مجله مطالعات فقه تربیتی
سال چهارم شماره 8 (پاییز و زمستان 1396)

Entering a residential home - whether private or non-private - is one of the important issues that the Islamic Shari'ah has been addressing through its rules and regulations. The binding rules such as seeking permission, introducing oneself, greeting, not spying, lowering one's gaze, are part of the Qur'anic teachings aimed at preventing crime, and ultimately the establishment of a civil rights system, to introduce the Islamic Ummah as an model for all nations. After interpreting the verses, narrations and analyzing the viewpoints of scholars in explaining the legal-pedagogical requirements of entering a residential home, it has been concluded that there is a causal relationship between the above mentioned requirements and solidification of brotherhood, love and public cooperation in society. A careful look at the delicate points mentioned by the Holy Lawgiver in the pedagogical rules regarding entering a residence reveals the fact that the religion of Islam is completely cognizant of man's psychological and mental realities. In fact, they are indicative of a common pedagogical point in this regard and that is to apply one's reason which affirms that one should enter a residential home in a way which is normal and customary.

The Qur'an, the most important source for derivation of Islamic laws, enjoys a high status in the field of pedagogical jurisprudence. It is the source of ideas and opinions of commentators, exegetes, jurists and scholars of Islamic sciences. Hence, teaching and learning are the most important component of the Islamic education system. What justifies the necessity of conducting this research is the achievement of a jurisprudential ruling on the teaching and learning of the Quran and the degree to which one should engage in them. According to general rules and arguments, the absolute preference of teaching and learning the Qur'an is the foremost principle based on which teaching and learning, at times, reach a degree of necessity. Therefore, the rule regarding teaching and learning the Qur'an is relative and has different gradations.

The current jurisprudential discourse maintains that the duty-bound are addressed by what is obligatory and forbidden, and that a person has no obligation before puberty. Thus, as soon as a child attains puberty, he suddenly encounters a set of jurisprudential imperatives. On the other hand, the obligations and especially the religious rites are based on cognitive principles the most important of which is knowledge of God, the Exalted. In fact, this very principle gives meaning to those apparent actions. Basically, the acts of worship would not be accepted from a non-Muslim. An important question which arises here is: "When is it necessary for a child to acquire knowledge of God?" If it is before adolescence, it would be inconsistent with the said discourse which asserts that children are free of any obligation. If it is after puberty, it is necessary that children are exempted from any obligation for a while. This is in contrast with yet another part of the discourse which is the definiteness of obligations for the duty-bound. Some are of the view that acquiring knowledge is obligatory for children who can discern between good and bad. But the present research, that uses references, has proved that a child has no obligation to acquire knowledge before puberty, and the rational obligation is waived with Shari'ah ruling which is rooted in a prophetic tradition known as hadith raf'a (absolution). As per the principles of jurisprudence, there is also no problem in failing to perform the obligations insofar as one has not acquired the knowledge.

Corrective punishments or what is generally known as 'disciplining' has been used in two meanings with jurisprudents: "Education together with punishments" as a duty of parents and teachers or "disciplining with discretionary punishment". Keeping in view this point, the main question of this research concerns the method of implementing disciplinary procedures because of committing an offence or an immoral act according to jurisprudence and psychology. After studying jurists' views, it was revealed that there are two major opinions about the method of exercising discretionary punishments:Disciplining being confined to flogging and its non-exclusiveness. According to this research, the first opinion is unacceptable because the narrations in connection with this issue make reference to the manifestations of corporeal punishment while none of  the jurists have explicitly rejected the other manifestations of discretionary punishments. However, a major part of the discussions concerning the "punitive practices in psychology" can be seen in discussing the change in behavior and the negative and positive ways to reduce undesirable behavior (such as punishment, fining and compensation), which according to this study, both practices are effective in punishing and disciplining a child.

An important part of the parenting process is the use of appropriate educational methods in different areas. Hence, in educating children, effective educational methods, including methods for social education taribyah), are very important. These methods are suitable for facilitating the process of educating children as community members and responsible individuals. This study seeks to explain parents' religious duty to use methods which ultimately pave the way for social education. An important question is: "What are those methods which pave the way for social education of children and what are their jurisprudential rulings?" When it comes to the jurisprudential ruling which is derived from the Qur'an and traditions, we mean rulings which are deduced through the customary methods used by the jurists. Generally speaking, applying such methods which lead to social education in various cognitive, emotional and behavioral areas is at least recommended, if not obligatory.

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.