Senior Al-Qaeda In Islamic Maghreb (AQIM) Member: Algerian Constitution Violates Shari’a By Mandating Equality Between Citizens; ‘Apostate’ Algerian Rulers Dismiss Islamic Rulings On Treatment Of Christians And Jews

On November 8, 2024, the Al-Andalus Foundation, the official media arm of Al-Qaeda in the Islamic Maghreb (AQIM), released[1] the 11th episode of its video series “Enlightening the Minds about the Apostasy of Algeria’s Rulers,” featuring a 13-minute audio message in Arabic from senior AQIM member Abu Yasir Al-Jaza’iri, along with a five-page transcript. The media group mentioned that the episode was supposed to precede the previous one, released[2] on September 18, and apologized to the viewers. The message discusses the prohibition to equate “unbelievers” with “believers,” i.e., non-Muslims with Muslims.

Algerian Constitution Violates Shari’a By Mandating Equality Between Citizens

Al-Jaza’iri claims that Algeria’s constitution violates the above principle by mandating equality before the law for all citizens and committing to the guarantee of equal rights and obligations across political, economic, social, and cultural spheres. He argues that these constitutional provisions lead to the rejection of shari’a-based punishments, including execution for “apostasy,” reinforced by the constitution’s prohibition on violating human dignity and engaging in physical or mental violence. He further asserts that Algeria’s “terror law” is rooted in these principles.

The senior AQIM member cites another constitutional article that guarantees the freedom of belief and opinion, which he claims was the basis for a 2006 presidential decree by former Algerian President Abdelaziz Bouteflika concerning non-Muslim “worship rituals” in Algeria. Al-Jaza’iri argues that this principle was included following pressure from “Christian countries,” including the U.S. and European nations. However, he contends that it did not meet the “required level” for the U.S., which still believed Algeria restricted religious freedoms.

Referring to the 20th-century Movement for the Triumph of Democratic Liberties, whose supporters were central to the Algerian War of Independence between 1954 and 1962, Al-Jaza’iri accuses the movement of promoting the “false belief” in equality between Muslims and non-Muslims. He argues that the movement prioritized an anti-colonial struggle against France over a religious war against “Crusaders,” and sought to include non-Muslim Algerians in its efforts.

‘Apostate’ Algerian Rulers Dismiss Religious Rulings On Treatment Of Christians And Jews

To support his argument, Al-Jaza’iri cites rules established during the time of ‘Umar bin Al-Khattab, the second Islamic caliph, regarding the rights and obligations of dhimmis—non-Muslims living under Islamic rule, primarily Christians and Jews. He also references rulings by Muslim scholars throughout history on the treatment of Christians and Jews—”People of the Book”—quoting two excerpts from works by the 14th-century scholars Ibn Al-Qayyim and Ibn Taymiyya.

Al-Jaza’iri concludes: “The unbeliever French enemy stopped the adherence to dhimmi rulings and other Islamic laws when it occupied the country in…1830, and the apostate rulers have continued along this path since its departure in 1962.”

An August 30 audio message by Al-Jaza’iri urged Algerian Muslims to abandon the path of democracy in favor of Islam and to declare jihad against the “apostate” government.[3]