Wājibah will for non-Muslim heirs in Indonesia: a legal political perspective based on justice and welfare

This research examines the application of Islamic law, social situations, and the state’s orientation in formulating policies regarding ‘wasiat wājibah’ or wājibah will (mandatory will) for non-muslim heirs. The research was conducted in Palangkaraya and Bali, Indonesia. These locations were chosen because both areas have unique characteristics that combine religious heterogeneity and high tolerance. Wājibah will is a mandated will, given when an heir is unable to inherit for certain reasons. This study uses a qualitative descriptive analysis method. The primary data for this research includes interviews and court rulings. The issues discussed in this article are analyzed using a legal-political perspective. The findings indicate that the establishment of the wājibah will is not only based on legal-normative reasons but also on social and political factors. The establishment of the wājibah will, which guarantees equality before the law in interfaith families, is expected to have a positive impact on social and political order, creating a just, tolerant, and humane society. However, there remain gaps in the legal substance of the wājibah will for non-muslim heirs, as it has not been explicitly regulated in existing legislation. Therefore, there is a need to develop policies in the form of regulations that specifically address wājibah wills for non-muslim heirs. The establishment of the wājibah will for non-muslims is a form of legal reform in inheritance law in Indonesia. Methodologically, legal reform is conducted through an extensive interpretation approach, which is an activity that broadens the scope of an interpretation based on the analogy of reason between old and new issues. Additionally, the reform also considers living law as a reference to reconcile the demands of justice in society with legal certainty.