Division of Inheritance of Heirs of Different Religions with Heirs According to the Compilation of Laws

General Background: Inheritance remains one of the most sensitive issues in Islamic family law, as it intertwines material distribution with justice, kinship, and social harmony. Specific Background: The Compilation of Islamic Law (KHI) in Indonesia explicitly prohibits inheritance across religions, creating legal rigidity when confronted with plural family realities shaped by interfaith marriages and conversions. Knowledge Gap: While classical jurisprudence closes the door to interfaith inheritance, Indonesian legal pluralism and social justice demands reveal tensions between strict fiqh norms and societal needs, with limited scholarly synthesis on the role of mandatory wills as a legal compromise. Aims: This study aims to analyze the legal construction of inheritance for heirs of different religions under the KHI and evaluate the jurisprudential role of mandatory wills as a middle path in Indonesian courts. Results: Findings show that although the KHI normatively restricts inheritance to Muslims, jurisprudence recognizes mandatory wills as a mechanism to grant non-Muslim heirs a share, aligning with constitutional principles of justice and reducing family conflict. Novelty: This research highlights mandatory wills as a dynamic legal innovation that bridges classical fiqh with contemporary demands of pluralism and human rights. Implications: Reforming inheritance law to formally integrate mandatory wills will strengthen legal certainty, prevent discrimination, and promote social harmony within Indonesia’s diverse society.Highlight : KHI prohibits interfaith inheritance but raises justice issues. Obligatory wills act as a middle ground in court practices. Reform of inheritance law is needed to be more inclusive and responsive. Keywords : Compilation of Islamic Law, Inheritance, Different Religions, Obligatory Wills, Legal Pluralism

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Publication Details

Journal
Academia Open
Published
2025-08-28
DOI
https://doi.org/10.21070/acopen.10.2025.12147
Primary Topic
Language, Linguistics, Cultural Analysis
Type
article
Field-Weighted Citation Impact
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article

Division of Inheritance of Heirs of Different Religions with Heirs According to the Compilation of Laws

Diyan Isnaeni, Mufti Hasan, Moh. Muhibbin
Academia Open
Language, Linguistics, Cultural Analysis
article

Division of Inheritance of Heirs of Different Religions with Heirs According to the Compilation of Laws

Diyan Isnaeni, Mufti Hasan, Moh. Muhibbin
article en

Abstract

General Background: Inheritance remains one of the most sensitive issues in Islamic family law, as it intertwines material distribution with justice, kinship, and social harmony. Specific Background: The Compilation of Islamic Law (KHI) in Indonesia explicitly prohibits inheritance across religions, creating legal rigidity when confronted with plural family realities shaped by interfaith marriages and conversions. Knowledge Gap: While classical jurisprudence closes the door to interfaith inheritance, Indonesian legal pluralism and social justice demands reveal tensions between strict fiqh norms and societal needs, with limited scholarly synthesis on the role of mandatory wills as a legal compromise. Aims: This study aims to analyze the legal construction of inheritance for heirs of different religions under the KHI and evaluate the jurisprudential role of mandatory wills as a middle path in Indonesian courts. Results: Findings show that although the KHI normatively restricts inheritance to Muslims, jurisprudence recognizes mandatory wills as a mechanism to grant non-Muslim heirs a share, aligning with constitutional principles of justice and reducing family conflict. Novelty: This research highlights mandatory wills as a dynamic legal innovation that bridges classical fiqh with contemporary demands of pluralism and human rights. Implications: Reforming inheritance law to formally integrate mandatory wills will strengthen legal certainty, prevent discrimination, and promote social harmony within Indonesia’s diverse society.Highlight : KHI prohibits interfaith inheritance but raises justice issues. Obligatory wills act as a middle ground in court practices. Reform of inheritance law is needed to be more inclusive and responsive. Keywords : Compilation of Islamic Law, Inheritance, Different Religions, Obligatory Wills, Legal Pluralism

Academia OpenVol. 10(2)
Universitas Islam Malang (ID)
Openalex Percentile: Top 68%
Language, Linguistics, Cultural Analysis
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Division of Inheritance of Heirs of Different Religions with Heirs According to the Compilation of Laws — Diyan Isnaeni, Mufti Hasan, et al. · Academia Open (2025) | TGRS Research Map | TGRS