شورش

Although the nature and works of Baghi are emerging in the law, they have been discussed in jurisprudence since the time of Sheikh Tusi under the Jihad book. Jurists have defined rebellion as an armed uprising against Imam Masoom (a.s.), and if the principles of rebellion are realized, it is obligatory to fight the rebels. However, in the current era, sometimes the rebellion against the Islamic rule takes place in completely soft and subversive ways. In the upcoming research, which is written with a descriptive-analytical method, in addition to the jurisprudential analysis of the concept of baghi and its comparison with political crime, the main focus is to answer the question whether by developing a section on the meaning and function of baghi, the mere expression of thoughts against the Islamic government is included. Is it a jurisprudential term or not? If such a claim is proven, it means that political criminals are considered gardeners. The findings of the research show that, firstly, it is an armed uprising that can be true both during the time of the infallible Imam and during the occultation; That is, if an armed rebellion takes place even against a righteous Imam who is not innocent, it will be subject to the sentence of sedition, and secondly, simply expressing opposing thoughts in letters or media, social networks such as Twitter, political statements, etc. in protest and criticism of the government as long as it does not lead to conflict is sedition. or not in its ruling

Revolution or insurrection as a social phenomenon has been the subject of international law in some respects. Although revolution and suppression of revolution is not prohibited in international law, in certain forms of government including those based on colonialism, occupation and apartheid, the people's uprising is recognized. An old and unstable stream is evident in the practice of some states as to the recognition of illegitimacy of governments breaching human rights and humanitarian laws and undemocratic governments. The revolutionist movement may be recognized as a belligerent, the representative of the people or a government in exile. In case of being premature and against de jure recognition of the central government, this recognition would be amounted to interference in internal affairs of the state. Becoming successful, the revolution would be faced with the subject of succession to international treaties, international debts and international responsibility. While less doubt exists regarding the succession of governments resulting from revolution to international treaties and international responsibility, there are different practices and views over the succession to international debts. In the event of unsuccessfulness of the revolution, international responsibility of revolutionists would not be transmitted to the central government on the ground of force majeure. In the revolutions occurred in the region called Islamic Awakening in countries such as Tunisia, Egypt, Libya, Bahrain, Syria and Yemen, there is no practice supportive of the doctrine of illegitimacy of undemocratic regimes. As with succession, only the practice of Libyan revolution in support of doctrine of no-obligation in odious debts could be seen..