Fiqh Response Regarding the Phenomenon of Child Exploitation

Sad news comes from a young artist from Banyuwangi, Farel Prayoga. Behind his image as a successful child singer, a heart-wrenching story of exploitation is revealed. In a podcast, he admitted bluntly that he had worked hard since childhood, until the peak of his popularity was actually taken advantage of by those closest to him. Until the rupiah he collected disappeared somewhere.

Not much different from Farel, little Baim also experienced the same thing. In a podcast he mentioned that his father asked him to film until night when he was little. So how does jurisprudence respond to cases of child exploitation like this? In the KBBI, exploitation means using for one’s own benefit; suction; extortion (about human labor) Anything else is an illegal act.

In fiqh books, parents actually have the right to encourage their children to do a job, if the child is capable of doing the job. Please note that this work is not haram work or inappropriate work. As is said in the book Mugni al-Muhjej The work of Al-Khotib As-Syarbini.

The guardian has the right to force the child to earn a living if he is able, and support him from his income, and if he runs away or leaves his income on certain days. His expenses must be borne by his guardian, and if he is able to earn illicit income, such as earning money from amusement park machines, then it is like nothing, as is earning money that is not appropriate for him.

As mentioned, work that is considered decent is work that does not interfere with children’s rights to learn. Parents, whatever their condition, still have the obligation to educate their sons and daughters about the basic things that children must know, such as prayer, purification, and so on. As stated in the book Al-Majmu ‘Syarh Muhazzab:

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And fathers and mothers should discipline their children and teach them chastity and prayer, and beat them for it when they are of sound mind.” Our friend said, and the guard ordered him. By attending congregational prayers, using siwak, and all other religious rituals, and confirming the prohibition of adultery, sodomy, drinking, lying, backbiting, and the like.

Not only is there the opportunity to get a good education, a child also has the right to get enough play time. In the book Ihya’ UlumuddinImam Ghazali appealed to parents to allow their children to play as a form of rest from the fatigue of studying. The reason is that if a child is not allowed to play and forces him to continue studying, it will cause his heart to die, his intelligence to disappear, and his life will become difficult. Until he felt traumatized by studying.

After leaving the office, he should be given permission to play fun games so that he relaxes from the stress at the office, so that he doesn’t get bored playing. If a boy is prevented from playing, And his weariness to Study always kills his heart, takes away his intelligence, and complicates his life until he finds a way to eliminate it completely.

However, there are also opinions from some contemporary ulama who argue that employing children is absolutely not permitted, as is the ibarot in the book al-Moss following:

Islam calls for independence and not entrusting income to minors. Malik narrated from the hadith of Abu Suhail bin Malik from the history of his father who heard Uthman bin Affan when he was preaching and said: Do not burden a female slave who is not skilled in her craft, because whenever you burden her with it, she will get relief. And do not assign the child to earn a living, because if he does not find anything, he will steal it, and forgive if Allah forgives you, and you may be given food according to his wishes.

So what is the state’s attitude? According to Law Number 23 of 2002, exploitation is a bad action, because when children are exploited, their rights are taken away, such as the right to receive love from parents, adequate education, and the opportunity to play according to their age.

The threat of punishment for child exploitation is regulated in Article 76I jo. Article 88 of Law 35/2014 which regulates that every person is prohibited from placing, allowing, carrying out, ordering to carry out, or participating in economic and/or sexual exploitation of children. Any person who violates these provisions will be sentenced to imprisonment for a maximum of 10 years and/or a fine of a maximum of IDR 200 million.

Apart from the mistakes above, considering the maslahah and mafsadah in cases of child exploitation, and paying attention to the qoidah of fiqh حكم الحاكم يرفع الخلاف, it can be concluded that it is haram for anyone to exploit children. And also, as the color of a good country, we must also obey Ulil Amri’s orders as long as they are not immoral, moreover those orders actually bring benefit. In the book Bughyah al-Mustarsyidin explained,

(MR) said this and he hesitated about it in Al-Tuhfa, then he leaned towards making obligatory everything that the Imam commands, even if it is forbidden, but only externally, and anything other than that, if it is for the public good, then it is obligatory both externally and internally, otherwise only externally.

Wallahu a’lam.

Reference:

Mughni Al-Muhtaj, Khotib As-Syarbini

Majmu ‘Syarah Muhazzab, Muhyiddin An-Nawawi

Ihya’ Ulumuddin, al-Ghazali

Al-Masu’ah al-Fiqhiyah al-Kuwaitiyah

Bughyah al-Mustarsyidin, Abdurrahman Ibn Muhammad Ibn Husein

Author: Umu SalamahTeacher at Raudhatul Ulum Islamic Boarding School, Pati.

Editor: Muh. Sutan.