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Baghy: Difference between revisions
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*The bad or reprehensible baghy which is to move from the right to the wrong or to doubtful actions. | *The bad or reprehensible baghy which is to move from the right to the wrong or to doubtful actions. | ||
"Baghy" and its cognates appear ninety six times in the [[Qur'an]]. In the Qur'an, the word is mostly used in its negative sense. In Islamic [[jurisprudence]], the word is used to mean "the exit from the obedience of the right and just Imam" in accordance to the [[Qur'an 49]] | "Baghy" and its cognates appear ninety six times in the [[Qur'an]]. In the Qur'an, the word is mostly used in its negative sense. In Islamic [[jurisprudence]], the word is used to mean "the exit from the obedience of the right and just Imam" in accordance to the verse nine of the [[Qur'an 49]] | ||
In [[hadith]]s, "baghy" is used to mean the infringement of the limits, deviation from the right, injustice, arrogance, and the like. In books of Islamic [[ethics]], it is sometimes used to mean the "disobedience of someone whose obedience is obligatory." | In [[hadith]]s, "baghy" is used to mean the infringement of the limits, deviation from the right, injustice, arrogance, and the like. In books of Islamic [[ethics]], it is sometimes used to mean the "disobedience of someone whose obedience is obligatory." | ||
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===Sunni Jurisprudential Views=== | ===Sunni Jurisprudential Views=== | ||
Some [[Hanafi]]s deny the reprehensible sense of baghy and take it to consist in the rebellion of a group of right people in accordance with their own ijtihad. The same meaning is attributed by [[al-Shaykh al-Tusi]] to [[Shafi'i]]s. [[Salihi Najafabadi]] takes this to be a justification or exoneration of those of the [[companions]] who fought Imam Ali (a) in the battles of [[battle of Jamal|Jamal]] and [[battle of Siffin|Siffin]]. Sometimes baghis are merely identified with [[Khawarij]]. While some Hanafis define baghy as the disobedience of the Imam, [[Maliki]]s and Shafi'is take baghy to include the refusal from paying the shares of the Imam. For example, Shafi'i takes the war against those who refuse to pay their zakat as a war against baghis. According to the [[Mu'tazila]], baghis are merely vice (fasiq), and they agree with the [[Imamiyya]] over the reprehensible sense of baghy. According to al-Shaykh al-Tusi, [[Abu Hanifa]] and some Hanafis and Shafi'is agree with the Imami viewpoint on baghy. | Some [[Hanafi]]s deny the reprehensible sense of baghy and take it to consist in the rebellion of a group of right people in accordance with their own ijtihad. The same meaning is attributed by [[al-Shaykh al-Tusi]] to [[Shafi'i]]s. [[Salihi Najafabadi]] takes this to be a justification or exoneration of those of the [[companions]] who fought Imam Ali (a) in the battles of [[battle of Jamal|Jamal]] and [[battle of Siffin|Siffin]]. Sometimes baghis are merely identified with [[Khawarij]]. While some Hanafis define baghy as the disobedience of the Imam, [[Maliki]]s and Shafi'is take baghy to include the refusal from paying the shares of the Imam. For example, Shafi'i takes the war against those who refuse to pay their [[zakat]] as a war against baghis. According to the [[Mu'tazila]], baghis are merely vice (fasiq), and they agree with the [[Imamiyya]] over the reprehensible sense of baghy. According to al-Shaykh al-Tusi, [[Abu Hanifa]] and some Hanafis and Shafi'is agree with the Imami viewpoint on baghy. | ||
According to [[Sunni]] [[jurists]], except Hanafis, the war against baghis is only intended to oppress or stop their rebellion. Thus, their captives are not killed and their fugitives are not chased. However, their possessions are confiscated by the Imam as long as they remain baghis. Baghis are not charged to recompense things they destroy or the people they kill in the war. On one account, Abu Hanifa and Shafi'i believe that they are charged. However, according to all Sunni schools of [[jurisprudence]], if baghis destroy something or kill someone before the war or after their defeat, then they will be charged. There is a disagreement among these schools as to whether [[hadd]]s are executed for baghis if they commit | According to [[Sunni]] [[jurists]], except Hanafis, the war against baghis is only intended to oppress or stop their rebellion. Thus, their captives are not killed and their fugitives are not chased. However, their possessions are confiscated by the Imam as long as they remain baghis. Baghis are not charged to recompense things they destroy or the people they kill in the war. On one account, Abu Hanifa and Shafi'i believe that they are charged. However, according to all Sunni schools of [[jurisprudence]], if baghis destroy something or kill someone before the war or after their defeat, then they will be charged. There is a disagreement among these schools as to whether [[hadd]]s are executed for baghis if they commit [[sin]]s that require hadd. | ||
===The Imami View=== | ===The Imami View=== | ||
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Those who have an organized group, such as people of [[Siffin]]. In this case, it is permissible to kill the injured and chase the fugitives. | Those who have an organized group, such as people of [[Siffin]]. In this case, it is permissible to kill the injured and chase the fugitives. | ||
In either case, their children are not captivated. And if they abandon the war or throw away their weapons, it will be forbidden to fight them unless they return to their groups. Baghi captives will be imprisoned and will not be killed. The Imam can ask [[Dhimmi]]s to help him fight the baghis. And if they join | In either case, their children are not captivated. And if they abandon the war or throw away their weapons, it will be [[forbidden]] to fight them unless they return to their groups. Baghi captives will be imprisoned and will not be killed. The Imam can ask [[Dhimmi]]s to help him fight the baghis. And if they join baghis, they will exit from the conditions of dhimma. There is a disagreement over the possessions and property of baghis after the battle. Some people believe that it is not permissible to capture their possessions and treat them as [[booties]], and so their possessions should be returned to them after the war. However, [[al-Tusi]] in his ''[[al-Khilaf]]'' and [[al-Muhaqqiq al-Hilli]] have appealed to the practice of Imam Ali (a) in the Battle of Jamal when he permitted booties and then returned them to show that it is permissible to capture booties in wars against baghis. | ||
==Conditions of Baghy== | ==Conditions of Baghy== | ||
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==Do Baghis Count as Believers or Unbelievers?== | ==Do Baghis Count as Believers or Unbelievers?== | ||
Baghis do not count as unbelievers merely in virtue of their baghy. Al-Tusi claims that some Imami [[jurist]]s treat baghis as unbelievers. In his ''[[Tajrid al-i'tiqad]]'', [[ | Baghis do not count as unbelievers merely in virtue of their baghy. Al-Tusi claims that some Imami [[jurist]]s treat baghis as unbelievers. In his ''[[Tajrid al-i'tiqad]]'', [[Nasir al-Din al-Tusi]] believes that those who waged wars against Imam Ali (a) count as unbelievers, while he takes the Imam's opponents (who do not wage a war) only as vice (fasiq). However, Malikis take baghis to count as vice. | ||
==Difference between Baghy and Muharaba== | ==Difference between Baghy and Muharaba== | ||
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*Muharaba counts as a crime in Islamic [[jurisprudence]], while baghy does not, | *Muharaba counts as a crime in Islamic [[jurisprudence]], while baghy does not, | ||
*In jurisprudence, there is no hadd for baghy, while a particular hadd is specified for muharaba, | *In jurisprudence, there is no hadd for baghy, while a particular [[hadd]] is specified for muharaba, | ||
If baghis are believed to be | If baghis are believed to be [[unbeliever]]s, then the rulings of killed baghis and killed muharibs will be different. | ||
==References== | ==References== | ||