INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE
Vol. 7 No. 2 (2026): International Journal of Cultural and Social Science

PROTECTION OF UNRECOGNIZED INHERITANCE RIGHTS FOR CHILDREN FROM A SECOND MARRIAGE BASED ON ISLAMIC INHERITANCE LAW

Tarigan, Ananta Alwabina (Unknown)
Iqbal, M. (Unknown)



Article Info

Publish Date
12 Apr 2026

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.

Copyrights © 2026






Journal Info

Abbrev

ijcss

Publisher

Subject

Humanities Environmental Science Languange, Linguistic, Communication & Media Library & Information Science Social Sciences

Description

International Journal of Cultural and Social Science (IJCSS) is an International Journal covering various social science fields, including culture, sociology, communication, politics, and information literacy. All articles submitted in the English ...