جرائم البغاة بين الفقه الاسلامي والقانون الوضعي

Abstract

The study on crimes of mutineers is summarized between Islamic law and positive law. This crime is a political that has led to unrest and sedition in ancient times to date, aimed at destabilizing the political system and, in particular, isolate of the governor. In order to clarify, simplify and explain this term, we have divided this research into an introduction and two topics. The first topic: It includes the definition of a mutiny in Islamic law , the broader definition of a mutiny in Islamic law is: don’t agree Imam provisions ,in Arabic we named Moghalaba (by force), and in law: crimes against the organization and its conduct, although the positive laws did not reach a comprehensive definition that prevented it, as we dealt with the pillars of the mutiny in shariaand law. In doing so, we see the superiority and accuracy of Islamic law in identifying the mutiny (political crime) and distinguishing it from other ordinary crimes. The second topic: I referred to the provisions of mutiny and the punishment for this crime. In doing so, we see the primacy of Islamic law over positive legislation in the field of political criminality and the treatment of mutineers, followed by a conclusion that included the most important findings.