Proceedings of the 7th International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in conjunction with the 6th Annual Postgraduate Conference on Muslim Society (APCoMS), ICIIS and APCoMS 2024, 17–18 June 2024, Banjarmasin, Indonesia

Research Article

Implementation of Wasiat Wajibah as a Means of Inheritance for Non-Moslem Heirs

Download18 downloads
  • @INPROCEEDINGS{10.4108/eai.17-6-2024.2349084,
        author={Elfirda Ade Putri and Gede Aditya Pratama and Rona Apriana Fajarwati},
        title={Implementation of Wasiat Wajibah as a Means of Inheritance for Non-Moslem Heirs},
        proceedings={Proceedings of the 7th International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in conjunction with the 6th Annual Postgraduate Conference on Muslim Society (APCoMS), ICIIS and APCoMS 2024, 17--18 June 2024, Banjarmasin, Indonesia},
        publisher={EAI},
        proceedings_a={ICIIS AND APCOMS},
        year={2024},
        month={7},
        keywords={obligatory will inheritance non-muslim jurisprudence},
        doi={10.4108/eai.17-6-2024.2349084}
    }
    
  • Elfirda Ade Putri
    Gede Aditya Pratama
    Rona Apriana Fajarwati
    Year: 2024
    Implementation of Wasiat Wajibah as a Means of Inheritance for Non-Moslem Heirs
    ICIIS AND APCOMS
    EAI
    DOI: 10.4108/eai.17-6-2024.2349084
Elfirda Ade Putri1,*, Gede Aditya Pratama1, Rona Apriana Fajarwati1
  • 1: Bhayangkara University Jakarta Raya, Indonesia
*Contact email: elfirda.ade@dsn.ubharajaya.ac.id

Abstract

This article discusses the Inheritance in Islamic Law. Inheritance in Islamic law can only be given to heirs on the condition that the heirs and heirs must be Muslim, have a blood relationship or marital relationship with the heir, and are not hindered by law from becoming heirs. The methodology of this article uses a normative juridical research method derived from a literature study. The result is the obligatory will can also be given to non-Muslim children and wives whose amount is the same as that of adopted children and adopted parents, based on Supreme Court Decision No. 368K/Ag/1995, which provides an expansion of the meaning for the granting of an obligatory will, whereas based on Article 209 of the Compilation of Islamic Law stipulates that obligatory will can only be given to adopted children and adopted parents.