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The issue of the oath of allegiance (bay'ah) between Abu Bakr al-Baghdadi (ISIS) and Ayman az-Zawahiri

 

The issue of the oath of allegiance (bay'ah) between Abu Bakr al-Baghdadi (ISIS) and Ayman az-Zawahiri

There are some people that are saying that al-Baghdadi (and ISIS) did not have bay'ah to al-Qa'idah/az-Zawahiri, and thus weren't obligated to listen to what AQ had to say with regards to the situation in ash-Shaam. And that al-Joulani (leader of Jabhat an-Nusrah) betrayed the bay'ah he had to al-Baghdadi when he didn't join ISIS.

This is incorrect due to various reasons:

1) When Dr Ayman az-Zawahiri released his statement back in November announcing that ISIS should be abolished and that al-Baghdadi should go back to Iraq, and that al-Joulani should stay in ash-Sham. This statement came with the words saying: “The shura' council of al-Qa'idah has decided 'X, Y, Z' with regards to X group”. “The council will decide if al-Baghdadi stays as an Amir or if someone else should be appointed”. “This is a judgment (Hukm) regarding this case”
(The audio clip can be found here:
‫الشيخ أيمن الظواهري يعلن إلغاء الدولة الإسلامية في العراق و الشام 08-11-2013‬‎ - YouTube )

Question: Is this words of someone that isn't the leader/amir of them? Or are these clear cut orders from a amir towards those under his command?

2) The official statement from al-Qaa'idah stating that ISIS has no relations to them.

A lot of people try to say with this statement: “Look, this is clear evidence that ISIS doesn't have bay'ah to AQ!”. But what these ignorant people doesn't seem to realize, the statement stated clearly that AQ issued orders (Amr) to ISIS to be abolished, but that they did not obey their orders!

Quote from the statement:
أولاً: تعلن جماعة قاعدة الجهاد أنها لا صلة لها بجماعة (الدولة الإسلامية في العراق والشام)، فلم تخطر بإنشائها، ولم تستأمر فيها ولم تستشر، ولم ترضها، بل أمرت بوقف العمل بها، ولذا فهي ليست فرعًا من جماعة قاعدة الجهاد، ولا تربطها بها علاقة تنظيمية، وليست الجماعة مسؤولة عن تصرفاتها.

Firstly: Jama'at Qaa'idat al-Jihad announces that it does not have any contact with the group “islamic state in iraq and shaam”, for we were not informed of it's creation, nor were they ordered to do this, nor were we counseled with regards to this, nor were we pleased it it, rather we ORDERED for it to stop its work, and thus – they are not a branch of al-Qa'idat al-Jihad group, and there are no organizational relationship with it, and al-Qa'idah are not responsible for their actions.
Arabic copy of the statement:
http://justpaste.it/ea9k
English summary of it: http://justpaste.it/translt

Question: Do AQ suddenly give out orders to other groups that doesn't have anything to do with them, or do they issue out orders to it's branches?

3) The shar'i judge of Jabhat an-Nusrah, Turky al-Ash'ari (who recently performed a self-sacrificial attack and many ISIS people still praise and respect) said answering a question:

Question: as-Salaamu 'Alaykum Shaykh, how do I answer those that say that Shaykh Abu Bakr al-Baghdadi did not give bay'ah to Shaykh Ayman az-Zawahiri. I don't have any evidence for this, if you have any then please share with us, I love you for the sake of Allah...

Answer: wa 'Alaykum as-Salaam, say to them: Turky al-Ash'ari says that Abu 'Ali al-Hamawi stated to me that Abu 'Ali al-Anbari said to him that we are Tandhim al-Qaa'idah and we have a bay'ah towards Ayman az-Zawhiri. Also he say, that Abu Sulaymaan al-Astraliy said that Abu Bakr al-Baghdadi said that Ayman as-Zawahiri is my Amir/leader. Also 'Uthmaan Al-Naazih affirmed this to me. Also, all of the mujahidin that came to Syria from Khurasaan told me that al-Baghdadi is under the command of Ayman az-Zawahiri.
(Source:
https://twitter.com/mj_azam/status/428603579314618368 )

4) The general shar'i leader of Jabhat an-Nusrah, Abu Maariya al-Qahtaani, confirmed that he has personally heard al-Baghdadi stating while saying wallahi, that he has a bay'ah to az-Zawahiri.
And this was in a sitting were al-Joulani was present and most of the members of ISISs council/shura, and that al-Baghdadi wouldn't make any decisions without first consulting his leaders in Khurasaaan. And Abu Maariya stated that he is willing to make mubahalah in regards to this.
(Source:
http://www.youtube.com/watch?v=W8Knoquq5kY )

If someone wants to say: “Well this is only what people outside of ISIS states, there's no proof that the leaders within ISIS has confirmed this!”
Then we say:

5) The general shar'i leader Abu Bakr Umar al-Qahtaaani of ISIS also admitted, that al-Baghdadi has a bay'ah to az-Zawahiri in a leaked recording.

Here he says that every mujahid within Jabhat an-Nusrah is obliged to give bay'ah to ISIS, and that he personally heard from Abu Bakr al-Baghdadi, that he swears by Allah, that everyone that gives bay'ah to ISIS and then Shaykh Ayman az-Zawahiri decides other wise, then their bay'ah is dissolved (i.e. the decision would rest with az-Zawahiri [this was before he released his statement abolishing ISIS])
(Source:
http://d.pr/a/maIb )

He also states that everyone has to follow what az-Zawahiri ordered, and whoever doesn't listen to him is a sinner/ 'aasi.
(source:
http://www.gulfup.com/?7ihvXP )

6) Abu Anas al-'Iraqi, the previous shar'i leader with ISIS in Aleppo, also confirmed in a leaked conversation with Abu Maariya al-Qahtaani al-Juboori (shar'i leader with JN), that ISIS is under the command of Ayman az-Zawahiri and the decision lies with him if ISIS should be abolished or not.

(Source:
http://www.gulfup.com/?E9H5Nc )

So here we have 2 main leaders with ISIS confirming that al-Baghdadi and ISIS were under the command of AQ/az-Zawahiri, but as we learned later, they refused to obey orders and thus AQ denounced them.

A argument that usually comes up then is:
“Well, there is clear cut audio and video tapes from Abu Hamza al-Muhajir (leader of AQ in Iraq) and az-Zawahiri himself, saying that the islamic state in iraq is independent from them, and this is clear cut proof that there isn't any bay'ah!”
The answer to this is:
Yes, that was the case before, but after the killing of Abu Hamza and Abu Umar al-Baghdadi (previous leader of the islamic state of iraq), then Abu Bakr al-Baghdadi (current leader of ISIS) decided to give bay'ah to al-Qaa'idah once again.

And Allah knows best.