چالش های میان بغی فقهی و قانونی

The legislator recognized Baghi as a crime in Islamic Penal Code of 2013 for first time. According to Article 287 of this code, Baghi means armed rebellion against the basis of Islamic Republic of Iran system. Although the Baghi is a new legal topic, it’s a well known subject matter in jurisprudence. the rules regarding to Baghi have been expressed in jurisprudence since a long time ago. Jurisconsults have defined the Baghi as rebellion against innocent Imam and under some conditions have considered it obligatory to fight. This research compares the provisions of Baghi in jurisprudence and penal code and proves that these are two different terms. Actually there are significant differences between the two concepts. The juridical Baghi is related to Jihad and it is not criminalized independently but the legal Baghi is a crime and is punishable by death penalty. Therefore, it is necessary to revise and amend the provisions of the Islamic Penal Code regarding to Baghi based on its jurisprudential principles.