target its own citizens for assassination.

Al-Awlaki’s father Nasser al-Awlaki has publicly announced his son’s innocence.
“I am now afraid of what they will do with my son,” he said speaking to CNN earlier. “He’s not Osama bin Laden, they want to make something out of him that he’s not.”
“He has been wrongly accused, it’s unbelievable. He lived his life in America; he’s an all-American boy”.

US officials have continuously accused al-Awlaki for preaching radical Islam, which gives endorsement for Jihad (struggle) and violence. This inspired new recruits to Islamist militancy, especially though internet (YouTube), according to US officials. His videos were removed from YouTube on 3 November 2010.

This is the only evidence which the US government has presented to the media against al-Awlaki in order to prove he is a radical, an extremist and a terrorist.

If this is the case, the US may label not only al-Awlaki but other Islamic scholars in future for giving “radical” sermons, because sermons are based on the verses from Quran and Hadith of prophet Muhammed (pbuh).

In Quran, there are nearly 41 verses which speak about Jihad, and many more verses against Jews and Christians.

For example, Quran 4:89: “They wish that you reject Faith, as they have rejected (Faith), and thus that you all become equal (like one another). So take not Auliya’ (protectors or friends) from them, till they emigrate in the Way of Allah (to Muhammad pbuh). But if they turn back (from Islam), take (hold) of them and kill them wherever you find them, and take neither Auliya’ (protectors or friends) nor helpers from them”.

Similarly, Quran 2:191: “And kill them wherever you find them, and turn them out from where they have turned you out. And Al-Fitnah is worse than killing. And fight not with them at Al-Masjid-al-Haram (the sanctuary at Makkah), unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers”.

Al-Awlaki’s story has told the world today that US government is the judge, jury and executor of all Muslims.

Ibrahim Mohamed is a Parliamentary Reporter at the Peoples Majlis of the Maldives.

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