ضمان تأديب المتعلم بالضرب في الفقه الإسلامي : دراسة مقارنة بقانون الجزاء الكويتي

Abstract EN

his study aims to address the issue of corporal punishment administered by teachers to pupils with respect to civil liability regarding the occurrence of damages caused by the punishment.

The study delves into the statements of the jurists regarding the corporal discipline carried out by teachers and attempts to identify the correct position.

The study also mentions the conditions for civil liability, as well as the disciplinary controls put in place by the Kuwaiti penal code.

The researcher concludes that teachers who discipline their students are liable for all damages, even if the punishment is mild and not typically one that causes injury.

This view of Abu Hanifa and al-Shafi’I in a Kuwaiti penal code ruling on this issue is mostly compatible with Islamic jurisprudence.

The researcher recommends that teachers be carefully selected through personal interviews and that their performance should be continuously monitored.

The paper encourages corporal discipline under administrative, psychological and educational supervision and with adherence to Islamic disciplinary controls.