Document Type : Original Article
Authors
1 PhD student, Department of Law, Sharekord Branch, Islamic Azad University, Sharekord, Iran
2 Assistant Professor, Department of Law, Sharekord Branch, Islamic Azad University, Sharekord, Iran
3 Assistant Professor , Department of Law , Sharekord Branch , Islamic Azad University , Sharekord , Iran
Abstract
Keywords
Main Subjects
**Conclusion**
This research was conducted with the aim of examining the foundations of disciplining (*ta'dīb*) and protecting minors (*ṣighār*) and the insane (*majānīn*) from the perspectives of custom (*'urf*), religious law (*shar'*), and statutory law (*qānūn*). The results indicate that in these three domains, the primary motivation is benevolent support for vulnerable family members, and parents possess special authority for the upbringing (*tarbiyah*) and protection (*ḥimāyah*) of minors and the insane. Regarding the conditions for discipline, the study states that disciplinary measures must be within customary (*mu'tād*) and religiously permissible (*shar'ī*) limits; otherwise, parents will bear criminal liability (*mas'ūliyyat jazā'iyyah*). In Iran, the permissible limits of discipline have not been precisely defined. The lack of clarity in Article 158 of the Islamic Penal Code (*Qānūn-i Mujāzāt-i Islāmī*) has led to divergent interpretations in courts, creating the potential for abuse and child maltreatment (*kudk-āzārī*) under the guise of discipline.
While many countries, particularly in Europe and North America, have undertaken extensive reforms and completely prohibited the corporal punishment (*tanbīh-i badanī*) of children, Iran still faces legal challenges. In Sweden, France, and Germany, corporal punishment has been declared illegal, and support programs to promote alternative disciplinary methods are being implemented. In contrast, in some Islamic countries like Egypt and Qatar, corporal punishment is permitted under specific circumstances but is subject to strict regulations to prevent abuse.
The comparative analysis of this research demonstrates that different legal systems have established varying limits for parental discipline based on their cultural and social contexts. In Western countries, the complete prohibition of corporal punishment has led to better protection of children's rights and a shift in parenting approaches. Conversely, some Islamic countries, by conditionally accepting punishment, aim to preserve parental authority within a limited framework. This comparison shows that the precise regulation of parental authority must align with the cultural values of society while simultaneously supporting the rights of the child.
The research emphasizes the necessity for Iran to utilize the experiences of other countries to clearly define the "customary limit" (*ḥadd-i mu'tād*) of discipline in order to prevent contradictory interpretations in courts. Furthermore, the findings stress that a precise understanding of parental rights in a global context and the appropriate regulation of these rights and their limitations can directly lead to a reduction in child maltreatment, an improvement in parenting practices, and an increase in public awareness. Ultimately, the research calls for the reform of Iran's domestic laws in line with global developments to create a clear legal framework that preserves both parental authority and the rights of children in tandem.
**Recommendations**
A comparative examination of the laws and experiences of other countries indicates that Iran can also, by implementing reforms in its legal system while preserving parental authority, prevent potential abuses. Accordingly, the following recommendations are proposed:
1. **Establishing Clear Criteria for the "Customary Limit" in Child Discipline:** The lack of a precise definition of the "customary limit" in Iranian law has led to divergent interpretations and, in some cases, abuse. It is necessary to establish specific criteria to distinguish between permissible discipline (*inẓibāṭ-i mujāz*) and harmful punitive behaviors (*raftār-hā-yi tanbīhī-yi muḍirr*) so that judges can make uniform decisions.
2. **Explicit Prohibition of Severe Corporal Punishment and Its Replacement with Positive Parenting Methods:** As implemented in many countries, Iran can also prohibit severe punishment and encourage parents to use alternative disciplinary methods. This measure can prevent child maltreatment under the pretext of discipline.
3. **Implementation of Educational Programs for Parents:** The experience of Western countries has shown that educating parents on alternative disciplinary methods reduces reliance on corporal punishment. It is recommended that counseling and educational programs be considered for families so that parents become familiar with more effective and lower-risk methods for raising children.
4. **Establishing Independent Supervisory Bodies to Assess Cases of Child Maltreatment:** Leading countries in this field have established independent bodies to address parental misconduct in child discipline. It is recommended that special supervisory systems be designed in Iran to evaluate, report, and investigate cases of unauthorized punishment.
5. **Aligning Iran's Laws with International Standards:** Considering the Convention on the Rights of the Child and international laws, it is recommended that Iran also regulate its laws to protect children's rights and prevent violent behaviors. Of course, in this regard, the cultural and religious considerations of Iranian society must also be taken into account so that the new laws have greater enforceability.
These recommendations can lead to establishing a balance between parental rights and child protection, and prevent the misinterpretation of existing laws.