AbstractThat the law decides to use the right as a reason for permitting criminalization and clarifies the means necessary to use this right, and before the law provides for the rights and means of use in this regard, we find that the principles of Shari'a law and its optimal provisions are fair and applicable at all times and places are the foundation of rights and the source of freedoms and the guarantee of non-abuse It is therefore used to interpret and apply the provisions of the use of the right, especially the right to discipline towards the wife and minor children with the rules of Islamic jurisprudence, which organized this subject organization very precise and proficiency in a manner not reached by the latest laws developed.
And the right of discipline in this regard and in accordance with the rules of Islamic jurisprudence is governed by controls and determinants, the most important of which is to seek the corrective, reform and guidance, not revenge, preceded by the sermon and be in exchange for disobedience from the wife or children and be through a light beating by hand not exceeding three blows in places not dangerous, The use of the right of discipline exceeds these limits. It is arbitrary to use its right, which exposes it to legal accountability in both its criminal and civil aspects, and therefore the criminal and civil laws have regulated the use of the right and the consequences of violating it or the arbitrariness of its use have legal consequences.
Article 41 of the Iraqi Penal Code No. 111 of 1969 provides for the following: (a) No offense if the act is committed using a right established by law and is considered a use of the right:
1 - Discipline husband wife and disciplining parents and teachers and those under their children minors within the limits of what is prescribed by law or law or custom.)
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