The Rationale of Criminal Liability Arising from Ta’dib and Ta’zir with a Perspective on the Criminal Laws of Iran and Egypt

The present research examines the jurisprudential and legal foundations of criminal liability arising from ta’dib (disciplinary punishment) and ta’zir (discretionary punishment) within the legal frameworks of Iran and Egypt. The primary objective of this study is to conduct a comparative analysis of criminal liabilities related to ta’dib and ta’zir, investigate the relevant jurisprudential principles and rules, and assess the legal challenges arising from this issue in the two aforementioned legal systems. The significance of this topic lies in its impact on human rights and the preservation of human dignity within judicial and educational processes. Ta’dib and ta’zir, as corrective and disciplinary measures, may lead to criminal liabilities that require thorough and comprehensive examination. The research methodology of this study is descriptive-analytical, based on a review of library resources and scholarly articles. The collected data include current laws of Iran and Egypt, judicial rulings, and the opinions of legal scholars and researchers in this field. The findings of this research indicate that the attribution of criminal liability for ta’dib and ta’zir in both legal systems exhibits both similarities and differences. Furthermore, jurisprudential foundations play a significant role in shaping the legal and ethical frameworks of criminal liabilities. In conclusion, this study proposes practical solutions to improve oversight in the administration of justice and mitigate the negative consequences of ta’dib and ta’zir, emphasizing the necessity of revising existing laws. In both Iran and Egypt, domestic disciplinary actions by parents do not entail criminal liability under current law, yet a reform of the penal codes in both countries appears essential in this regard.