| Summary: | The purpose of this study was so review legitimate grant according to
Islamic Law and to discover a child�s right on the inheritance of a father who
married twice in the case of Verdict of Religious Court No.
523/Pdt.G/1996/PA.Wno jo Verdict of religious High Court No.
019/Pdt.G/1997/PTA Yk jo Verdict of Supreme Court No. 02 PK/AG/2003.
The research method used was normative judicial law study, which is a
study using secondary data sources or data obtained from literatures. The data the
author obtained was analyzed descriptively using qualitative method, which is
data analysis method by grouping and selecting data obtained by its qualification
and correctness the arranging it systematically using systematic discussion plot,
the connecting it with theories from literature study, to find answers on the
problem which become the object of the study.
The results of the study are: (1) A grant is legitimate if it meets all the
requirements, elements, and principles of grants established in Al-Qur�an, Hadits,
and all existing regulations. The grant given by the late Somoikromo/Toso was all
of his belongings so that it exceeded the limit of belonging which may be granted,
which was against Article 210 clause (1). However, since the receiver of the grant
is the Heir of Toso/Somoikromo the grant is allowed because according to Article
211 KHI which is that parents� grant to their children can be viewed as
inheritance. (2) The grant given by parents to their children can be viewed as
inheritance. The rights of the child(ren) from the first wife and the child(ren) of
the second wife, if the inheritance belonged to biological father/mother, are
divided evenly which is 2 to 1 between son(s) and daughter(s). So, the rights of
the children from the first wife and the second wife are the same.
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