HUMAN TRAFFICKING (PROSTITUTION) INTERPRETATION OF QS AN-NUR 33

Muhammad Yusuf Agustian¹, Zulfadli Al Azimi²

UIN Sunan Kalijaga Yogyakarta

Email: [email protected]¹, [email protected]²

Abstract

This research interprets QS An-Nur 33 in the Al-Qur'an as a guideline against human trafficking, especially in the context of prostitution. These verses emphasize the protection of women's rights and prohibit sexual exploitation. The analytical method involves researching the text of the Qur'an and related commentaries. The results show the urgency of preventing human trafficking by referring to Islamic values. The interpretation of QS An-Nur 33 prioritizes the protection of women's dignity and justice, provides the basis for joint efforts against human trafficking and strengthens the protection of human rights in the context of prostitution.

Keywords: Human Trafficking, Slavery, Child Labor.

Corresponding Author: Muhammad Yusuf Agustian

E-mail: [email protected]

Introduction

Prostitution is a phenomenon that has existed for a long time in the world, including in Indonesia (Caswanto, 2016). Prostitution in Indonesia began during the Javanese kingdoms, which used women as part of the feudal system's commodities (Hamzah, 2018). During the colonial period, this phenomenon also occurred, known as nyai, for those native women who were used as concubines by Europeans in the Dutch East Indies (Irenewaty, 2016). The word 'Nyai' comes from Balinese, Sundanese and Javanese, meaning (young) woman younger sister, and is also considered a term of address. The Dutch terms for a concubine are huishoudster, bijzit, menagere, and meid. In Malay lands, the terms mistress or munch are commonly used. During the Japanese colonial period, the phenomenon of prostitution also continued, with the term Jugun Ianfu. Jugun ianfu were women who were forced to satisfy the sexual needs of Japanese soldiers in Indonesia and in other Japanese colonial countries in the period 1942-1945 (Nursafitri, 2020). The phenomenon of prostitution is still an unresolved problem. Prostitution or prostitution is a complex social problem, considering that prostitution is one of the oldest civilizations in the world and to this day still exists in our society with various new modes by taking advantage of developments in lifestyle and technology (Humulhaer, 2020). Now, everyone from toddlers to seniors is surfing the virtual world.

If you initially accessed internet cafes or at home via a telephone network, now several places provide Wifi, from government offices, private businesses, schools, campuses, airports, malls, and cafes to buses. Suppose you find it challenging to find Wifi. In that case, you need to use a modem or, more practically, via Android, iPad, or even a cellphone. The internet is no longer just a necessity but has become a lifestyle for people (Marpaung, 2018). However, like other technology products, the internet not only has positive sides, such as Email, FB, E-Learning, E-Banking and E-Government, but cyberspace also hurts the development of cybercrime, including in the field of morality, such as cyberporn, cyber prostitution, online sex and cybersex. Another crime that is closely related to prostitution is trafficking because the form and mode of trafficking that often occurs is for sexual exploitation or prostitution.

Research methods

The research methodology used by researchers is an empirical juridical method with qualitative data types. This is empirical juridical research. Empirical juridical research, which is meant in other words, is a type of sociological research and can be referred to as field research, which examines applicable legal provisions and what has happened in people's lives. In other words, it is research on actual or real conditions in society to know and find the facts and data needed.

Results and Discussion

The word prostitution comes from the Latin word prostitution, then introduced into English to become prostitution, and becomes prostitution in Indonesian (Pemayun, 2017). In the English-Indonesian Dictionary, Indonesian-English, by John M. Echols and Hassan Shadili, prostitution is defined as prostitution, prostitution immorality. In contrast, in the Webster Universal Dictionary, it is defined as "promiscuous intercourse practised by women for sexual gain", and in the article Review of the Sociology of Law Regarding the Life of prostitution in Indonesia, by Syamsudin, according to the term prostitution is defined as workers who surrender themselves or sell services to the public to carry out sexual acts and receive wages according to what was previously agreed. In Arabic, prostitution or prostitution is defined as adultery (Amalia, 2018). The word for adultery in Arabic is bai'ul irdhi which means selling honor. So, prostitution can also be called honour selling, and people who prostitute can be called honour selling. From a legal perspective, it is clear that prostitution or prostitution, according to Islamic teachings, is haram (Yanto, 2016). Haram means it cannot be done.

Moreover, if he continues to do so, he will receive legal sanctions in this world and the afterlife. Meanwhile, trafficking comes from English, which means trade. The Oxford Advanced Learner's Dictionary dictionary states that trafficking means illegal trading.

Trafficking according to the Law on the Eradication of Crimes. The word prostitution comes from the Latin word prostitution, then was introduced into English to become prostitution, and became prostitution in Indonesian. In the English-Indonesian Dictionary, Indonesian-English, by John M. Echols and Hassan Shadili, prostitution is defined as prostitution, prostitution immorality. In contrast, in the Webster Universal Dictionary, it is defined as "promiscuous intercourse practised by women for sexual gain", and in the article Review of the Sociology of Law Regarding the Life of prostitution in Indonesia, by Syamsudin, according to the term prostitution is defined as workers who surrender themselves or sell services to the public to carry out sexual acts and receive wages according to what was previously agreed. (Echols, 2022). In Arabic, prostitution or prostitution is defined as adultery. The word for adultery in Arabic is bai'ul irdhi which means selling honor. So, prostitution can also be called honour selling, and people who prostitute can be called honour selling.

From a legal perspective, it is clear that prostitution or prostitution, according to Islamic teachings, is haram. Haram means it cannot be done. Moreover, if he continues to do so, he will receive legal sanctions in this world and the afterlife. Meanwhile, trafficking comes from English, which means trade (Abdullah, 2019). The Oxford Advanced Learner's Dictionary dictionary states that trafficking means illegal trading. Criminal Trafficking in Persons (PTPPO) article 1 paragraph 1, the definition of trafficking is the act of recruiting, transporting, harbouring, sending, transferring or receiving someone with the threat of violence, kidnapping, fraud, confinement, abuse of power or a vulnerable position, debt bondage or giving payment or benefits, to obtain approval from the person who has control over another person, whether carried out within countries or between countries, for exploitation or resulting in people being exploited.

Trafficking as a practice of prostitution

Whatever the background, human trafficking is a severe human rights violation because it continuously deprives each victim of their rights (Iskandar & Nursiti, 2021). Forcing the victim to work against his will. They are kidnapped, held captive, threatened, exploited as beggars, sold for their organs, used in the pornography industry and forced to become sex workers. The victims, who are primarily women with low educational backgrounds, are very easily trapped by the lure of brokers. More astonishing data about human trafficking cases in Indonesia was released by the United States Department of State in 2010 which stated that Indonesia is the primary source country for human trafficking, a destination and transit country for women, children and people who are targets of human trafficking, especially prostitution. And forced labour. In reality, the practice of prostitution cannot be eliminated it tends to increase every year because prostitution has been considered a commodity that can provide big profits for business people. High demand gives rise to competition between business people. Competition in the world of prostitution tends to encourage business people to take shortcuts by deceiving or coercing them to get victims who suit market tastes.

Verses about prostitution and trafficking

Islam, since it first appeared in the Arabian peninsula, has given respect and raised the status of women. The provision of equal rights between men and women characterizes this. Even in the hadith of the Prophet SAW, when he was asked, "Who is the person who must be respected most?" The Prophet replied: "Your mother". This question was repeated three times and the answer was the same, namely your mother." And when asked the fourth time, "Who is the person who must be respected most?" He answered, "Your father". In a history at an assembly, the Prophet Muhammad SAW reprimanded a friend who had discriminated in treating his two children, a man and a woman. When his son came, he held him by his side. However, when a girl came, he told her to sit on the floor. Seeing this incident, the Messenger of Allah said, "Do you always do that to your children?

By Allah, if I were told to give priority to children, I would give priority to girls." From the two events above, it can be concluded that a woman in Islam receives more respect and privileges than a man. Of course, what is meant by respect and privilege here is paying attention to female children, especially in matters of their religious education. With attention and care, it is hoped that prostitution will decrease. If a woman's position in Islam is highly respected, then, of course, Islam will forbid them from throwing themselves into the pit of humiliation. Prostitution is a form of humiliation of human dignity, especially for women. Therefore, the Al-Qur'an and the Hadith of the Prophet Muhammad, which are the primary sources of Islamic Law, both forbid the act of adultery or prostitution. The following verses from the Qur'an discuss prostitution and trafficking, including the Qur'an Surah and Nur verses 30 ï¿½ 33. The author chose these verses considering the presence of elements of prostitution and trafficking in the content of the verses. The editorial of this verse is:

وَلْيَسْتَعْفِفِ الَّذِيْنَ لَا يَجِدُوْنَ نِكَاحًا حَتّٰى يُغْن God bless you مِمَّا مَلَكَتْ اَيْمَانُكُمْ فَكَاتِبُوْهُمْ اِنْ عَلِمْتُمْ فِي God willing مْ ۗوَلَا تُكْرِهُوْا فَتَيٰتِكُمْ عَلَى الْبِغَاۤءِ اِنْ اَرَدْنَ God willing كْرِهْهُّنَّ فَاِنَّ اللّٰهَ مِنْۢ بَعْدِ اِكْرَاهِهِنَّ غَفُوْر ٌ رَّحِيْمٌ

Moreover, those who are unable to marry should maintain their (self) chastity until Allah gives them the ability with His grace. Moreover, if the servants you have want a covenant (freedom), you should make a covenant with them if you know there is good in them and give them some of the treasures of Allah that He has given you. Moreover, do not force your female servants to commit prostitution. At the same time, they desire purity because they want to seek worldly profits. Whoever forces them, then indeed, Allah is Forgiving, Most Merciful (to them) after they are forced.

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In Surah al-Nur, Allah mentions several laws regarding people who do not protect their private parts. Such as women committing adultery and men committing adultery, as well as other matters related to maintaining genitals. For example, accusing people of committing adultery, orders to restrain views that are an incentive to commit adultery, orders to people who are not yet able to marry to protect themselves, and the prohibition on forcing girls to commit adultery. Forced to commit adultery or prostitution is a form of trafficking crime.

In this verse, Allah commanded the Prophet Muhammad SAW to instruct those who believe to prevent their eyes from seeing what Allah has forbidden and not to see or look at anything that is forbidden to see except what He has permitted to see. Moreover, if you accidentally see something forbidden to see, look away immediately. The word ( یغضوا ) yaguḍḍū is taken from the word ( غض ) ghaḍḍa, which means "subdue" or "reduce". What is meant here is to divert the direction of the gaze and not to fixate the gaze for a long time on something that is forbidden or not good. Moreover, it has become a thing. It is commonplace that views are the main factor in the emergence of adultery. For example, a person who often looks at a woman's beauty can sometimes create a feeling of liking in his heart, possibly leading to destruction. What this means is that it starts with the view, then it can continue in a direction that can cause lust, which leads to adultery.

Then, the meaning of the word of Allah SWT ( wayahfazu furujahum) is to protect one's private parts, the meaning is to cover them so that they are not seen by people who are not lawful for them. Islam prescribes this, intending to build a clean Islamic society after building a clean household. Male and female humans are given sexual desire (sex) so that they do not become extinct and disappear from the face of this earth. Men need women, and women need men. Males need females, and vice versa. However, society is given reason, and reason itself wants orderly and clean relationships. Lust is a necessity of life. However, if lust is not controlled, then the depravity is very difficult to resolve.

In the previous verse, it was explained that the view of something that has the potential to cause lust and encourage acts of adultery or prostitution, then the next verse explains the order for believing women to cover their private parts and not reveal the beauty of their bodies except to their husbands and other people. -people who are forbidden to marry forever. The command to men to guard their gaze and look after their genitals, as well as the command to women to cover their private parts and not show their beautiful body curves, which could stimulate the opposite sex, is an effort so that we do not fall into the act of adultery or prostitution, because Allah SWT has even forbidden it. Approaching things that lead to adultery, let alone committing them. As stated in the Qur'an, surah al Isra' verse 32:

وَلَا تَقْرَبُوا الزِّنٰىٓ اِنَّهٗ كَانَ فَاحِشَةً ۗوَسَاۤءَ سَبِ يْلًا

Moreover, do not approach adultery; (adultery) is truly a heinous act, and a wrong way.

The prohibition on approaching is more profound than the prohibition on doing because this means that everything that leads to it is also prohibited. As Quraish Shihab provides an interpretation of the verse: "Do not approach adultery by doing things that lead to it. Because adultery is a heinous act whose evil is obvious, that path is the worst." At the end of Surah An Nur verse 31, it is good to underline two things, namely: The Al-Qur'an prohibits all passive or active activities carried out by someone if they are suspected of causing sexual stimulation towards the opposite sex. Whatever the form of activity, even the sound of ankle bracelets is prohibited if it can stimulate someone other than the husband. There is no bargaining here.

In the 33rd verse of An Nur's letter, there is a critical word that can be used to explain the connection between acts of prostitution and trafficking crimes, namely the word ( البغاء ). In interpreting Surah an-Nur verse 33, Quraish Sihab said that the word ( البغاء ( al-Bigha is mashdar (invented word) from the verb ( باغى ) baagha which takes from the word ( بغي ) bagha, which among other things means going beyond limits. If the perpetrator of this word is a woman, it shows that she is a woman whose profession is adultery. As a profession, it happens many times and is accompanied by material rewards. Women who do it are called ( بغیة ) baghiyyah. M. Quraish Sihab, in understanding this verse, also uses or uses a rule approach, God willing (The standard or point of reference is the general pronunciation, not the specific reason). The above method means that the verse applies to the perpetrator and anyone as long as the editorial used in the verse is general (Rokhmah, 2019). For this reason, it needs to be underlined that what is meant by specifically as-Sabab is only the perpetrator, while what is meant by a general editorial must be related to the event that occurred, not apart from the incident. From the explanation above, it can be understood that if a verse was revealed for a specific reason. At the same time, the lafadz contained in the verse is general. The Law adopted refers to the generality of the pronunciation, not the cause's specificity. In other words, the Qur'anic argument, which is the legal reference, does not refer to the specificity of the cause or event which caused the revelation of the verse but refers to the general pronunciation of the verse. This is because the incident that caused the revelation of the verse was just a hint (instruction) and not specific.

Asbabun Nuzul surah an Nur verse 33

In another history, it is stated that 'Abdullah bin Ubay ordered his female servants to prostitute themselves and asked for a share of the proceeds. So the continuation of this verse came down (QS: 24 An-Nuur: 23) as a prohibition against forcing Jariah to prostitute themselves to make a profit. (Narrated by a Muslim from Abu Sufyan sourced from Jabir bin 'Abdillah)

In the lead al-Bigha', in terms of its meaning, it goes beyond limits. However, when this lafadz is used for women, it means a profession that is done many times and goes beyond limits. So, according to Quraish, the generality of this fad is interpreted as prostitution or prostitution or something that goes beyond the limits. Looking at the word al-Bigha' itself, if it is addressed to women, it means a profession, where the profession here is as a prostitute and is done many times, either forced or voluntarily and that too by getting money or a salary. Trafficking has existed since before Islam because, in its definition, trafficking itself is sales, coercion or exploitation. Allah SWT calls the act of adultery or prostitution with three characteristics: Fahisyah (a vile act) and sa'a sabil (the worst path) combined in one verse.

Moreover, maqtan (hated) is in another verse. First, the word "fahisyah" gives a hint that adultery or prostitution has the impact of destroying the family and causing conflict, both of which will cause damage to the social order. Second, al maqtu, women who commit adultery will be shunned and considered dishonourable in the eyes of the public. This kind of thing will cause a lack of comfort and affection for the woman. Third, Sa'a Sabila, there is no difference between animals and humans if there is no official relationship, namely a relationship that means women can only be owned by certain men. Adultery can tarnish a woman's chastity; adultery also makes us unable to differentiate between men from the human species and men from the wild animal species.

The estuary of discussion related to human trafficking (prostitution) Interpretas to QS An-Nur 33 is trafficking itself has the meaning of threat violence, use violence, kidnapping, imprisonment, fraud, abuse power or position weak, ambush or For objective exploit or causes people to be exploited in the or between countries, as consequences and gains present or benefit For agreement beginning with people who have control over other people.

Clear that definition on that trading man is crime humanity is not can be tolerated. Emergence breaks joint life Because fundamental Human rights are violated, among other things, quick freedom and rights to admit as an exclusive status to live side by side Together (Anwar, 2023). So far, human trafficking is often misunderstood as illegal people smuggling. That is the meaning of human trafficking. Alone more from that, the perpetrators often positioned their victims from one area to another area with No feel sinful even a little bit. Being victims of human trafficking means people are being exploited through violence, fraud, and coercion. The perpetrators scooped up a profit from the victims using the method of selling them to become worker sex or workers force (Tanesia, 2013).

Surah An-Nur verse 33, Allah mentions some laws about people who don't care about sex. Other related matters with the maintenance of intimate parts, like that Woman adultery and men committing adultery. For example, accusations of adultery against people, orders to protect people who have not married, and prohibitions forcing child Women to commit adultery. Adultery and rape prostitution are one of the forms of trading man.

Conclusion

The interpretation of QS An-Nur 33 in the Qur'an underlines the urgency of fighting human trafficking, especially prostitution, by emphasizing the protection of women's rights. These verses serve as moral and ethical guidelines for preventing sexual exploitation and upholding justice. In conclusion, through an Islamic values approach, the interpretation of QS An-Nur 33 provides a solid basis for joint efforts to combat human trafficking and ensure the protection of human rights, especially in the context of prostitution.

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