in the language of the law it is particularly applied to injujiice,
namely, withdrawing from obedience to the rightful Imam, (as ap-
°f Pears *n_ tbe Faltahal- Kadeer.)— By the rightful Imam is underftood a
rightfullmdm. perfon in whom all the qualities eflential to magiftracy are united,
fuch as IJlamifm, freedom, fanity of intellect, and maturity of age,_
and who has been eledted into his office by any tribe of M uffulm ans,
with their general confent;— whofe view and intention is the advancement
of the true religion, and the ftrengthening of the Muffulmans,
and under whom the Muffulmans enjoy fecurity in perfon and pro-
perty; one who levies tithe and tribute-according to law;— who, out
of the public treafury, pays what is due to learned men, preachers,
Kdzecs, Mooftis, philofophers, public teachers, and fp f o r t h a n d who
is juft in all his dealings with Muffulmans: for whoever does not
anfwer this defcriptipn is npt the right Imam, whence .it is not incumbent
to fupport fuch a one, but rather it is incumbent to oppofe him,
and makp war upon him, until fuch time as he either adopt a proper
mode of conduft, or be flaiii; as is written in the Mddin-al-hihkdyek,
copied from the Fawdyed.
S f t I f J - lT is ^cumbent upon the Imdm to recal rebels to their allegiance,
reconcile re- 31111 what is riSht’ M | manner that the mifunder.
bels; ftanding which occafioned their defection may be removed;_becaufe
Alee thus conduced himfelf with refpeft to the people of Hirroo (a
diftrift in the territory of Koofa,) when they rebelled;— and alfo, becaufe
this mode of proceeding is eafier than force, and it is poffible
that this more eafy mode of proceeding may fucceed in removing the
evil, fo as to afford no occafion for more violent meafures:— it is
therefore requilite that they be recalled to their allegiance to the
Imam, and (hewn what is right,
refrain from T h e Imam muft not, however, negleCt more forcible meafures,
ifncceflkry! but $Sthe beSinninS of a« infurredtion may oppofe rebels by force of
arms, fufficient to quell them. Our author remarks that Kadooree
has
has thus afferted in his compendium: and Imdm Khdhir Z,dda lays
that our doctors hold it to be lawful for the Imam to begin by making
war upon them, where they are levying troops and collecting them-
felves together. Shafei maintains that it is not lawful to make war
upon rebels, until they commit a£ts of hoftility, becaufe it is not lawful
to kill Muffulmans but for the purpofe of repullion, and rebels are
Muffulmans:— contrary to the. cafe of tnfidels’, the commencing war
with whom is lawful, as their infidelity, (according to Shafei) legalizes
the putting them to death. The reafoning of our doctors is
that the propriety of commencing war upon rebels refts upon a cir-
cumftance which argues that they will commit hoftilities on their
part; and their levying troops, and collecting themfelves together,
and withdrawing themfelves from their obedience to the Imdm, are all
circumftances which argue an hoftile intention; for if the Imdm were
to wait until they had actually commenced hoftilities, it is likely that
he might afterwards,find the repulfion of them impracticable; it is
therefore highly requilite that he commence hoftilities againft them,
under any of the above circumftances, in order that their wickednefs
may be repelled.
Upojst the Imam being informed of rebels purchafing' arms and in-
ftruments of war, and preparing-for hoftilities,: he muft inftantly
fbize arid imprifon them, until they turn from their rebellion, and repent,
in order that their wickednefs may be (as far as is poffible)
repelled.
If the rebels, have a body of forces to which thofe who fly from
battle may join themfelves,. in. this .Cafe it ia< neCeffary, without-lofs
of time, to put to death all the wounded, and to purfue thofe who
fly, in order that they may-not join that, body, and that their wickednefs
may be repelled: but if the rebels have not a body of this kind in
refer.ve, their wounded muft not be flain, nor thofe of them pur-lued
who fly from battle, -as in.this cafe their wickednefs is repelled with-
* tVbt-o II, iv k out
The Imam
muft imprifon
malcontents
on the firft
appearance of
an infurrec-
tion.
Rule of cen-
du£l towards
rebels .where
they have a
force in re-
ferve.