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All Journal Syarie: Jurnal Pemikiran Ekonomi Islam Legitima: Jurnal Hukum Keluarga Islam
Aditya Ramadhan
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
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.
PENERAPAN HAK KHIYAR SEBAGAI INTRUMEN PERLINDUNGAN HUKUM KONSUMEN DALAM EKOSISTEM TRANSAKSI JUAL BELI ONLINE DI RISE STORE Aditya Ramadhan; Nurlatifatusolihah
Syar'ie: Jurnal Pemikiran Ekonomi Islam Vol. 9 No. 2 (2026): Syar'ie
Publisher : Institut Binamadani Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51476/q7a3wa65

Abstract

This study aims to analyze the application of khiyar rights as a legal instrument for consumer protection in the online shop transaction ecosystem, particularly within the return-refund mechanism at Rise Store. The method employed is qualitative with a case study approach that integrates normative and empirical law, conducted through observation, interviews, and document analysis of DSN-MUI fatwas and Asy-Syathibi's maqashid syariah framework. The findings reveal that Rise Store has fulfilled a number of formal requirements for electronic contracts (akad elektronik); however, it applies exoneration clauses (klausula eksonerasi) that entirely nullify the buyer's khiyar rights for digital products that have already been accessed by the buyer, thereby contradicting the provisions of the fatwa and violating all three levels of maqashid syariah: hifzh al-mal at the dharuriyyat level, the spirit of hajiyyat which aims to relieve consumer burdens, and the tahsiniyyat standard of just and ethical commerce (muamalah). This study concludes that khiyar rights are not merely a technical provision of Islamic jurisprudence (fiqh), but rather a fundamental protective instrument that needs to be transformed into a Sharia-based clause model and standard operating procedure (SOP) in order to create a just and equitable digital trade ecosystem in Indonesia.
Co-Authors Afif Muamar Dede Al Mustaqim Nazula Alfirahmah Nurlatifatusolihah Roqiyul Ma’arif Syam