1- Assistant Professor of The Department of Law, Ayatollah Boroujrdi University, Boroujrd, Iran. 2- Assistant Professor, Department of Private Law, Azad University, South Tehran Branch, Tehran, Iran. 3- Graduated From The Doctoral Level of Figh and Fundamentals of Islamic Law, Imam Sadegh University (AS), Tehran, Iran. 4- M. Sc Graduate of Islamic Jurisprudence and Legal Principles, Ayatollah Boroujrdi University, Boroujrd, Iran.
Abstract: (251 Views)
The importance and sensitivity of education for the Islamic community have led to the necessity of doubling the connection between jurisprudence and education. Unfortunately, the importance and necessity of this connection, as well as the significance of the presence of Islamic regulations in the education process, have not been thoroughly researched regarding the alignment of educational regulations with jurisprudential rules and the damages resulting from the lack of this alignment. Most teachers are unaware of their religious and Islamic duties regarding Islamic education. Therefore, the present study aims to examine and analyze the regulations governing teachers and students in education with an emphasis on the principles of Imamia jurisprudence. This research has been conducted using a descriptive-analytical method and gathering information from specialized jurisprudential-legal libraries and Islamic sciences software. After examining the issues mentioned in this research, we find that by establishing elements of responsibility such as fault, entry of harm, the existence of a causal relationship between fault and incurred harm, civil liability will be imposed on the teacher towards the student, education, or school as a legal entity. The most important effect of this is the compensation for the incurred damage, which in the relationship between the teacher and the student, in case of personal fault, the teacher is responsible for compensation, and in case of deficiencies in the systems, education or the school will be responsible for compensating the incurred damages. Where the teacher and the administrative body or the school as a society play a role in the entry of harm, the judge may impose the burden of compensation equally or based on the level of negligence. This research was conducted library-based, and the most prominent result obtained is the basis of the teacher's civil liability in the Iranian legal system on "fault," and the teacher may also have administrative responsibility in relation to education.
Akbari M, Ommi A, Zarei Mahmoodabadi M, Iranshahi A. Exploring The Regulations Governing Teachers and Students in Education With an Emphasis on The Principles of Imamia Jurisprudence. IHRJ 2024; 1 (1) :1-34 URL: http://islamichumanrights.ir/article-1-23-en.html