حق تأديب الزوجة و الأولاد و الضمانات الواردة عليه : دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

الملخص EN

that the right to discipline the wife and children of the most important issues in the community, where among the reasons for DECRIMINALIZATION, widely practiced by the owner under the mandate of legitimacy, provided that exercised in the framework of the principles of humanity, which exude the meanings of mercy and compassion, and to maintain the interest of the family, it is based on the conditions of legal validity, on the basis of bringing stakeholders and the damage as much as possible; that the overriding objective of the reform is not beating hardship, because that would be incompatible with the reality of the human instinct, distinct from the other with the mind and wisdom and Payment Act, this right does not advance only if it be included in the framework of the legitimate Description, or declined to do, and must abide by lawful means and not out of which project to the arbitrariness and therefore the responsibility of the owner, whether civil, including requiring compensation for damage, Or criminal proceedings, including requiring criminal penalty.