The Right to Discipline in the Context of Emerging Relationships Between Family Members - A Comparative Study-

Abstract

   This study aims to demonstrate that the discipline imposed by the nature of the emerging relationship between family members is one of the most prominent means of achieving family stability and sustainability, provided that the general rules and regulations required by the various methods and means of this discipline are respected.

   While the position of Islamic law on the issue of discipline as a right granted to both the husband and the parents, by virtue of the hierarchical relationship between family members, was extremely clear in its guarantee and emphasis on this right, the position of Algerian law was not as clear. While it clearly criminalized and prohibited beating as a means of discipline, it was silent on the other methods stipulated by Islamic law.