Non-violent action in Islamic law

The rules of low, which are necessary for the continuity of social life help the states in maintaining order. With the change of living conditions and values in the process, the rules of law must be renewed and changed. The unchanging and legal rules can cause injustices while they were in the position of providing order in the past. In this case, individuals commit an act of civil disobedience by disobeying the existing law, which causes injustices to the higher law. Civil disobedience, which has an important role in the realization of justice and the acquisition of rights and freedoms, is nonviolent, open to the public, against injustices in the system and the violation or non-fulfillment of laws for the sake of the sublime values contained in legal values. Civil disobedience, which is effective in providing social order, stabilization and the development of civilizations, is shaped around loyalty to the law, moral values and sublime feelings. Although there are studies on this subject in political science, law, sociology and various similar fields, there is not enough work in basic Islamic sciences. In our research, it is aimed to fill this deficiency in the literature. Qualitative research methods such as comparison, analysis and synthesis were used during the study. In this study, civil disobedience will be discussed conceptually, the actions of people such as Henry David Thoreau, Gandhi, Martin Luther King, who pioneered the concept, and the views of theorists are presented. And also we tried to explain the civil disobedience in Islamic politics, individual-state relationship, right of opposition in Islam etc. The prominent historical figures in Islamic law such as Abū Dharr, Abū Hanīfah, Ahmad ibn Hanbal and al-Sarakhsī have been researched term of the concept of civil disobedience. As a result of our research, it has emerged that while civil disobedience occurred against the rules of law in the West, it was realized in practice and social life in Islamic politics.