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'''Baghy''' (Arabic: {{ia|البغي}}) (lit: trespass) is the riot or rebellion against the [[Imam]] or the Islamic ruler. Prominent examples of baghy are battles of [[battle of Jamal|Jamal]], [[battle of Siffin|Siffin]], and [[battle of Nahrawan|Nahrawan]] during the government of [[Imam Ali (a)]]. There are disagreements among Islamic denominations over the details of baghy. For baghy to obtain, some conditions must hold: one's parting from the Imam is because of doubts, one is so powerful that there is no way other than fight, and one is outside the territories in which the Imam has the authority. The agent of baghy is called "baghi". | '''Baghy''' (Arabic: {{ia|البغي}}) (lit: '''trespass''') is the riot or rebellion against the [[Imam]] or the Islamic ruler. Prominent examples of baghy are battles of [[battle of Jamal|Jamal]], [[battle of Siffin|Siffin]], and [[battle of Nahrawan|Nahrawan]] during the government of [[Imam Ali (a)]]. There are disagreements among Islamic denominations over the details of baghy. For baghy to obtain, some conditions must hold: one's parting from the Imam is because of doubts, one is so powerful that there is no way other than fight, and one is outside the territories in which the Imam has the authority. The agent of baghy is called "baghi". | ||
There are two classes of baghis: those who have a brigade and those who do not. After the battle, the two classes are treated differently. There is a disagreement over whether baghis count as [[unbeliever]]s (kafir) or just vice (fasiq). An Islamic ruler first advise the baghis to stop their rebellion, and if they do not listen, he will fight them. Baghy is different from [[muharaba]]. | There are two classes of baghis: those who have a brigade and those who do not. After the battle, the two classes are treated differently. There is a disagreement over whether baghis count as [[unbeliever]]s (kafir) or just vice (fasiq). An Islamic ruler first advise the baghis to stop their rebellion, and if they do not listen, he will fight them. Baghy is different from [[muharaba]]. | ||
==The Concept== | ==The Concept== | ||
The main meanings of "baghy" are said to consist in request, [[jealousy]], and [[arrogance]]. | The main meanings of "baghy" are said to consist in request, [[jealousy]], and [[arrogance]]. Al-Raghib al-Isfahani has classified "baghy" into two types: | ||
*The good or admirable baghy which is to move from justice to beneficence and from [[obligatory]] to [[recommended]] actions, | *The good or admirable baghy which is to move from justice to beneficence and from [[obligatory]] to [[recommended]] actions, | ||
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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 verse nine of 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." | |||
In some hadiths, particularly in ''[[Nahj al-balagha]]'', the word, "baghy," and its cognates are used to mean the disobedience of the [[Imam]] or the Islamic ruler. In a letter to [[Mu'awiya]], | In some hadiths, particularly in ''[[Nahj al-balagha]]'', the word, "baghy," and its cognates are used to mean the disobedience of the [[Imam]] or the Islamic ruler. In a letter to [[Mu'awiya]], Imam Ali (a) used "baghy." There is a well-known hadith from the [[Prophet (s)]] that says, "Ammar will be murdered by the baghi group." | ||
==Jurisprudential Rulings== | ==Jurisprudential Rulings== | ||
According to jurisprudential sources, those who waged wars during the [[caliphate]] of | According to jurisprudential sources, those who waged wars during the [[caliphate]] of Imam Ali (a), particularly [[Khawarij]], count as "baghis." In Islamic [[jurisprudence]], "baghy" is used as a particular jurisprudential jargon. Muslim [[jurists]] cite the verse nine of Qur'an 49 to define "baghy" as a rebellion or uprising against the Imam or the legitimate ruler. | ||
"And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses [baghy] until it returns to the ordinance of Allah." | "And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses [baghy] until it returns to the ordinance of Allah." | ||
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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 [[sin]]s that require hadd. | 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. | ||
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*Being so powerful that they cannot be pushed back except by war | *Being so powerful that they cannot be pushed back except by war | ||
*Rebellion against the [[infallible Imam]]. [[Kashif al-Ghita']] considers rebellion against [[Special Deputyship|Special]] | *Rebellion against the [[infallible Imam]]. [[Kashif al-Ghita']] considers rebellion against general or [[Special Deputyship|Special deputies]] of the Imam. | ||
Kashif al-Ghita' adds two more conditions: | Kashif al-Ghita' adds two more conditions: | ||
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===War:=== | ===War:=== | ||
If the baghis do not listen to the advice and insist on their rebellion, then it is obligatory for the Imam to fight them. [[Al-Shaykh al-Tusi]] and [[al-Allama al-Hilli]] claim that there is a consensus over this ruling. | If the baghis do not listen to the advice and insist on their rebellion, then it is obligatory for the Imam to fight them. [[Al-Shaykh al-Tusi]] and [[al-Allama al-Hilli]] claim that there is a [[Ijma'|consensus]] over this ruling. | ||
===After the war:=== | ===After the war:=== | ||
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'''Recompense of wasted property:''' baghis are charged to recompense wasted property and lost lives. However, the Imam's army is not charged to recompense wasted property and lost lives of the baghis. | '''Recompense of wasted property:''' baghis are charged to recompense wasted property and lost lives. However, the Imam's army is not charged to recompense wasted property and lost lives of the baghis. | ||
'''Capturing the booties:''' some jurists believe that it is not permissible to capture the baghis' possessions as booties and that their property must be returned to them after the war. However, [[al-Shaykh al-Tusi]] in his ''[[al-Khilaf]]'' and [[al-Muhaqqiq al-Hilli]] believe that it is permissible to capture their property as booties of the war. | '''Capturing the booties:''' some [[Mujtahid|jurists]] believe that it is not permissible to capture the baghis' possessions as booties and that their property must be returned to them after the war. However, [[al-Shaykh al-Tusi]] in his ''[[al-Khilaf]]'' and [[al-Muhaqqiq al-Hilli]] believe that it is permissible to capture their property as booties of the war. | ||
'''Women and children:''' women and children of baghis must not be captivated. | '''Women and children:''' women and children of baghis must not be captivated. | ||
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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 | Baghis do not count as unbelievers merely in virtue of their baghy. Al-Tusi claims that some Imami jurists treat baghis as unbelievers. In his ''[[Tajrid al-i'tiqad]]'', [[Nasir al-Din al-Tusi]] believes that those who waged wars against [[Imam 'Ali b. Abi Talib (a)|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== | ||