Bulletin of Islamic Research
Vol. 4 No. 1 (2026)

The Urgency of Wills in Preventing Inheritance Disputes from the Perspective of Civil Law and Islamic Law

Haryanti, Yanti (Unknown)



Article Info

Publish Date
26 Mar 2026

Abstract

This study addresses a critical gap in the Indonesian inheritance system, where legal pluralism between the Civil Code and the Compilation of Islamic Law often creates ambiguity in the application of wills, leading to frequent inheritance disputes due to the absence or improper formulation of testamentary documents. The research aims to examine the urgency and legal function of wills as preventive instruments in minimizing inheritance conflicts from both civil and Islamic legal perspectives. This study employs a normative legal research method with statutory and conceptual approaches, relying on primary legal sources, doctrinal analysis, and qualitative interpretation. The findings reveal that a will possesses strong legal authority when it complies with formal and material legal requirements. However, its implementation is constrained by the doctrine of legitime portie in civil law and the one-third limitation in Islamic law, unless agreed otherwise by all heirs. Empirically, the absence of a written and authentic will often triggers disputes due to unclear asset distribution, conflicting interpretations, and weak evidentiary standing. The study emphasizes that wills drafted as notarial deeds provide stronger legal certainty and protection. The global implication of this research lies in offering a model for managing legal pluralism in inheritance systems, highlighting the role of formal legal instruments in dispute prevention, strengthening legal certainty, and promoting equitable wealth distribution across diverse legal traditions.

Copyrights © 2026






Journal Info

Abbrev

bir

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Aims The Bulletin of Islamic Research aims to advance Religious Studies through an interdisciplinary investigation of the role of religion particularly Islam in addressing contemporary global challenges, including globalization, social transformation, and sustainability. It examines the influence of ...