Begging in Criminal Law and Islamic Jurisprudence: A Comparative Study

Abstract

It is not surprising if we say that the ultimate goal of writing scientific research is to serve society, and this service requires researchers to reflect on the choice of the topic they research. Since begging is one of the social phenomena whose roots extend back to ancient times and have continued to this day; Thus, the idea for this research was born to shed light on this social phenomenon. It is well known that the sciences complement one another, and therefore, we deemed it necessary to conduct this study between criminal law and Islamic jurisprudence to provide a clear perspective. The scientific content necessitated that the research be divided into three sections, each further subdivided into three points. The first section, along with its points and sub-points, was dedicated to clarifying the linguistic and terminological meanings of the term. Following this, I addressed the types of begging and its criminalization or permissibility, as well as its appearance or concealment. I then mentioned terms related to begging, including the term "beggar." In the second section, the researcher examined the legal structure of the crime of begging, clarifying the Iraqi legislator's stance on this crime by explaining its material and moral elements. The researcher also referenced other laws to further clarify the legal structure . The research methodology concluded, being a comparative study between criminal law and Islamic jurisprudence, required us to address the topics in... These two specializations, according to what the occasion requires, we have dedicated the third to the concept of begging in Islamic jurisprudence, pointing to the prohibition of it and the places where it is permitted. It must be noted that I have cited legal texts, verses of the Holy Quran, and noble hadiths as required by the research. The pages of this research have been closed with a conclusion in which we have put the most prominent things that we have reached in this research.