Journal of Religion and Violence

ONLINE FIRST

published on August 21, 2015

Nathan S. French

An American TakfĪr?
Violence and Law at War

Throughout the ongoing U.S.-declared war against terrorism, and the various jihadi-salafi responses to the same, relatively few researchers have considered both parties’ usage of the law as a technique of exclusion for authorizing violence against those who may not otherwise be killed. By comparing the underlying logic of takfīr applied by jihadi-salafi authors such as Abū Muḥammad al-Maqdisī (b. 1959) to the legal calculus used by the Obama administration to legitimate its targeted killings of U.S. citizens Anwar al-ʿAwlaqī and Samīr Khān seemingly without trial, this article identifies and analyzes how the juridical logic of the administration and jihadi-salafis possesses similar reliance upon declarations of an imminent threat and violations of norms of humanity and belief, respectively. Such a realization, it concludes, allows for the possibility of exploring a co-implicative logic of violence to both and, second, the possibility for a critique of declared states of emergency upon which such exclusionary techniques depend.