Resilience of Muslimah Sex Workers: Fulfilment of Children's Rights Based on Fiqh Hadhanah and The Child Protection Law
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Abstract
This research study aims to further explore and delve into the resilience efforts of Muslimah sex workers in fulfilling their children's rights as mandated by Hadhanah jurisprudence and the Child Protection Law, which has become a living law in society. This is socio-legal research with a case study in Wisata Karaoke (ex-localization), Suko, Malang, Indonesia. The method of data collection used in this study is in-depth interviews with four muslimah prostitutes who have children, observation, and documentation. The results of this study indicate that Muslimah sex workers employ two resilience models in fulfilling their children's rights. The first resilience model involves placing their children in Islamic boarding schools (pesantren), considered authoritative childcare institutions. The second resilience model consists of entrusting their children to immediate family members, such as grandparents and aunts, who are perceived to be free from negative influences like promiscuity and alcohol consumption, which are commonly associated with the world of prostitution. Both resilience models are based on mitigation efforts to prevent their children from falling into the same cycle of prostitution as their mothers. This research contributes to becoming new policy material for scholars, government, legislators, and academics in initiating the formation of childcare institutions around ex-localizations as a guarantee of continuity, protection, and fulfillment of the rights of abandoned prostitutes' children.
References
Anggrek. “Interview,” 2023.
Anggrek et al. “Interview,” 2022.
As’ad, Aliy. “Terjemahan Fathul Mu’in Jilid 3.” Yogyakarta: Menara Kudus, 1979.
Az-Zuhaili, Wahbah. Fiqih Islam Wa Adillatuhu. Jilid 8. Damaskus: Dar al-Fikr, 1984.
Bery. “Interview,” 2023.
Geeta, Pardeshi, and Suan Bhattacharya. “Child Rearing Practices amongst Brothel Based Commercial Sex Workers.” Indian Journal of Medical Sciences 60, no. 7 (2006): 288–95.
Gosita, Arif. “Masalah Perlindungan Anak.” (No Title), 1985.
Gultom, Maidin, and Dinah Sumayyah. “Perlindungan Hukum Terhadap Anak Dalam Sistem Peradilan Pidana Anak Di Indonesia,” 2014.
Mawar. “Interview,” 2020.
Mawar et al. “Interview,” 2022.
Melati. “Interview,” 2020.
Munawwir, Achmad Warson. “Kamus Al-Munawwir Arab-Indonesia Terlengkap,” 1997.
Norrington, Janette. Does Parental Sexual Behavior Influence “Parental Fitness” and Child Custody Determinations? Ronald E. McNair Post-Baccalaureate Degree Program, 2011.
Peled, Einat, and Ayelet Parker. “The Mothering Experiences of Sex‐trafficked Women: Between Here and There.” American Journal of Orthopsychiatry 83, no. 4 (2013): 576.
Rohmah, Siti, and Azka Rasyad Alfatdi. “From Living Law to National Law: Theoretical Reconstruction of Applying Islamic Law in Indonesia.” Peradaban Journal of Law and Society 1, no. 1 (2022).
Sabiq, Sayyid. “Fiqh Al-Sunnah, Jilid Ke-2.” Damaskus: Dar Al-Fiqr H 1404 (1980).
Seroja. “Interview,” 2023.
Tohari, Ilham, and Umar Faruq. “Actualization of Sufism Teachings in Environmental Conservation: Lessons from Tarekat Rowobayan.” Peradaban Journal of Religion and Society 1, no. 1 (2022): 41–54.
Tohari, Ilham, and Moh Kholish. “Ijtihad Berbasis Maqashid Syari’ah Sebagai Pijakan Konseptual Dalam Pembaruan Hukum Keluarga Islam Indonesia.” Jurnal Hukum & Pembangunan 50, no. 2 (2020): 462–75.
Uwaidah, Syaikh Kamil Muhammad Muhammad, and Yaikh Kamil. “Al-Jami’fii Fiqhi an-Nisa’, Terj.” M. Abdul Ghoffar EM, Fiqih Wanita, Jakarta Timur: Pustaka Al-Kautsar, 2006.
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