Senin, 24 Juli 2017

Islamic Journal

CHILD WHO WORKS AS STRIPPING ACTRESS
ACCORDING TO ISLAMIC LAW

Aqlisty Nia Chandra
STAI Pati

ABSTRACT
This study aims to determine whether child who work as stripping actress are belong to child exploitation and to describe the position of child stripping actress according to Islamic law. In Indonesia, many TV stations broadcast stripping film or daily film which need some children as the stripping actress. This child is someone aged 18 (eighteen) years and under, who work as actor/actress for daily broadcast with the help of their family. In Islam, parent have obligation to give livelihood and education toward their children. The children who work as stripping actress will have difficuties to manage their time. When the children don’t have enough time to get education and their work danger their health, it is included as child exploitation. Meanwhile, if the parent can maintain the time of their children to get education and enough time to do activities as their age, it is not included as child exploitation. The child is also ordered to devote both parents. According to Islamic Law, parent can consume the wealth of their children properly if they are poor. In this case, when both parents  was unable to support his family, the obligation to provide a living can be switch from the parents to the children who have the ability. Therefore, child who work as stripping actress is allowed as long as it doesn’t interfere their health and education.

Keywords: child,  stripping actress, Islamic Law

ABSTRAK
Pemahasan tulisan ini bertujuan untuk mengetahui apakah anak yang bekerja sebagai artis stripping masuk dalam kategori eksploitasi anak dan untuk mengetahui pandangan Islam mengenai hal ini. Di Indonesia, banyak stasiun TV menyiarkan sinetron stripping atau film sehari-hari yang memerlukan beberapa anak sebagai artisnya. Anak ini adalah seseorang yang berusia 18 (delapan belas) tahun kebawah yang bekerja sebagai aktor / aktris untuk siaran setiap hari dengan bantuan keluarga mereka. Di dalam Islam, orang tua berkewajiban untuk memberikan penghidupan dan pendidikan terhadap anak-anaknya. Anak-anak yang bekerja sebagai artis striping mengalami kesulitan untuk mengelola waktu mereka. Ketika anak tidak memiliki cukup waktu untuk mendapatkan pendidikan dan kesehatan dikarenakan pekerjaan mereka, hal ini masuk dalam kategori eksploitasi anak. Sebaliknya, jika orang tua dapat mengatur waktu anak-anak mereka untuk mendapatkan pendidikan dan cukup waktu untuk melakukan kegiatan sesuai usia mereka, hal ini tidak termasuk sebagai eksploitasi anak. Seorang anak juga diperintahkan untuk berbakti kepada kedua orang tuanya. Menurut hukum Islam, orang tua diperbolehkan menggunakan kekayaan anak mereka dengan baik jika mereka miskin. Dalam hal ini, jika kedua orang tua  tidak mampu untuk menghidupi keluarganya, kewajiban untuk memberikan nafkah dapat beralih dari orang tua kepada anak-anak yang memiliki kemampuan. Oleh karena itu, anak yang bekerja sebagai artis striping diperbolehkan asalkan tidak mengganggu kesehatan dan pendidikan mereka.

Kata kunci: anak, artis striping, hukum Islam

Introduction
Nowdays, television gives  big impact to the society. Many tv stations provide stripping film which can be watched everyday. Private TV stations also compete to get the highest ratings to show  it. This involves the actress and actor both senior, newcomer or even  a child actress who more dominate in stripping film. The stripping film is aired every day, so that the actress almost perform every day especially for the main character. They spent almost of their time on location to learn the script, act and break after take a shoot.
Children  who work as stripping actress will affect their education and health of physical and psychological. They can not make decisions for themselves and make choices for life. All decisions are still depend or can not be separated from the role of their parents. The parents should not only think of financial needs, but also their needs as a child who still needs to play and learn. Child is part of the younger generation as one of the human resources that have a strategic role in the formation of a family for the better, so that it requires guidance and protection in order to ensure the growth and development of children, whether physical, psychological, mental and social development. Therefore, it needs considerable attention from a family to the children who are able to assume responsibility for a family with children who still need the responsibility of the family.
Children are enormous blessings from Allah; at the same time they are trust from Him to us. The ultimate aim of preserving that trust is to do our best to protect them from hell-fire in the hereafter, “O You Who Believe! Protect yourselves and your families from that fire, whose fuel will be humans and stones.” (Al-Qur'an: 66: 6). All children, not just orphans, come into the category of vulnerable. Their parents and society as a whole need to ensure they are looked after, not only because children have intrinsic rights, but also it is because muslims have a duty to be charitable. Islam regards that safeguarding children's rights is important. Therefore, the purpose of this study include: (a) Are children stripping actress belong to child exploitation?; (b) What is the position of the Islamic law when children work as stripping actress?

Definition of Child Stripping Actress
Stripping is a term known in the world of television involves a serialize and aired every day (at least Monday to Friday) on certain TV stations and at certain hours.( Christ: 2011). Stripping began widely known in Indonesia after RCTI broadcast her series. One episode that is normally done during 4-6 days can be completed within one day. So no wonder that a job as stripping actress burdens physical and psychic, especially when viewed from the accumulation of work hours required during the process of completion. The day they worked at least 13 hours and, if necessary,it can be reached 24 hours a day even more. This is a way of working that will never be found in the world of employment.
Meanwhile, to define or classify someone can be said as a child, certainly it very closely related to the age limit of a child himself. There are various definitions of a child raised by the Islamic scholars, such as in term of "al-rusy "or has intelligent , " Aqeel "or intelligent, "al-tamyiz "or intelligent and the term" puberty "or" mature". (Satria Efendi, 2004)
The Qur’an describes the concept of limitation of children as stated in QS. An-Nisa ': 6): "and test them until they are old enough to marry then when do you think they have been smart (smart maintaining property), then hand over to them their treasures. But consume it not wastefully and (do not) hasty (spending) before they mature. whoever (among the maintainer) is rich, then let him refrain (from consuming the property of an orphan) and whoever is poor, let him have for himself what is just and reasonable (according to his work). then if you present a treasure to them, take witnesses (about handing it) for them. and Allah is enough as a Supervisor (on the testimony it).
Based on the verse above, it can be concluded that limits a child who is able to have property is when children have been smart. Then their families should submit the  whole property because the child had seemed the perfection of his mind (as an adult).  Therefore, no definite provisions regarding age limits a person can be said as a child, then a lot of understanding of children and their classification of children published in some Islamic literature. According to Imam Shafi'i in his book, al-Umm explained that a child may be charged to a law when his age is 15 years. (Al Syafi’i, 2010:75) He interpreted the letter that is said in al-Isra 'verse 6 with the letter al-Nur verse 197 by comparing to a history of the hadith which explains that God has obliged jihad, then the Messenger ordered those who had aged fifteen years for jihad, including ibnu Umar, who has reached the age of 15 years.
 In other case, Al-Ghazali as described by Zainuddin, et al make classification or categorization of children based on the development and growth of children. He assumed that the child was divided in 4 (four) times: first, "al-fetus" is the level of the child in the womb. Second, "al-thifl" is the level of children by extending the exercise so knowing good and bad. Third, "al-tamyiz" is the level of children who have distinguished something good and the bad, even the resourceful mind has evolved. And the fourth "al-Aqil" is the level of humans who have a perfect understanding. Of these four classifications, the definition of a person can be said is the child until it reaches the stage of "al-Aqeel," meaning that the child could have been and can be burdened with the law. (Zainuddin, 1991:69)
Meanwhile, Shaikh Khalid Abdurrahman defines a child as a person aged 18 (eighteen) years and under. He classified the children at four stages: first, the stage before birth. Second, childhood stage first, this stage starts from the beginning of care until the age of 7 (seven) years. Third, the childhood phase two, which starts from the age of 7 (seven) years up to the age of twelve (12) years. Fourth, the stage of puberty starting at the age of 12 (twelve) years up to the age of 18 (eighteen) years. Classification of the child ends at the age of eighteen who has been able to assume responsibility. (Syaikh Khalid Abdurrahman, 2010:7-8)
Then, it can be assumed based on the classification above that the child stripping actress is a person aged 18 (eighteen) years and under who work as actor/actrees in daily film. This child acts for daily broadcast with the help and permit of their family. The number and age of the children are also varied as the stories’ need in the film.
Rights of Children According to Islamic Law
In Islam, there are right and responsibilities of parent toward their children. Although the child has own money from his/her job as stripping actress, parent also should give attention to the child rights. The obligations that must be met parents to the child, such as getting good living and education.
Children Right for Livelihoods  
Related to the position of children in family law, can not be separated by three subsystems (marriage, custody, and inheritance) within the scope of family law itself. Each other very closely correlated. All three subsystems to one another can indeed be distinguished mainly in terms of the law he had learned, but in practice can not be separated from one another. In the case of inheritance, for example, may not be released from the marriage that led to a mutual right of inherit  and the marital relationship because of nasab (blood relations). Similarly, between marital guardianship, it will be born from the marriage of a child and the child born of the marriage certainly has a number of rights and obligations to their parents.
Basically a child or a trust of Allah SWT must be maintained and nurtured earnestly by both parents. The maintenance of children is not only done in small time, but continue into adulthood (Rushd), especially for girls until marriage still depends on trust of the parents in this case  father or a close family. (Sayyid Sabiq, 1980: 173). Parent should educate their children to become useful human in the world and the hereafter, instructive and useful sciences. In the provision of Article 106 paragraph (1) and (2) and Article 104 and Article 105 of the Islamic Law Compilation fully described on the rights and obligations of parents towards their children, even though divorce. According to article 98 paragraph (1) the age limit of children who are able to stand alone or adult is 21 years, as long as the child is not physically or mentally deformed or have never been into marriage. Paragraph (3) a religious court may appoint one of its closest relatives were able to fulfill those obligations if both parents can not afford.
Allah stated in this verse: "Mothers shall suckle their children for two full years, that is for those who want to enhance breastfeeding. And the obligation to feed and clothe the father to the mother in a way that ma'ruf. Someone not burdened but according to levels of ability. No mother suffered misery for her son and a father for his son, and heir shall be chargeable so ... "(Q. s., Al-Baqarah: 233)
Islam gives more attention to the fulfillment of children's rights. Because the child is a gift, and the gift of God which is very valuable to a family, according to the explanation of the Qur’an that describes the child as zinatun (decoration) in addition to treasure. The rights of children are meant to be the responsibility of the parents especially those in living matter. Islam requires parents, in this case the father, to take charge of their living children, whether in the form of clothing, food, housing, education costs, and other costs required child until he reached the age to live alone if he was a boy and until the child gets employment opportunities, which it has been able to physically and psychologically. If she was a woman until she married. In addition, children also have an obligation that must be fulfilled to both parents as well as the rights of both parents.
Regarding the obligation of parents to fulfill the rights of children living has been described in several verses of al-Quran and al-Sunnah. One of them is the word of Allah the letter at-Thalaq verse 7, it means: "Let those who are able to give a living according to his ability. and the narrowed livelihood let make a living from the treasures that God had given him. Allah does not impose a burden on anyone, but merely what God gave him. Allah will soon give spaciousness after narrowness ".
The interpretation of the verse above by al-Qurtubi, as quoted in a book issued by the Ministry of Religion "Tafsir al-Quran Thematic", states that should the husband (father) to provide for his wife and children (family) are still small in accordance with the capabilities. This verse became a basic obligation to support the child's father. In the condition of the father is not able to support his or her income to child’s need, the experts (jurists) Islamic law obliges other parties, such as the nearest relatives or Baitul Mal to bear, but not abort responsibility or liability of father and regard it as a debt to be repaid if there is ability.  There are provisions on the terms of a father obliged to provide for their children, namely:
a. Children who need livelihood (indigent) and unable to work.
b. Father has wealth and power provide for the backbone of life.
c. Children in education period, meaning that with the income of the family, especially his father, the child's education will be easy.
On the basis of these conditions, if the child until the age of indigent been able to work, and there are no obstacles to work. Meanwhile, if the child has reached the age to work was obstructed for work, then the father remains under an obligation to provide for her children. The description applied to boys, while girls are charged to the father to provide for until she married, unless the child already has a job to support her, but she should not be forced to work for a living. When he married, then moved to her husband's obligation to make a living. If a husband and daughter had passed away, then back to his father living obligation as a state at the time before marriage. (Abdul Majid, 2005: 626)
Scholarly agree that if the father in indigent circumstances, but was able to work and really have to work, but their income is insufficient, the obligation to provide for their children do not fall. When the children's mother-enabled, it can be ordered to meet living children, but the living is calculated as debt father. (Tihami, 2010: 170)

Children Right for Education
There is a dichotomy between the rights of children to get an education and make a living from his parents in terms of responsibility of children to their parents. In connection with parents, children are often positioned in a position subordinate, which is seen as being not yet have the ability to determine their own fate, in fact there are violation of his rights. This often leads to confusion among which is the right of children and which is the obligation of the child. The right to education just ignored by the adage that a child is obliged to assist the elderly. (Muladi, 2005: 210)
Islam provides liability to children's education over to the mother, in the womb, childbirth, and accompany her days to adults, but there is also a statement that the educational success of children is the result of a great collective work between husband and wife. Both sides must have some knowledge and practical skills sufficient to carry out the education of children. (Cahyadi, 2006: 316-317) In the literature of Islam, Imam Shafi'i, as quoted by Mansur explained that the family is obliged to provide a living to their children, besides the cost of education is also charged to the child itself to meet its needs if he is able, whereas if the child can not afford it full obligations exist on both parents, especially the father.  (Abdul Qadir, 2012: 45)
The jurists define hadhanah as maintenance actions to the children who are still small, whether male or female, or who is already big but not mumayyiz yet, providing something  that makes his kindness, keeping of things that hurt and damage, educate physically, spiritually and minds, so  they can faced the problem and have responsilbility. (Khalid, 2006: 215-216) The concept hadhanah / parenting in Islam about the fulfillment of children rights are still small. Because they need supervision, custody, execution of affairs and those who educate. Mother is the most preferred in undertaking this care. Even Sayyid Sabiq, the expert of Islamic law says that hadhanah in Islam is a collective obligation, if a mother can not afford in this hadhanah accordance with the objectives outlined in it could be run by those who are more competent. These are all contained behind the meaning of the maintenance and education of children wasted.
Children are entitled to compulsory education free of charge at least primary school level. They must be educated to improve the general knowledge, and that allowed them on the basis of equal opportunity, to develop his abilities. Educational interests of children should be used as the basis of guidance by parents who are responsible. And children should have opportunities to play and be creative flexibility that should be redirected for educational purposes. (Abdul Hakim, 1986: 19)
According to Abdul Majid Mahmud Mathlub, there is a very close relationship between the enjoyment of the right to education of children with Rasul hadith that explains "Demanding science is obligatory for every Muslim and muslimat". According to him, this hadith explains the importance of education, could not mandatory word "Faridhatu" to the not so important, so that the fulfillment of children's right to a decent education must be met by a family.(Abdul Majid, 2005: 626)

The Category of Child Exploitation
Child exploitation is the act of using a minor child for profit, labor, sexual gratification, or some other personal or financial advantage. Child exploitation often results in cruel or harmful treatment of the child, as the activities he or she may be forced to take part in which cause emotional, physical, and social problems. Unfortunately, there is a large market and interest in using children of all ages for cheap labor, sexual purposes, child pornography, and other purposes. In this case, the category of child exploitation belongs to economic or financial advantage and getting popularity in the society.
Economic exploitation of a child, also referred to criminal exploitation of a child in the use of a child in any way for economic gain. This often includes child labor, child slavery, child sex tourism, and even the sale or illegal adoption of children for profit. The concept of employing children is always associated with their business or purpose to gain an advantage for certain parties. The effort in some literature called exploitation. This regard, the work done had violated the rights of children and by some looked at as a serious violation, as included in the category of organized crimes against humanity. The kinds of children exploitation that occurred was done by certain parties to employ children under the age whose goal is to earn a profit. Moreover, the exploitation that occurs mostly through parents also own reasons for helping parents as family breadwinners. It can be some many reasons such as because of economic conditions,  many children, child education and the weak parent, so the moral is no longer a big problem that must be addressed. (Mufidah, 2008:339)
Such a review of Islamic law against child exploitation, there is a difference scoping of age in determining when a child capable of receiving and done perfectly. Although a child aged under 18 years are allowed to remain in work but in principle still have to be met any rights attached to them as a duty shared by the community, government, and all the elements. As Islam gives great attention to the child as the generation that is alive today and the forerunner of future generations on the one hand and the emphasis on the importance of the quantity and quality of the people.
In this paper, child exploitation are the children who work and was employed by their family (parents) to meet the family needs and popularity. Parents usually employ the school-age children with different work motivation in order to meet the family needs or the family income and popularity so that the needs of children and the right of education is not being met. The children who work as stripping actress  in daily broadcast can be included as child exploitation when they get trouble with their health, education and time to do activities as their age. On the contrary, it is not included child exploitation as long as the parent can manage the time of their children to get education and other children need.

Children as Stripping Actress in Islam
Children who have a job in daily broadcast will get much money and popularity from their profession. Al Qur’an ordered that children do ma'ruf against both parents. Ma'ruf word, means that it should not happen when child enjoy live well but let both parents in a state of indigent and need help to replenish their needs. So it is not worth  when parents  beg to other relatives, while their children are capable enough to provide a livelihood of his parents. Livelihood in some literature refers to  "nafaqah al-ushul" means only devoted to the father and mother, even though al-ushul includes the father, mother and so on upwards. (Abdul Majid, 2005: 630) In this case, livelihood can be from the wealth of the child who work as stripping actress.
According to Al-Sa'id Hawwa in Islam, there are the rights of both parents that their children must be met, namely to do good and dutiful to both. Scope meaning of those two words included in it helps to provide a living, to serve and obey. Although no responsibility or liability for the child to both parents in the form of a living, but there is information that a child should be able to fulfill it, and if the child is not able then there is the right of both parents to get help from a close relative. (Sa’id, 2002: 469) Children have right to get education so they are not burdened to have a job that will interfere their health and education. When the child is still small and in education period, the liability is transferred to the other relatives of the mother or father. (Tihami, 2013:173)
There are several provisions on the right of parents related to child duty in Islam. One of them is the obligation of providing for the elderly who have trouble living. The scholars have agreed that livilihood of indigent parents who are not wealthy should be given from the child wealth as a tribute and more noble to the old man. As for the legal references contained in the Qur’an and Hadith. One was the Word of God in the letter al-Isra' verse 23:
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Meaning: "And your Lord has commanded that you worship none but Him, and that you be dutiful to your parents. If one of the two or both of them attain old age in your life, then let not you say to the two words "ah" and do not be shouting at them and say to them a noble word. "  
The Qur’an above describes liabilities children to be kind to parents, such as giving the wealth of the child to his parents when they need. In Islam, it is not burdened with the obligation for the child, unless he is already an adult, although the extent of respect for parents. The verse in the Qur'an letter al-Isra verse 23 and 24 explains that children should respect their parents and reluctant depend on the extent to which parents are able to educate and bring awareness to honor his parents, so that the transitional liability applies living. (Abdul Hakim, 1986: 12-13) The children should obey their parent when parent asked them to work as stripping actress in case it is good for their life. There is the narrators of Hadith of Ibn Majah, as the Prophet as follows:
Meaning: "Jabir bin Abdullah said," One man said, "O Messenger of Allah, I have wealth and children, while my father was also in need of my possessions." Then he said: "You and your wealth belong to your father." (HR. Ibn Majah) 
In the case of parental rights, scholarly (four priests schools and others) have argued, as quoted by Sayid Sabiq (2006: 55) that the living parent is the duty of his children, but with some conditions. There are some provisions for parents who receive income from his son. First is both parents in a poor condition and unable to earn a living for the elderly or sickly. However, according to followers of the priests, Hanafi and Syafi’i, explain that the child is still obliged to provide a living to the parents whether they are rich or able to seek sustenance. The reason is the word of Allah Surat al-Isra 'mentioned above. Meanwhile, Maliki and Hanbali argued that the child is not obliged to provide livelihood for his parents who are capable to find sustenance. Second, the son has the ability to provide for his parents. According to scholarly, living given to both parents is the excess of the needs of children. School thought of  Hanbali requires that the obligation to provide for the elderly is one of the heirs, meaning that the cause of their livelihood because their relationship is mutually inherited. Provisions regarding terms both parents the right to make a living from their children due to the marital relationship in a coherent will lead to their offspring relationship to his children as a result of their earlier marriage.
Regarding the release of a living from parents to their children, there are several requirements. According to the imam Shafi'i, the obligation to provide a living that there are three conditions, namely the indigent and small, indigent and disabled, indigent and insane. In this case, if both parents (father and mother) was unable to support his family, the obligation to provide a living to switch from the parents to the children who have the ability, as well as the fulfillment of the three conditions. (Wahbah Zuhaili, 2010: 62)
The obligation to obey parent who led the child as stripping actress are included in the implementation of orders in the Qur’an for children to do good to his parents. As Allah says in the letter Luqman: "And if they force you to worship beside to Me something that you have no knowledge about it, then do not follow them, and behave both in the world kindly, and follow the path of people who come back to Me, and then only to receive from Me return, so I preached to you what you did ". (QS. Luqman: 15) This verse instructed the children to do the good with both parents. The word can be interpreted ma'ruf should not to place a child enjoy affluent lives, but let both parents in a state of indigent and need help to replenish their needs.
According to Jumhur Ulama, as quoted by Tihami (2010: 172-173) that the obligation of a child to provide livelihood for parents regardless  whether the parental authority (able to work but indigent) or not. Liabilities provide for the elderly will be void if the child is unable (indigent) or are still small, so the imposition of living obligation move to close relatives, if the close relative is also in indigent circumstances, then such liability is transferred to Baitul Mal of the Muslims.
Removing the responsibility of living is closely tied to the conditions and provisions regarding mandatory requirement of living. In this case, the scholars have put a limit on that obligation on the person's income (both father and son) and those eligible for a living. Moreover, Islam has required that a child charged to the income of both parents, and income of both parents is an obligation to their children. Although each between a child and his parents have been given a load in the fulfillment of living, but the burden of the liability is subject to certain conditions and terms outlined in Islam.
As such provisions as described by Wahbah Zuhaili that the first condition, the father is an old man who has the burden of the obligation to provide for her children with the condition, and that the parents are classified as people who are able to provide for or able to work (as the opinion of the majority of jurists ). While transitional living imposed on children against their parents, as illustrated in some of the terms and conditions as described by Ali Hasan, i.e if the child is able to work while parents in the state of indigent and unable to work to earn a living or sickly. However, according to one of the Hanafi and Shafi'i opinion, that the child remains obliged to provide for his parents were wealthy and able to work, while according to Maliki and Hanbali states children are not obligated to give a living when their parent capable. (Ali Hasan, 2006: 226-227)
Beside of economic purpose, parent also have other motivation to make their child become an actress such as getting popularity and showing their talent. In this case, children who work as stripping actress are allowed as long as it is safe for them. Money that children got as stripping actress can be used to child living. Then the parents can consume it in a good way. Although the child has been work as an actress, it does not mean that the obligation of parent has removed. The obligation of parent in giving livelihood to children who work as stripping actress can be switched or removed if the parent are poor or not capable.

CONCLUSION
Many TV station broadcast stripping film which need some children as the stripping actress. This child is someone aged 18 (eighteen) years and under who work as actor/actrees for daily broadcast with the help of their family. Their parent have obligation to give livelihood and education toward the children.When the children don’t have enough time to get education and their work danger their health, it is belongs to child exploitation.On the contraty, if the parent can maintain the time of their children to get education and enough time to do activities as their age, it is not belong to child exploitation. In Islam, there are right and responsibilities of parent toward their children. The obligations must be met parents to make a living for children as well as children's right to get education. In Al Qur’an, the children ordered to devote both parents. Parent can consume the wealth of their children properly if they are poor. According to Imam Shafi'i, the obligation to provide a living that there are three conditions, namely indigent and small, indigent and disabled and indigent and insane. In this case, if both parents (father and mother) was unable to support his family, the obligation to provide a living to switch from the parents to the children who have the ability, as well as the fulfillment of the three conditions. Therefore, child who work as stripping actrees is allowed as long as it doesn’t interfere their health and education.

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