Child Discipline Guardianship in Islamic Sharia and Jordanian Law: A Critical Comparative Analysis
Year: 2026
Type: article
Abstract: This study addresses the issue of guardianship concerning child discipline in Islamic jurisprudence and Jordanian law, employing a critical and comparative analytical approach. The research aims to highlight points of agreement and divergence between the two systems. It focuses on the concept, legitimacy, and conditions of disciplinary actions, alongside discussing the authorities responsible for implementing discipline in both Islamic jurisprudence and Jordanian legislation, as well as their liability for any resulting harm. The findings reveal consensus between Islamic jurisprudence and Jordanian law regarding the legitimacy and necessity of discipline in safeguarding the child's best interests and correcting behavior. However, significant differences exist in the details and practical implementation mechanisms. Islamic jurisprudence allows guardians a broader scope for disciplinary actions within defined conditions, whereas Jordanian law imposes stricter limitations that may constrain the guardian's educational role. The study concludes with practical recommendations, emphasizing the need to review Jordanian legislation to clarify the concept of discipline more precisely, promote community awareness regarding positive disciplinary practices, and foster cooperation between religious and legal authorities to reach a balanced framework that ensures the child's best interests while protecting them from harm.
Source: Islamic Reports
DOI: 10.66638/ccnj9d82
Institution: University of Malaya
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7214959148