Jurisprudence and Government (book): Difference between revisions
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# The government does not fulfil its duties towards the people (pp. 182-177). | # The government does not fulfil its duties towards the people (pp. 182-177). | ||
===Jurisprudential Investigation of | ===Jurisprudential Investigation of Baghy (rebels) and its Relationship with Civil Disobedience=== | ||
In this article, Mahdi Pourhossein has first stated two meanings of [[Baghi]] (rebels) in the words of jurists. According to jurists including [[Shaykh Tusi|Sheikh Tousi]], [[Ibn Idris al-Hilli|Ibn Idris]] and [[Allamah al-Hilli|Allameh Helli]], a rebel is someone who revolts against the government. According to [[Allamah al-Hilli|Allameh Helli]], the [[Zayn al-Din al-Juba'i al'Amili|Shahid Sani]] and the writer of [[Jawaher al-Kalam|Jawaher Al-Kalam]], "departing from obedience to the Imam" means a rebel, and thus [[civil disobedience]] to the view of these three jurists is a rebellion, because [[civil disobedience]] is the same as leaving the Imam's obedience. (p. 193). | In this article, Mahdi Pourhossein has first stated two meanings of [[Baghi|Baghy]] (rebels) in the words of jurists. According to jurists including [[Shaykh Tusi|Sheikh Tousi]], [[Ibn Idris al-Hilli|Ibn Idris]] and [[Allamah al-Hilli|Allameh Helli]], a rebel is someone who revolts against the government. According to [[Allamah al-Hilli|Allameh Helli]], the [[Zayn al-Din al-Juba'i al'Amili|Shahid Sani]] and the writer of [[Jawaher al-Kalam|Jawaher Al-Kalam]], "departing from obedience to the Imam" means a rebel, and thus [[civil disobedience]] to the view of these three jurists is a rebellion, because [[civil disobedience]] is the same as leaving the Imam's obedience. (p. 193). | ||
However, Pourhossein has clarified that even the jurists who consider [[civil disobedience]] as rebellion have set three conditions for it: | However, Pourhossein has clarified that even the jurists who consider [[civil disobedience]] as rebellion have set three conditions for it: | ||
# Rebels must have a numerical plurality (according to this, [[Abd al-Rahman ibn Muljam|Abd al-Rahman bin Muljam]] is not a rebel). | # Rebels must have a numerical plurality (according to this, [[Abd al-Rahman ibn Muljam|Abd al-Rahman bin Muljam]] is not a rebel). | ||
# The rebels must have left the government's authority and the government should not have control over them. | # The rebels must have left the government's authority and the government should not have control over them. | ||
# They should have political justification. | # They should have political justification. | ||
Pourhossein finally concluded that [[civil disobedience]], non-violent acts and even rebellion, if not with the intention of overthrowing the government, are not considered rebellion (p. 196-194). Against the rebels, peaceful ways should be used at first, and in case of failure, the Muslim ruler does not have the right to start the war and the rebels must start the war (p. 204) and, in addition, the rule of the [[Baghi]] (rebels) is to fight not to kill (p. 201). | Pourhossein finally concluded that [[civil disobedience]], non-violent acts and even rebellion, if not with the intention of overthrowing the government, are not considered rebellion (p. 196-194). Against the rebels, peaceful ways should be used at first, and in case of failure, the Muslim ruler does not have the right to start the war and the rebels must start the war (p. 204) and, in addition, the rule of the [[Baghi|Baghy]] (rebels) is to fight not to kill (p. 201). | ||
==The Place of the People in the Islamic Government== | ==The Place of the People in the Islamic Government== | ||