The Jurisprudential Foundations of the Necessity of Pedagogical Education

Education is one of the most important commandments of Allah Almighty to the servants, and is considered to be the main duty of the parents towards their children. But in jurisprudential texts, there are but very few traces of it, and it is briefly discussed as part of the topic concerning guardianship and custody whereas, in fact, pedagogy and moral education has been mentioned in detail in the original sources of jurisprudence such as the Quran and Sunnah. For instances, clear references have been made to tarbiyah (education) in verses such as the verse of wiqayah (protection) and verse of "command to prayer" and also, there are different narrations which refer to the concept of education and its necessity on all individuals in general and parents, close relatives and the ruler in particular. Therefore, they are commissioned to educate others especially children and adolescents. In this study, five main reasons have been presented regarding the necessity of educating adult and non-adult people to make it clear that education is an independent concept and it is not a topic discussed under guardianship so that only the father, not mother, should play a role in educating a child, nor is it discussed as a part of the topic of 'child custody' so that it may come to an end after a child attains puberty.