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All Journal Syakhshiyyah Jurnal Hukum Keluarga Islam Legitima : Jurnal Hukum Keluarga Islam
Nazula Alfirahmah
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Childcare, Single-Mother Sex Workers, and Islamic Family Law: Contemporary Realities Between Child Welfare and Social Stigma Aditya Ramadhan; Roqiyul Ma’arif Syam; Afif Muamar; Nazula Alfirahmah; Dede Al Mustaqim
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8239

Abstract

Purpose – Contemporary Ḥaḍānah practices are often confronted with complex social and economic realities. Childcare practices by Single mothers working as sex workers must bear full responsibility for childcare amid economic pressures and moral stigma. This study focuses on the tension between the principle of child welfare and the social marginalization of single mothers who are sex workers. Design/methods/approach – This research employs a qualitative field method with a case study. Primary data were collected through in-depth interviews and observations of four single mothers who worked as sex workers in Astana Village, Cirebon, Indonesia. The data were analyzed thematically using the interpretive framework of Qirā’ah Mubādalah and Maslow’s hierarchy of needs. Findings – The research findings show that the practice of ḥaḍānah by single sex worker mothers in Astana Village, Cirebon, Indonesia reflects a reciprocal caregiving relationship oriented towards the welfare of the child, as emphasized in the Qirā’ah Mubādalah perspective. Analysis using Abraham Maslow's Hierarchy of Needs Theory reveals that caregiving is carried out simultaneously and contextually through the fulfillment of physiological needs, safety, affection, and even the child's future aspirations, despite structural limitations. Research implications/limitations – These results confirm that the suitability of ḥaḍānah cannot be measured by the stigma of the mother's work but rather by her commitment and ability to fully meet the needs of her children. Originality/value – This research offers a novel interdisciplinary analysis integrating Qirā’ah Mubādalah and Maslow’s theory to reinterpret maternal resilience and justice in childcare, promoting a more compassionate and contextual understanding of Islamic family law.
Tinjauan Qira'ah Mubadalah Faqihuddin Abdul Kodir Dan Maqashid Syariah Dalam Pemenuhan Hak Anak Pasca Perceraian Dede Al Mustaqim; Nazula Alfirahmah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/ek0nhr69

Abstract

Abstract:  This study aims to examine the practice of fulfilling children's rights after divorce in Kerandon Village, Talun District, Cirebon Regency, through the perspectives of Qira’ah Mubadalah by Faqihuddin Abdul Kodir and Maqashid Sharia. The research focuses on three main questions: (1) how children's rights are fulfilled at the local level following a divorce, (2) how the values of reciprocity (mubadalah) are applied in post-divorce parental relationships, and (3) how the principles of maqashid sharia are reflected in the fulfillment of children’s rights. This study uses a descriptive qualitative method with a normative-sociological approach. Data were collected through interviews with five divorced families with children, as well as through observation and document study. Data analysis follows the Miles and Huberman model, including data reduction, data display, and conclusion drawing. The findings indicate that the fulfillment of children's rights after divorce is significantly influenced by social, economic, and relational factors between the parents. In some cases, the principles of Qira’ah Mubadalah, such as mutual consultation (musyawarah) and consent (taradhin), are internalized through productive and collaborative communication between parents. However, there are also instances where the failure to fulfill children’s rights stems from broken communication and the negligence of one parent. From the maqashid sharia perspective, some families continue to uphold the principles of protecting religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal) of the child, albeit under limitations. This study highlights the importance of a reciprocity-based and maqashid-oriented approach in designing post-divorce child protection policies and practices. Keywords: Qira’ah Mubadalah, Maqashid Sharia, Children's Rights, Divorce  
Co-Authors Aditya Ramadhan Afif Muamar Dede Al Mustaqim Roqiyul Ma’arif Syam