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The Lawfare Podcast

The Lawfare Podcast: Andrew March on the Islamic Law of War

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.7 • 6.4K Ratings

🗓️ 15 May 2015

⏱️ 71 minutes

🧾️ Download transcript

Summary

For months, the world has been transfixed by the apparent brutality of the Islamic State's practices in war. The beheading of journalists, the burning of prisoners and the enslavement of religious minorities all seem like a return to a barbaric past. Certainly, these practices seem far removed from any notion of conduct constrained by law.

Islam, however, has a robust religious legal tradition, including on matters of war. So to better understand that tradition and its connection (or lack thereof) with the warfare of contemporary groups, including the Islamic State, we turned to Andrew March, Associate Professor of Political Science at Yale University. March is the author of Islam and Liberal Citizenship: The Search for an Overlapping Consensus as well as numerous scholarly and popular articles on Islamic political and legal thought. In the last few weeks, he has also published pieces in Foreign Affairs and on Brookings' own Markaz blog taking a closer look at the Islamic State and the ways it interprets, adjusts and applies traditional Islamic jurisprudence.

In this podcast, March discusses the Islamic law of war, both in the classical tradition and in the discourse and practice of contemporary states and non-state actors. In doing so, he walks us through some of this vast, complex tradition, and he warns Western governments that their interests are best served by staying out of the internal interpretive debates of religious communities.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

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become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:30.0

So the question of Muslims were citizens of non-Muslim countries,

0:36.0

whether they can engage in act of terrorism,

0:39.0

is not only treated at the level of whether you're a war with the country,

0:44.0

but also whether Muslims living peacefully as civilians

0:50.0

are violating an obligation not to engage in treacherous things.

0:54.0

There was a report that US troops even found within bin Laden's compound,

0:59.0

a statement that the guy who tried to blow up a car in time square

1:05.0

had actually acted immorally because he had just taken US citizenship

1:09.0

but apparently bin Laden actually expressed disagreement with the idea

1:15.0

that he could take American citizens to attend them directly engaged

1:18.0

in an act of possibility because he hadn't fact telegraphed to that state

1:23.0

that he was not a fat.

1:26.0

I'm Yusha Shwarz and this is the LawFair podcast May 16th, 2015.

1:32.0

Those pearls of wisdom you just heard were from Andrew March,

1:35.0

associate professor of political science at Yale University.

1:39.0

Professor March is the author of Islam and Liberal Citizenship,

...

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