The Punishment of a Minor in Juvenile Detention Centers
Machine translationRead the Arabic original
Question:
Honorable Shaykh! If the pen is lifted, as in the hadith, for a minor until he grows up, what is the ruling on what we call juvenile detention centers, and the imprisonment of a minor if he commits an act such as theft or others?
Answer:
The presence of disciplining a minor, if he is of discernment, with proofs of his upbringing, and proofs that he is accustomed to good morals, so that his discipline is not excessive, or hitting him with some sticks, so that his discipline is not excessive, but not what burdens him by hitting him severely; he is hit lightly, since he knows in the punishment that this is a matter of weaning, or this is a matter of imprisonment; this is a matter of weaning. And if he is excused or has a permanent mental condition, holding him is for the removal of harm from people, or also for treatment, which allows for treatment, yes.
Honorable Shaykh! If the pen is lifted, as in the hadith, for a minor until he grows up, what is the ruling on what we call juvenile detention centers, and the imprisonment of a minor if he commits an act such as theft or others?
Answer:
The presence of disciplining a minor, if he is of discernment, with proofs of his upbringing, and proofs that he is accustomed to good morals, so that his discipline is not excessive, or hitting him with some sticks, so that his discipline is not excessive, but not what burdens him by hitting him severely; he is hit lightly, since he knows in the punishment that this is a matter of weaning, or this is a matter of imprisonment; this is a matter of weaning. And if he is excused or has a permanent mental condition, holding him is for the removal of harm from people, or also for treatment, which allows for treatment, yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الطلاق — islamhouse.com (1:09:53)
The Arabic text is a machine transcription of the audio recording.