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Volume :21 Issue : 65 2006      Add To Cart                                                                    Download

“Rebellion” (البَغْي) in the Islamic Shari‘ah

Auther : Prof. . Mohamed Abdel Fattah Fayed.

 

 

1. Muslim scholars have differed in defining “rebellion”. This writer accepted the Maliki definition that “rebellion” is refraining from the obedience of the legal ruler, in other than sins, with the use of power even if there are justifications (تأويل). Revolt of one person is a “rebellion”. They made no difference between having or not having justification for the revolt, all are considered “rebellion”.

  

2. Scholars required a number of conditions for a revolt to be considered a “rebellion”:

 

A. Revolting against the legal ruler, refraining from obeying him and from implementing his orders enjoined upon the rebellious according to the Shari‘ah, whether they are related to the rights of God or the rights of the subjects.

 

B. The ruler must be applying justice.  Though this is a unanimous condition for the legitimacy of the ruler, they permit revolting against the unjust ruler unless in case of causing chaos (Fitnah) and greater damage. 

 

C.  The majority of scholars require justification, while Maliki scholars do not require this for a “rebellion.. 

 

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