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.
