Inheritance law is a part of civil law and is part of family law in particular.
Inheritance law is closely related to human life, because every human being will
experience a legal event, namely death. These legal events will cause legal
consequences regarding the continuation of the rights and obligations of a person
who has died and also in relation to his family or other people who have rights to
their property. The purpose of this research is to know and understand the rights and
position of grandchildren in the system of replacing the heirs in Islamic Inheritance
Law and Compilation of Islamic Law and to know and understand the legal
protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation
of Islamic Law. Based on the research, it can be concluded that the position of
grandchild as a substitute heir in Islamic inheritance law is not listed in the Al- Quran and Hadith, only recognized through the Ijtihad conducted by the scholars.
But in the Islamic Law Compilation the existence of grandchildren is recognized as a
substitute for the parents who have died beforehand from the heirs and legal
protection against grandchildren as successor heirs through the Compilation of
Islamic Law which gives recognition of the position of substitute heirs through
confirmation of the existence of heirs substitutes get full legalization where the
provisions are not contained in the classic Islamic inheritance law. In addition, most
Religious Judges in considering their decisions in terms of inheritance also see the
arrangements contained in the Compilation of Islamic Law as a guide.