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October 19, 2025Pena Justisia Media Komunikasi dan Kajian Hukum

Measuring the Justice of Children's Inheritance Rights in Polygamy: A Comparison between Legal and Siri Marriages from the Perspective of Islamic Law

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Authors

SWSri WulandariMercu Buana UniversityAKAchmad KholiqUniversitas Swadaya Gunung JatiAJAan JaelaniUniversitas 17 Agustus 1945 Cirebon

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Implication

This analysis compares inheritance rights of children from legal and nikah siri marriages, highlighting legal disparities in Islamic law.

Key Points

  • Children from both formal and sarī marriages are entitled to inheritance rights under Islamic law.
  • The study reveals the disparity in legal recognition due to national laws requiring marriage registration for rights.
  • A normative qualitative approach was employed, utilizing an in-depth literature review of Islamic legal sources.
  • The findings suggest updates to family law policies are necessary to ensure children's rights are protected equally across marriage forms.

Cite This Study

Wulandari et al. (2025) studied this question.

synapsesocial.com/papers/68f4b10d3d9d770bbc696ea9https://doi.org/10.31941/pj.v24i2.6612
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Juridical Analysis of Unregistered Marriages' Effects on Children's Legal Status and Civil Rights2025 · 2 citations
  2. 2THE INHERITANCE RIGHTS OF CHILDREN FROM MARRIAGE ARE NOT RECORDED ACCORDING TO THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW2024
  3. 3Unregistered marriages in islamic law: Ensuring children's rights amidst legal validity2024
  4. 4Injustice Legal System Ibuism in Indonesian Marriage Law: A Study on Polygamy for Childlessness Reasons2025 · 1 citations
  5. 5Legal Studies of Marriage Registration and the Problems of Isbat Nikah Polyandry and Its Legal Consequences for Children2024