Chastisement Between Islamic Sharia and the Jordanian Penal Code

Abstract

This study addresses chastisement between Islamic Sharia and the Jordanian Penal Code. The Islamic Sharia recognizes the right of chastising children and the wife within legitimacy controls and restrictions. Under Penal Article 62, the Jordanian legislator provides for chastisement where it is considered as one of justification grounds that implies excluding the act from offence and becomes in the context of legitimacy.  Our legislation is based on Islamic Sharia, which is a source of the Jordanian Legal System. In order to fulfil the desired goals of the study, it is necessary to start by identifying the Islamic Sharia position on chastising children and identifying the gradual means for chastising children as well as identifying controls and restrictions. Then we explain the right of chastising children in the Penal Code and its legal conditions to justify chastisement as we identify the position of Jordanian Judiciary on this issue. The study has tackled the chastisement of the wife in Islam and the Penal Code and its restrictions. We have concluded in this study that chastisement in Islamic Sharia and Jordanian Penal Code is restricted by the one who has the right to chastise persons subjected to it, chastisement meaning, and its purposes.

Keywords: Chastisement, Justification Ground, Trustee, Desertion.

DOI: 10.7176/JLPG/89-20

Publication date:September 30^th 2019