حق التأديب في العمل الإسلامي: دراسة فقهية مقارنة

This research addresses the issue of "Disciplinary Rights in Islam" from a juristic perspective, shedding light on the role of discipline in Islamic law as a means of reforming individuals and society. It asserts that Allah, as the guarantor of justice, commands fairness and forbids oppression, and that legitimate discipline is an indispensable means of maintaining this balance. The primary purpose of discipline is not punishment, but the reform of the individual and society. From this perspective, discipline serves the function of guiding the wrongdoer and directing them towards righteousness; initially, advice and guidance are offered, and depending on the nature of the mistake, it may culminate in a harmless penalty. The research examines the provisions of discipline in family relationships, marital relations, and education in depth, providing a detailed explanation of the rights and responsibilities outlined by Islamic law in these contexts. Furthermore, it emphasizes that mercy and compassion are essential values in the application of discipline, stressing that the primary intention behind discipline should be reform. It is highlighted that the process should be free from violence and harshness, and that the purpose of discipline must solely serve the goal of reform. The research discusses the ignorance surrounding the legitimate provisions of discipline and the misunderstandings in its application, along with the thoughts regarding individuals' rights within society. Therefore, it aims to clarify the excesses related to discipline in practice and relies on various jurisprudential sources to facilitate accessibility in this regard. Additionally, the research examines the provisions related to discipline in Islamic law through the foundational legal proofs such as the Qur'an, Sunnah, consensus (Ijma'), and analogy (Qiyas), and presents the views of the Hanafi, Maliki, Shafi'i, and Hanbali schools of thought in this context. As a result, the research asserts that the right to discipline should be applied within the framework of human boundaries that balance the interests of the individual and society, emphasizing that it is a legitimate right under certain conditions, with references to Islamic jurisprudential schools.