Limits on the use of the right to discipline in criminal law (A comparative study)

Abstract

The reasons for permissibility provided in the Penal Code constitute an exception that exempts the offender from punishment but only under conditions and controls. Otherwise, the permissibility would cease and the act would become a criminal. The application of the reasons for permissibility contained in the legislation is the use of the right, which includes the right to discipline.

In this research, we will examine the limits of this right, which has been controversial among legislations. Thus, by examining this study we have found that this disagreement is the result of an inherent disagreement among sharia scholars, which the law entrusted the details of this discipline to them without clear controls that the jurisprudence has tried to ensure.

Accordingly, it has been found that the limits of the use of the right to discipline need to be researched in individual legislation. Discipline in one State differs in another. It is a disciplinary action if specific national legislation permits it, another comes and not only criminalizes it but makes it an aggravating circumstance for the offender.