The constitutionality of the right to discipline

Abstract

Abstract: Our research entitled (The Constitutionality of the Right to Discipline) represents an attempt to review the positions of the Federal Supreme Court on the right to discipline. which it expressed in its decisions Nos. (27/Federal/2019) and (202/Federal/2021). to show the extent of its validity and its agreement with the legal and cultural developments that occurred in Iraqi society after the implementation of the 2005 Constitution. We note that the right to discipline is subject to several concepts at the level of legal jurisprudence and Islamic jurisprudence. We have attempted to clarify these concepts in order to extract a set of characteristics capable of distinguishing it from domestic violence. This is a prelude to reviewing the arguments presented by proponents of its unconstitutionality to substantiate their claim, in light of a cognitive clarification of the potential effects of a ruling declaring it unconstitutional. However, the truth is what the judiciary, entrusted to us with professionalism and impartiality, pronounces. This does not prevent us from reviewing its decisions and placing them in the balance of constitutionality, as much as it relies on the reasons it has adopted to justify its rulings. Its recognition of the constitutionality of disciplinary action represents the truth at which the will of the secular and Islamic legislators converges in establishing the foundations of the family system.