Document Type : Original Article
Authors
1
PhD Student, Department of Islamic Jurisprudence and Education, Mahallat Branch, Islamic Azad University, Mahallat, Iran.
2
Assistant Professor, Department of Islamic Jurisprudence and Law, Meybod Branch, Ayatollah Haeri University, Meybod, Iran.
3
Assistant Professor, Department of Islamic Jurisprudence and Law, Mahallat Branch, Islamic Azad University, Mahallat, Iran.
10.30510/psi.2023.325372.2977
Abstract
The principle of discipline or punishment as the last method of education for the development and excellence of individuals is accepted and has legitimacy in Islamic jurisprudence and law, and its necessity is also mentioned in the Qur'an. It is permissible to correct their behavior and their difference is only in the quantity and quality of punishment. According to Article 1179 of the Civil Code and Article 95 of the Islamic Penal Code, in addition to parents, legal guardians and guardians have jurisdiction over minors and detainees. In general, comparing the views of the jurists with the fundamental rights, it can be concluded that the issue of guardianship is based on the verses of the Holy Quran and the narrations of the Imams and are not very different from each other. Also, according to Article 59 of the Islamic Penal Code, parents and persons in charge of minors and detainees have the right to discipline and corporal punishment of those under their care, so that light and insignificant violence is not legally considered a crime. This is because according to paragraph 1 of Article 59 of the Islamic Penal Code, the actions of parents and legal guardians and guardians of minors and homeless people that are done to discipline or protect them, if they are disciplined and protected as normal. With the aim of investigating punishment and its consequences in the law of Islamic religions and Iranian law, it has been done in a descriptive-analytical method.
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