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All Journal Journal of Indonesian Islamic Studies
Abd Rouf
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Education Languange, Linguistic, Communication & Media Other

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A Comparative Study of Wasiat Wajibah in Indonesia, Egypt, and Pakistan from the Perspective of Maqashid al-Sharia Tamimatun Nihayah; Abd Rouf
Journal of Indonesian Islamic Studies Vol. 5 No. 2 (2026): Journal of Indonesian Islamic Studies (April)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v5i2.11379

Abstract

The wasiat wajibah is a form of reform in Islamic inheritance law that has evolved to provide protection to family members who do not receive their rights under the classical inheritance system. This study aims to analyze the regulations governing wasiat wajibah in Indonesia, Egypt, and Pakistan and to assess their relevance as an instrument of family protection from the perspective of the maqashid al-sharia. This study employs a normative legal method using legislative, conceptual, and comparative legal approaches. Legal materials were obtained from legislation, legal literature, and scholarly articles, which were analyzed qualitatively. The results indicate that all three countries share the same objective to provide economic protection to family members who may lose their rights due to the application of the classical inheritance system but employ different mechanisms. Indonesia regulates the mandatory bequest for adopted children and adoptive parents through Article 209 of the Compilation of Islamic Law; Egypt grants a mandatory bequest to grandchildren who are barred from receiving an inheritance through Qanun al-Wasiyyah No. 71 of 1946; while Pakistan implements a system of heir representation through Article 4 of the Muslim Family Laws Ordinance of 1961. From the perspective of maqashid al-sharia, these three models are oriented toward the protection of descendants (hifz al-nasl) and the protection of property (hifz al-mal), thereby demonstrating that Islamic inheritance law possesses the flexibility to achieve justice and the public interest in accordance with the needs of society.
Analysis of Obligatory Wills for Non-Muslim Heirs based on Article 209 of the Compilation of Islamic Law Maulana Iqbal; Abd Rouf
Journal of Indonesian Islamic Studies Vol. 6 No. 1 (2026): Journal of Indonesian Islamic Studies (October)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v6i1.10749

Abstract

This study analyzes the implementation of wasiat wajibah for non-Muslim heirs under Article 209 of the Compilation of Islamic Law (Kompilasi Hukum Islam) in Indonesia. The issue of inheritance involving religious differences remains a complex legal problem within Indonesian Islamic inheritance law because classical Islamic jurisprudence generally prohibits inheritance between Muslims and non-Muslims. Nevertheless, judicial practice in Indonesia has demonstrated the expansion of wasiat wajibah through several Supreme Court decisions granting mandatory bequests to non-Muslim family members. This research employs normative juridical legal research using statutory, conceptual, and case approaches. The legal materials consist of statutory regulations, judicial decisions, books, and scholarly journal articles related to Islamic inheritance law and wasiat wajibah. The results of this study show that Indonesian Religious Courts and the Supreme Court have adopted progressive legal interpretations of Article 209 KHI through legal discovery (rechtsvinding) and substantive justice approaches. The implementation of wasiat wajibah for non-Muslim heirs reflects efforts to harmonize Islamic legal principles with humanitarian values, social justice, and the pluralistic character of Indonesian society. However, the absence of explicit regulation regarding non-Muslim heirs within Article 209 KHI potentially creates legal uncertainty and inconsistent judicial interpretations. Therefore, clearer legal reform is necessary to strengthen legal certainty concerning inheritance disputes involving religious differences in Indonesia
The Recognition of Inheritance Rights of Sasak Customary Women in the Perspective of Hazairin's Bilateral Inheritance System: An Analysis of Court Decision No. 307/Pdt.G/2020/PA.Sel Annisa Dwi Ramadhanti; Abd Rouf
Journal of Indonesian Islamic Studies Vol. 6 No. 1 (2026): Journal of Indonesian Islamic Studies (October)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v6i1.11316

Abstract

This study examines the recognition of Sasak women’s inheritance rights in Decision of the Selong Religious Court Number 307/Pdt.G/2020/PA.Sel through the perspective of Hazairin’s bilateral inheritance theory. The research is motivated by the persistence of customary inheritance practices that tend to prioritize male heirs, potentially limiting women’s rights. It aims to analyze the legal status of female heirs, the judges’ legal reasoning, and the decision’s conformity with Hazairin’s theory. This normative conceptual, and case approaches, using data collected through library research of court decisions, legislation, books, and scholarly journals. The findings indicate that the court recognized female heirs based on blood relations and granted them inheritance shares in accordance with Islamic inheritance law. The decision reflects Hazairin’s bilateral inheritance system, which acknowledges inheritance rights for both men and women. These findings underscore the importance of legal protection and recognition of women’s inheritance rights within the Sasak customary community.
Co-Authors Annisa Dwi Ramadhanti Maulana Iqbal Tamimatun Nihayah