Book of Rebels

Rebels (bughāt) are those who oppose the ruler by rising against him, refusing obedience, or withholding a right that has become due from them, provided that: (1) they possess armed strength, (2) they have a plausible interpretive claim, and (3) they have a leader whom they obey. Some scholars add a fourth condition—that they appoint an imam of their own.

If a group merely professes Kharijite views—such as abandoning congregational prayers and declaring Muslims guilty of major sins to be unbelievers—but does not resort to fighting, they are left alone; if they do fight, they are treated as highway robbers.

The testimony of rebels and the judgments of their judge are admissible in any matter for which the rulings of our own judges are admissible, except when he has made our blood lawful. His written judgments take effect, and—according to the sound view—a judge may rule on the basis of his letter once the evidence has been heard.

Should the rebels carry out a ḥadd‐punishment, collect zakat, jizya, or land tax, and distribute the soldiers’ stipend among their troops, all of these acts are valid—though there is a contrary view regarding the last matter.

Whatever a rebel destroys that belongs to a loyalist, and whatever a loyalist destroys belonging to a rebel, must be compensated if it happens outside the field of battle; if it occurs during combat, there is no liability. According to another opinion, the rebel is always liable, and the mistaken interpreter who lacks armed force is likewise liable; the converse case is treated as an act of a rebel.

Rebels are not to be fought until a trustworthy, intelligent adviser is first dispatched to them to ask what grievances they harbor. If they mention a wrong done to them or a specious doubt, it must be removed. Should they persist, he counsels them and then gives notice of combat. If they request a delay, he exercises his discretion and does what he deems proper.

A rebel who flees, one who is grievously wounded, or one who is captured is not to be killed, nor is a prisoner to be released—even if he is a boy or a woman—until the fighting is over and their ranks have dispersed, unless they submit earlier.