Journal of Indonesian Islamic Studies
Vol. 6 No. 1 (2026): Journal of Indonesian Islamic Studies (October) --- In Press

Analysis of Obligatory Wills for Non-Muslim Heirs based on Article 209 of the Compilation of Islamic Law

Maulana Iqbal (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Abd Rouf (Universitas Islam Negeri Maulana Malik Ibrahim Malang)



Article Info

Publish Date
28 Aug 2026

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

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Journal Info

Abbrev

jiis

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media Other

Description

Journal of Indonesian Islamic Studies is a high-quality open-access and peer-reviewed research journal with e-ISSN 2808-8395. Journal of Indonesian Islamic Studies providing a platform that welcomes and acknowledges high quality empirical original research papers about is a publication media to ...