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Putra, Tonny Nurmala
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Law, Crime, Criminology & Criminal Justice

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Legal Power of Notarial Wills According to the Compilation of Islamic Law Putra, Tonny Nurmala; Sudiro, Amad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.27504

Abstract

A will is a legal instrument in the inheritance system in Indonesia, thus its position is very important because it contains both legal and religious aspects. As an authentic deed, a notarial will has great evidentiary power because it provides legal certainty in the eyes of positive law. However, its substance is often inconsistent with or contradicts the principles of Islamic law. Thus, there is a challenge, namely the still-unharmonious relationship, especially between positive law and Islamic law in practice in Indonesia. This study aims to analyze and examine the extent of the legal force of a notarial will in the Compilation of Islamic Law applicable in Indonesia. This study uses a normative legal research method. The results show that the legal force of a notarial will is relative for Muslims, because it depends on the conformity of the substance of the notarial will with Islamic law.
Co-Authors Amad Sudiro, Amad