The fact is Mu'awiya and his party had refused to give baya...
The fact is Mu'awiya and his party had refused to give baya to Imam Ali (as) and were defiantly opposing him. Is this not evidence of transgression, opposing the Khalifa of the time? Whilst his Nasibi leanings make it impossible to speak the truth we shall delve in to the matter to determine the Ahl'ul Sunnah definitions of a baghi. Defining baghi (rebell) Durre Mukhtar page 113: "Baghi is one who indulges in an act that is not halaal. A baghi is one who opposes Imam-e-Haqqa".
al-Nasa'ih al-Kaafiyah page 16 "Baghi is one who refuses to obey Imam-e-Haqq and opposes him". The late scholar Sayyid Abu'l Ala Maudoodi in his 'Tafhim ul Qur'an' Volume 5 page 80 collates the opinions of the Ahl'ul Sunnah ulama about a 'baghi'. He writes: "Ibne Khumman in Hidaya's commentary Fathul Qadir states that the scholars have declared that a baghi is he who disobeys the rightful Imam. Imam Shafii in Kitab ul-Umm states 'Baghi' is he who fights the Adil Imam.
Imam Malik declared that it is a duty to fight those who oppose the 'Adil Imam [al Mudawanna]". Mu'awiya became baghi because he fought Imam 'Ali (as) Tuhfa Ithna Ashariyyah page 181 Chapter 7 "Anyone who knows Farsi and school child who read Jami Aqaid Ahl'ul Sunnah should know there's a jamaah that from Ali's khilfath up to Sulh Hasan Mu'awiya was a baghi because he didn't give bayya or obey the Rightful Imam" Sharh al Maqasid page 306: "The aqeedah in Ahl'ul Sunnah is that the first baghi in Islam was Mu'awiya" Hidaya Page 134, Volume 3: "Being a Judge under a Zaalim King is [permissible in the same way that one is appointed as a Judge under an Adil Imam, for example the Sahaba were Judges under Mu'awiya Zaalim even though the truth was with 'Ali" Naylul Autar page 187 Volume 7: "In hadith it is proven that Hadhrath 'Ali was on the path of truth and Mu'awiya and his companions were on falsehood.
Only a stubborn person will deny this". al-Nasa'ih al-Kaafiyah page 22: "Mu'awiya and his companions are baghis without a doubt and they are Qasitoon, Allah says Qasithoon are in deepest part of Hell". In Al Milal wa al Nihal by Allamah Shahrastani in Volume 1 page 103 cites the comments of the Sahabi Abul Hasan Ashari who expressed a clear opinion namely that: "Mu'awiya and Amr bin Aas fought against the rightful Imam.
Ali fought the rebels, he was with the truth and the truth was with him Mu'awiya's rebellion was in violation of the Qur'an Allah (swt) says in his Glorious Book: "O you who believe!