I heard an interesting discussion. It seems a group of clerics (it takes a specific number to formally issue fatwa) considered taking such a step against Bin Laden and chose not to.
The charge against included: Causing children to be orphaned, the indiscrimanent killing of women and children, the killing of old people, the killing of men without judgement against them for specific acts made by them and outside of battle, the destruction of buildings outside of battle, the destruction of trees with green leafs outside the expectations of battle. All these are expressly forbidden.
The chose to not issue a fatwa to avoid yet another schism in the faith - to avoid the appearance that they were siding with the West and to avoid the label of heretic applied by Bin Laden and his cadres - which would leave them open to assault by "the faithfull".
Thanks for posting this, Troll -
Pete