Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :17 Issue : 49 2002      Add To Cart                                                                    Download

Reprehension by whipping between

Auther : Dr: Abd Al Haffiz Mohammed Abdo Rawas Qalaagy.

* Research outline:

1. Reprehension is the language of backing and discipline, in jurisprudence terminology, It is a discipline for misdeeds for which castigation (Islamic punishment) weren’t legislated.

2. Reprehension is legal in Holy Book, Sunna, Consensus and the Reasonable common sense.

3. Our Great Lord Says ( Those whom you Fear their disobedience advise, desert their beds and hit them ) {El Nissa: 34}.

It’s well known that disciplines are not Quranic castigation’s since they are empowered to the husband, who does not have the authority to execute castigation. Consequently discipline becomes Reprehension. El Boukhari narrated that the - prophet may God bless and peace be upon him- states

“ Not to whip more than ten lashes except in allah’s Castigation”.

Scholars agreed that reprehension is between one & ten lashes only.

4. The most obvious distinctions between Reprehension and Castigation are:

1 – Castigation is of a known value & no one has right or the ability to modify or change it.

2- Castigation is a must which can’t be abated, Reprehension is not.

3 – Castigation is not executed on a child, but a child is reprehended for disciplining.

4 – Imam – Ruler authorizes Castigation - Reprehension is not.

5. Kinds of Reprehension:

1 – Reprehension for misdeeds: prayer abandonment, not giving Zakat, without a personal denial of its obligation as religious duty.

2 – Reprehension for disobedience: such as non- – calling for prayers in mosques, Friday prayers, the two feasts prayer and group praying abandonment. This is a matter of discordance between in Islamic scholars.

6. Reprehension for the public good: In Order to prevent adversity, using imprisonment or banishing as the way Omar acted with Nasr Ibn Hagag, and the like of criminals and thieves until they repent and restrain.

As we see Reprehension is decided in Sharia and has varied domains as we have mentioned and others.

7. Means of Reprehension: It differs from one person to the other, for example the person whose misdeeds are accidental, blaming and scolding words are enough, but the person whose misdeeds are frequent / hit – less than castigation value – by light whip, shoes, or imprisonment. Reprehension has no specific means in order to make Sharia flexible and valid for all times.

8. The purpose of Reprehension: The purpose of Reprehension is to prevent, restrain, reform and behave. the chastening person from his misdeeds.

9. jurisprudents Opinions in Reprehension:

Journal of Law
Journal of Law

You are Visitor No.

81266

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law