حقُّ تأديب الآباء للأبناء بالضرب مطلقٌ جائزٌ أم نسبيٌّ مُحدَّد؟ "واقعة أبٍ يضرب ابنه بتصوير تدلي به زوجته في بغداد – الراشديَّة - أنموذجًا"

Abstract

The human soul, with its spirit and body, is one of the five interests (religion, soul, mind, offspring, money), for the sake of which the legal rulings were established and made it their goal and purpose. And Allah created this human soul-that’s Man- and appreciated, cherished and honored him, and deposited in him the secret of his creation that protects him for a while. However, for the father or guardian to exercise his right to discipline his son, this human soul must be violated; that is, with the body of the son, sometimes by beating, and since the right to discipline is a fixed right of the father over the son, since the Shria and law guarantee this right and decide it in hands of the father and make it a right for him and the guardians in his position to exercise it towards the children, however, he may exceed this right in a way that contradicts human dignity , and this is what we see and hear about many of the attacks that take place against the children under the guise of the family’s privacy, which are prohibited from being interfered with. And based on the right to discipline, which many consider an absolute reason for permissibility, which made us here try to develop a solution that fits the way to reconcile the principle of the inviolability of the body, and the principle that allows the father and those in his judgement to discipline the son by beating,. Undoubtedly, this conciliation is achieved by setting the controls that parents must observe in raising their children so that the right of discipline does not deviate from its ultimate goal, which is preserving life and health by right behavior and proper upbringing and education to graduate to build a working generation equipped with knowledge and build a wise family and a sound society. Based on the fact that rights are not absolute, but rather final, each right has its own social purpose that it targets, taking into account special legal texts; Do not deprive the father the right to reprimand his children on the one hand, and do not allow him to abuse the right to discipline on the other.