<![CDATA[The issue of interfaith inheritance is a classic issue in Islamic law that continues to generate debate, especially in multicultural societies like Indonesia. In classical fiqh, religious differences are positioned as a barrier to inheritance (māni' al-irth), so that Muslims and non-Muslims cannot inherit from each other. However, social reality shows the existence of strong family ties despite differences in faith, which demands the presence of a just and welfare-oriented legal solution. This article aims to analyze the determination of the distribution of inheritance to heirs who wear the hijab due to religious differences through the mechanism of mandatory wills from the perspective of Islamic law and Indonesian national law. This study uses a normative legal research method with a conceptual, legislative, and jurisprudential approach. The results of the study indicate that although Islamic inheritance law normatively rejects interfaith inheritance, the concept of mandatory wills can function as a legal instrument that bridges the gap between sharia provisions and demands for social justice. The application of mandatory wills for heirs of different religions, as developed in the Supreme Court decision, reflects contextual ijtihad which is based on the principles of maqāṣid al-syarī'ah, especially justice (al-'adl) and benefit (al-maṣlaḥah). Thus, obligatory wills become a legal and relevant juridical alternative in addressing the problem of inheritance between different religions in Indonesia.]]>
Copyrights © 2026
