عنوان مقاله [English]
In history of Shia jurisprudence, it is supposed that children have no duty and obligation, so there is no punishment in hereafter for them. This dominant idea is considered a kind of freedom for immature children and has unpleasant educational and social consequences. In recent century above- mentioned approach is challenged by one researcher called Naeini; but his theory about children punishment in independent sentences of intellect is not accepted by late-comers due to its conflict with hadith of Raf' al-Qalam while some contemporary scholars decree a punishment for such children without solving the problem of its conflict with the mentioned hadith.
This study is done by documentary- library method and intertextual analysis to discover the ideas before and after Naeini about this theory. This theory is rebuilt and recreated by allocating punishment for children that violate intellectual sentences (or orders), because God forgives sin and violation related to him and God's forgiveness and kindness does not cover violation in other human rights, accordingly problem of mentioned people is answered by proving inherent restriction of mentioned hadith toward independent intellectual sentences.
یزدى، سید محمد کاظم (1409ق). العروةالوثقى، بیروت: الأعلمی للمطبوعات