Recommended
More Related Content
Recently uploaded
Recently uploaded (20)
Featured
Featured (20)
8. AL-BAGHYU 2020.pdf
- 1. AL-BAGHYU: REBELLION IN ISLAMIC LAW ASSOC. PROF. DR. MAJDAH ZAWAWI ISLAMIC LAW DEPARTMENT, AIKOL
- 2. Here’s what you’ll be learning today: 1. Definition of al-Baghyu; 2. The Legal Basis; 3. The Legal Elements; 4. Examples; 5. Evidentiary Requirements; 6. Punishments CONTENTS You can delete this slide when you’re done editing the presentation.
- 3. AL-BAGHYU LITERAL MEANING •• TO ACT IN A ZALIM/CRUEL MANNER SHAR’I DEFINITION •• TO DISOBEY AN AUTHORITY OR REBEL AGAINST A FAIR & JUST GOVERNMENT
- 4. BAGHA To claim Yabgha - zalim
- 6. TECHNICALDEFINITION •• AN ACT OF DEFIANCE •• AGAINST A RULER •• IN A FORCEFUL MANNER MALIKI JURISTS •• LEAVING ALLEGIANCE •• LAWFUL LEADER •• WITHOUT DUE CAUSE HANAFI JURISTS •• TRAITOR/INSURGENT/REBEL •• EVEN IF THE RULER IS AN UNFAIR RULER HANBALI JURISTS
- 7. GROUP RIDDAH TAKING ARMS VS GOVT ACTS CAUSING UNREST KHAWARIJ PROTESTING THROUGH VIOLENT MEANS
- 11. THE ;EGAL BASIS SURAH AL-HUJURAT(49): 9 “And if two parties of believers fight each other, verily work at making peace between them. If one party becomes zalim or unfair towards the other, verily fight against those who are zalim, until they return to obey Allah’s ordinance. If they have so returned, then make peace between them justly, and be fair (in all that you do). Verily Allah loves those who are fair.”
- 12. HADITH Hadith transmitted by An-Nasai’ from Usamah ibn Syarik, the holy Prophet Muhammad s.a.wmentioned, whoever leaves to break the my Ummah apart, cut off his head.
- 13. THE LEGAL ELEMENTS – Abdul Qadir Awdah No longer obeys the ruler – through acts of disloyalty – e.g. refusal to pay zakat Towards a lawful ruler/government – who promotes ma’ruf 02 01 By use of strength/force 03 With wrongful intention 04
- 14. 1. During the time of Saidina Abu Bakr – A group of rebels led by Musailamah refused to pay zakat
- 15. No valid reason, may or may not use force REBEL WITHOUT A CAUSE ARMLESS REBELS REBEL WITH A CAUSE With support and strength No support nor strength VIEW OF IMAM ABU HANIFAH, SHAFIE & AHMAD BIN HANBAL
- 16. IMAM SHAFIE He adds – the rebels must have been led by a leader who has control over all the rebels
- 17. CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon, and infographics & images by Freepik. Please keep this slide for attribution. 3. USE OF FORCE! 1. The Malikii, Shafie & Zahiri – the rebellion must start with the use of force; 2. Imam Abu Janifah – even the preparation of the rebellion e.g amassing weapons and recruiting people – could already be considered as al-baghyu.
- 18. 4. INTENTION TO COMMIT Intention to commit a crime By toppling a valid government That abides by the Shari’ah
- 19. The rebels can only be attacked IF they have taken arms and attacked, caused unrest and acts violently that leads to the safety of the citizens to be at stake THE EVIDENCES & STEPS
- 20. RESPONSIBILITIES OF THE IMAM WHEN FACED WITH AL-BAGHYU CANNOT ATTACK FIRST MAY ONLY REACT TO AN ATTACK (IMAM SHAFIE & MALIK) KILL IF THEY ARE VIOLENT OR APPREHEND PROVIDE OPTIONS TO SETTLE DISSATISFACTION MUHASABAH INVESTIGATE REASON FOR REBELLION MEET LEADER
- 21. ACTIONS ACTIONS ALLOWED FREEZE PROPERTY ONLY UNTIL THEY AGREE TO ALTERNATIVE MUSLIMS TO BE TREATED AS MUSLIMS MUST MEET AND DISCUSS WITH THEM FIRST AND TRY TO SETTLE PEACEFULLY GROUP RIDDAH MAY BE GIVEN THE DEATH PENALTY ONLY AFTER REFUSE OFFER OF PEACE
- 22. INGESTIGATE, NEGOTIATE, IF PERSIST & TAKE UP ARMS - ATTACK SOLUTION REBELS ATTACKING THE STATE & REFUSES TO ABIDE BY RULE OF A LEGITIMATE ISLAMIC GOVERNMENT PROBLEM