ضرب الأولاد للتأديب بين الضرورة و الضرر : دراسة فقهية، نفسية، قانونية

Abstract EN

After the failure of punishment’s methods, Omniscience directed the educator, in case of disobedience, to corporal punishment a form of a deterrent punishment by clarifying the cases where beating is allowed and identifying the characteristics of both the punisher and the punished.

In addition to the clarification of the characteristics of tool used in punishment, He clarifies the appropriate way and place for beating as a form of punishment.

hose interested in modem psychology believed on this approach and consider physical punishment as a legitimate act for those who do not respond to other educational methods such as compliment and praise to put an end to their bad behaviors.

However, the Algerian legislator tries to face this phenomenon by enacting or bringing in new laws in order to protect the children from abuse and neglect, and incriminated those who harm them by penalizing them harshly through several laws such as: The Penal Code, Code of Criminal Procedure, Labour Law, Family Law and legal orders.