RESILIENCE OF MUSLIMAH SEX WORKERS: FULFILMENT OF CHILDREN'S RIGHTS BASED ON FIQH HADHANAH AND THE CHILD PROTECTION LAW

Fadil, Fadil (2024) RESILIENCE OF MUSLIMAH SEX WORKERS: FULFILMENT OF CHILDREN'S RIGHTS BASED ON FIQH HADHANAH AND THE CHILD PROTECTION LAW. Justicia Islamica: Jurnal Kajian Hukum dan Sosial, 21 (1). pp. 23-42. ISSN 2502-7646

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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.

Item Type:	Journal Article
Keywords:	child protection; child rights fulfillment; fiqh hadhanah; Muslimah prostitutes
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
Divisions:	Graduate Schools > Magister Programme > Graduate School of Al-Ahwal Al-Syakhshiyyah
Depositing User:	Fadil Sj
Date Deposited:	01 Jul 2024 14:37

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