Jurnal Elsyakhshi
Vol. 3 No. 2 (2025): December

Mandatory Bequest for Non-Muslim Heirs in Indonesian Islamic Inheritance Law

Akmal Yandi (STAI Solok Nan Indah)
M. Hidayat Ediz (STAI Solok Nan Indah, Indonesia)
jurna Petri Rozi (STAI Azziyadah, Indonesia)
Ruqayyah Mustafa Mahmud Abdullah Hasan (Al-Azhar University, Egpyt)



Article Info

Publish Date
02 Jul 2026

Abstract

Article 171 of the Compilation of Islamic Law (Kompilasi Hukum Islam / KHI) stipulates that heirs must be Muslim and related through blood or marriage. Nevertheless, Decision No. 04/Pdt.P/2013/PA Bandung granted inheritance rights to non-Muslim heirs through the mechanism of wasiat wajibah (mandatory bequest). This decision has generated scholarly debate because the majority of Islamic jurists consider religious difference a legal impediment to inheritance, as reflected in prophetic traditions. This study aims to analyze the judges’ legal reasoning (ratio decidendi) and examine its compatibility with the principles of Islamic inheritance law and Indonesian positive law. Employing a qualitative method with a normative juridical approach, this study analyzes statutory regulations, fiqh literature, and judicial decisions. The findings reveal that the judges adopted an interpretive approach by referring to minority juristic opinions and the concept of wasiat wajibah to accommodate substantive justice within Indonesia’s pluralistic society. However, the decision also raises legal concerns regarding the jurisdictional authority of the Religious Court and its consistency with the fundamental principles of Islamic inheritance law concerning religious difference as a barrier to inheritance.

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Journal Info

Abbrev

elsyakhshi

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Elsyakhsi is an international peer-reviewed journal published by Institute of Research and Community Service STAI Solok Nan Indah, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Details on our focus and scope can be viewed here. ...