Batasan Syar‘ī Pemberian Bantuan kepada Pengemis dalam Tinjauan Kaidah Fikih Lā Ḍarar wa Lā Ḍirār

The Shar‘i Limitations of Giving Assistance to Beggars in the Perspective of the Islamic Legal Maxim Lā Ḍarar wa Lā Ḍirār

Abstract

This article examines the shar‘ī limitations of giving assistance to beggars in the perspective of the Islamic legal maxim lā ḍarar wa lā ḍirār. The study is motivated by the dilemma between the Islamic encouragement to help those in need and the possibility that direct assistance to beggars may produce harm, such as child exploitation, dependency, weakened work ethic, and public disorder. This study aims to identify the classification of beggars in contemporary social reality, analyze the legal ruling on giving assistance to beggars in the perspective of the maxim lā ḍarar wa lā ḍirār, and explain the shar‘ī limitations as well as more beneficial forms of assistance so that giving assistance to beggars does not generate social harm. This study uses library research with normative and conceptual approaches. The data are analyzed through the Qur’an, hadith, classical Islamic legal works, books on Islamic legal maxims, academic books, scholarly journals, theses, regulations, and official sources related to beggars and the provision of assistance to beggars. The findings show that beggars in contemporary social reality can be classified into four categories: beggars accompanied by children, child beggars, beggars with disabilities, and professional beggars. The legal ruling on giving assistance to beggars is conditional, depending on the recipient’s condition and the impact of the assistance provided. Assistance to beggars with disabilities who are truly in need is recommended and may become obligatory in emergency situations. However, direct cash assistance to beggars accompanied by children, child beggars, and professional beggars should be restricted when it potentially causes harm. The shar‘ī limitations of giving assistance to beggars must consider the recipient’s real needs, the form of assistance, and its impact on society and public spaces. Therefore, assistance to beggars should be directed toward more beneficial forms, such as food, basic needs, child protection, health assistance, empowerment, and distribution through social institutions, so that social care does not generate new harm.