nationalsecuritylaw forthcoming scholarship: Andrew March on Jihadi Fiqh and the Targeting of Civilians

February 2, 2011

* Forthcoming Scholarship

"Anwar Al-‘Awlaqi Against the Islamic Legal Tradition"

Yale Law School, Public Law Working Paper No. 217
Islamic Law and Law of the Muslim World Paper

ANDREW F. MARCH, Yale University
Email: andrew.march

In this paper I, examine the existing Islamic justifications for perfidious violence against one’s own state of citizenship, both when the target is a military one and when it is a civilian one. I show how the primary examples of such justifications, most notably in the case of the Yemeni-American Anwar al-‘Awlaqi, fail to address the consensus position in the Islamic legal tradition that it is impermissible to violate a contract of mutual security with a non-Muslim state of residence. I also discuss what the phenomenon of ‘Awlaqi says about the state of authority and knowledge in Islamic law and the relevance of Islamic jurisprudence for Muslim minorities.