الحماية الجنائية للأطفال من التعسف في التأديب في الشريعة الإسلامية و القانون الجزائري

الملخص EN

Great care has been given by legislations to the child in order to discipline him through counselling, guidance, education and punishment for abuse committed without causing any harm to him, the legitimacy of discipline has been established from the Qur'an, Sunnah, consensus and reasonableness and approved by the Algerian legislature.

That's the aim of this research paper which highlights the number of legislative texts and provisions on the criminal aspect determined by Islamic law for the purpose of achieving general deterrence among groups causing harm to children in the name of the right to discipline and compare it to what the Algerian legislator stipulated.

Under the problematic content: What is the criminal protection prescribed for a child from arbitrary discipline in both Islamic and Algerian laws? If the educator abuses when educating, and this leads to the death of the child or the destruction of one of his organs he is warranted up to Chafii and Abou Hanifa but not up to Malik and Ahmed and the perpetrator is sneak away from if he deliberately kills unless he is a father because the Messenger, peace and blessing of Allah upon him, said : “A father is not to be killed for his offspring.

” As for the penalty for murder in Algerian law life imprisonment if there was not an intention, then the execution, even if it was a parent.

If a discipline result in illness or inability to move for more than fifteen days, the prison is five to ten years, if this discipline leads to amputation of one of the members, deprivation of his use, lost his sight or leads to permanent disability, his penalty is life imprisonment.