PERLINDUNGANHAK WARIS YANG TIDAK DIAKUI TERHADAP ANAK DARI PERKAWINAN KEDUA BERDASARKAN HUKUM WARIS ISLAM

Abstract

This research aims to analyze the legal protection of inheritance rights for children from a second marriage that is valid both religiously and legally, but who face discrimination or neglect from other heirs. In Islamic inheritance law, the validity of marriage is the main determinant in establishing lineage and status as an heir; thus, there is no dichotomy of rights between children from the first or second marriage. The research method used is normative juridical with a legislative and doctrinal approach thru the study of the Qur'an, Hadith, and the Compilation of Islamic Law (KHI). The research results show that the neglect of inheritance rights for children from the second marriage is a form of violation of Islamic justice principles and clearly contradicts Article 174 of the KHI. This study concludes that repressive legal protection efforts are needed thru dispute resolution mechanisms in religious courts and strengthening inheritance law literacy for the community to ensure fair and balanced inheritance distribution.