Abstract:

In the Islamic law, there are some masters which are especially necessary to protect life for continuity and order. These are defined as the protection of life, generation, mind, property and religion. The protection of the fundamental rights and freedoms depends on the right of the duties to the supervision of these masters. This protection is an assurance and is the priority of the state. Therefore, the state moves with all its strength and takes all necessary measures to prevent the deterioration of the rise and order of society. The position of those who rebelled against the legitimate president is also a very important situation of resurrection and order. This situation is a criminal offence against political unity, which is expressed by the concept of "el-baki" as a fictional term, to the state, to the rulers, and in fact to all the people. If the crime is not prevented in the stage of formation and the rebellion begins, it is a fight against the fools/signors. According to this, the legitimate president of the state is obliged to appeal to the Muslims who are available to call for assistance against the rebels. But the rebels must act with responsibility during and after the rebellion because they are Muslims. Therefore, fighting with the rebels and killing them is a force used to suppress the rebellion while being considered to be lawful. After the rebellion is completely suppressed, the rebels’ wounded, prisoners, family members and property are treated with this understanding. In this article, it is intended to investigate the crime and punishment according to the Hanefi mosque.

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