An Introduction to the Issue of Rebellion (Baghy) in Islam and Iranian Law: A Comparative Study in Jurisprudential Schools

Abstract

Rebellion (Baghy) is defined as the act of transgressing and violating the rights of others and uprising against the legitimate Imam and Islamic ruler. In the 2013 Islamic Penal Code of Iran, it has been criminalized as a Hudud offense, and Articles 287 and 288 prescribe the death penalty for it, with discretionary imprisonment under certain conditions. The legislative action to criminalize rebellion and prescribe the death penalty has raised significant challenges regarding the nature and legal provisions of this offense. The present article aims to analyze the nature of this offense in Islam concerning its classification as a Hudud or discretionary (Ta'zir) offense, its public or political nature, its absolute or conditional status, and whether it is organized or not. Furthermore, it examines the extent to which the legal provisions of rebellion align with the criteria and standards of Islamic jurisprudence. A comparative study is conducted within the frameworks of Imami jurisprudence, Sunni jurisprudence, and Iranian law, with particular attention to the period of occultation (Ghaybah).