Pembagian Harta Warisan Anak yang Lahir dari Perkawinan Beda Agama Menurut Hukum Islam

Abstract

This study aims to analyze the status of children born to interfaith couples in the distribution of inheritance under Islamic law and to examine the forms of legal protection that can be provided if such children are prevented from becoming heirs due to religious differences. The research method used is normative jurisprudence with a legislative and conceptual approach. Legal materials were obtained through a literature review of the Qur’an, hadith, the Compilation of Islamic Law, the Marriage Law, the Civil Code, and relevant legal literature. The research findings indicate that a child born from an interfaith marriage does not automatically lose the right to their parents’ estate. If both the child and the decedent are Muslim, the child may inherit provided they meet the requirements of Islamic inheritance law. However, if the child belongs to a different religion than the Muslim decedent, they are barred from inheriting directly. In such circumstances, protection for the child can be provided through a gift, a will, or a mandatory bequest. Thus, Islamic law maintains the normative principles of inheritance while also allowing for resolutions oriented toward the public interest, justice, and family harmony.