التسول بين التجريم وعدمه، وسبل علاجه في النظامين الجنائيين الإسلامي والوضعي

Abstract EN

This study aims to clarify the reality of beggary in Islamic law, and to show what is prohibited from it, and to clarify its provisions, conditions, and ways of treating it, while comparing that with its concept in positive law and ways to treat it.

A method was used to reach these goals in which he relied on the methods of induction and analysis, through which he reached conclusions, including: What is meant by beggary in Islamic law is: by which a person asks for money from others in the form of excess or laziness, without having a right to it.

As for positive law, there is no definition of beggary.

Which led to the disturbance of his organization.

It also appeared that the causes of beggary are: poverty, greed, love of money, long hope, laziness, and looking at what is in the hands of the affluent.

and that the original prohibition; Because of the evidence contained in that, and its negative effects on the individual and society, but it may be permissible with certain controls.

It appeared that Islam treated the causes of beggary, as well as the crime of beggary, in contrast to the positive law that only dealt with the crime, a treatment that falls short of the legal treatment for it.