THE CRIME OF REBEL ACCORDING TO THE HANEFI SECT (Al-BAGY)
HANEFİ MEZHEBİNE GÖRE İSYAN SUÇU (BAĞY)

Author : Mustafa GENÇ
Number of pages : 699-712

Abstract

For continuity of life’s peace and harmony, there are some necessary affairs in Islamic Law. These are determinate as protection of life, progeny, mind, property and religion. Protection of basic rights and freedoms and execution duties properly depend on to be supervised of these affairs. This protection and supervising are primary mission and responsibility of the government. For this reason; the government is mobilized with all forces and takes all precautions in a different expression to protect peace and harmony. Rebels of rightful president of government is the important thing which ruin the peace and harmony. This situation as a fiqh term in a word “al-baghy” is a rebel against the unity and harmful crime for government, governors and primarily community. This crime can not be avoided at the stage of formation and if rebellion starts counteract baghis/rebels is a jihad. For this reason accepting official call of president for help against rebels is fardh for all Muslim that can be convenient. On the other hand it is necessary to be careful and acting with sense of responsibility in the rebellion because of the rebels are Muslim. With acceptance of halal fighting with rebels and killing them, only the required power must be used in fight. After the rebellion is suppressed, the wounded of the rebels, their captive, family members and property are treated with this understanding. In this article, it is aimed to examine the crime and punishment of bagy according to the Hanefi sect.

Keywords

al-Baghy, al-Baghi, Hanefi Sect, Rebel, Rebellious, Crime, Political Crime, President

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