اسم الکتاب : تنبيه بدنى كودكان المؤلف : حسينى خواه، سيدجواد الجزء : 1 صفحة : 336
intended to punish a child or change its behavior.
However, this act is so severe sometimes that it comes into the category of
inhuman, cruel and humiliating behavior or torture. Then I have made a study of
the articles in the international documents of human rights, judicial policies
and existing doctrines by which I have conclusively reached full prohibition of
corporal punishment of children in all the said levels. However, the policies
of states to abolish all types of corporal punishments show that, despite
efforts made in this regard, only countries have absolutely legally banned
corporal punishments.
On the other hand, a close examination of the narrations
on child discipline and also the views of jurisprudents indicate that corporal
punishment, if aimed at preventing a child from indecent acts or if it is in
the best interest of the child, is allowed, or else it is prohibited and the
executor of punishment is considered to be liable. Furthermore, there are other
traditions against these narrations in which the Infallibles( a. s. )forbid
parents from spanking and beating their children. They have been instructed to
use appropriate alternative forms of punishments instead of beating and
spanking their children. In other words, as per their sayings one should not
resort to corporal punishment when there are alternative chastisements and
other proper measures to correct a childs behavior. In addition, an Islamic
ruler) qualified jurisprudent (can also ban corporal punishment in line with
the expedience of society or because of the very negative impacts resulting
from it. Thus the way of interaction between these two views is open and
prohibition of corporal punishment is therefore achievable in both systems,
albeit on the basis of some common criteria such as human dignity, physical
integrity and observance of the best interest of the child.سيدجواد حسينى خواه، تنبيه بدنى كودكان
درنظام بين الملل حقوق بشروفقه اماميه، 1جلد، مركزفقهى ائمه اطهار(ع) - قم، چاپ:
الاول، 1389ه.ش.
اسم الکتاب : تنبيه بدنى كودكان المؤلف : حسينى خواه، سيدجواد الجزء : 1 صفحة : 336