Perspective of Islamic Jurisprudence and Jurisprudence of the Supreme Court

Oct 13, 2025 by wbrum.org 68 views

Juridical Analysis of the Compulsory Testament in the Perspective of Islamic Jurisprudence

The will is one of the most significant ways in the process of transferring property from one individual to another. In Indonesia, the regulation regarding the will has been regulated in the compilation of Islamic law based on Presidential Instruction No. 1 of 1991. In it, there is chapter V consisting of Article 194 to Article 209, in which articles 194 to 208 regulate ordinary wills, and Article 209 specifically regulates the will for adopted children and adoptive parents. The importance of understanding the will in Islamic jurisprudence cannot be overstated, as it plays a crucial role in the distribution of assets after an individual's passing.

However, in several decisions of the Supreme Court of the Republic of Indonesia, an interesting fact was found that the compulsory will was also given to the heirs who were non-Muslim. This is reflected in the decision of the Supreme Court of the Republic of Indonesia Number 368.K/AG/1995, Decision Number 51.K/AG/1999, and Decision Number 16.K/AG/2010. In these decisions, the Supreme Court stipulates that non-Muslim heirs are entitled to receive mandatory wills, a thing that is contrary to the traditional views in Islamic fiqh, which usually forbids heirs of different religions to inherit property from Muslim heirs. This development has significant implications for the understanding of Islamic law in Indonesia, and it is essential to examine the underlying principles and justifications for this decision.

Perspective of Islamic Jurisprudence and Jurisprudence of the Supreme Court

In this study, the theory of justice according to Islamic law is used as an analysis framework, with normative juridical research methods. Through this approach, the author conducts a deep study of the Koran, fiqh books, laws and regulations, and the opinions of legal experts. The data obtained are collected by the literature study method. The use of Islamic jurisprudence as a framework for analysis provides a unique perspective on the issue of compulsory wills, and it allows for a nuanced understanding of the underlying principles and values that guide Islamic law.

In the context of Islamic fiqh, there are no explicit provisions regarding anyone who is entitled to receive compulsory will. The scholars in ancient times held more on the text of the Koran and the Sunnah, different from the approach of today's rational scholars. They provide the opportunity for the judge to conduct ijtihad, namely interpreting the law in the social context that applies in the community. The concept of ijtihad is essential in Islamic jurisprudence, as it allows for the adaptation of Islamic law to changing social conditions and circumstances.

The views of the scholars of the compulsory will generally lead to the provision of a will to certain individuals, with a maximum limit of one-third of the assets left by the heir. The decision of the Supreme Court of the Republic of Indonesia to provide mandatory wills to non-Muslim heirs shows efforts to uphold justice and maintain family integrity. This approach is in line with the multi-religious social reality of Indonesian society, which reflects a sense of humanity and universal justice. The decision of the Supreme Court reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society.

Social and Legal Implications

The Supreme Court's decision has quite extensive implications, both in terms of social and legal. On the one hand, this step can strengthen the sense of unity and tolerance between religious communities in Indonesia. By giving the same rights to non-Muslim heirs, the Supreme Court shows that law must be adaptive to the conditions of diverse society. The decision of the Supreme Court has significant social implications, as it promotes a sense of unity and tolerance between different religious communities in Indonesia.

On the other hand, this decision also demands adjustments in other legal practices related to the management of inheritance. It is important for legal experts and law enforcers to understand the contextualization of Islamic law in pluralistic society, so that justice can be achieved without sacrificing the values of existing religious. The decision of the Supreme Court has significant legal implications, as it requires adjustments in other legal practices related to the management of inheritance.

Conclusion

The compulsory will becomes one of the important topics in the discourse of Islamic law in Indonesia, especially related to the right of inheritance for non-Muslim experts. Through this juridical analysis, it can be seen that the Supreme Court of the Republic of Indonesia has taken progressive steps in creating social justice, based on Islamic values. Therefore, it is essential for all parties to continue to support and develop an inclusive and responsive legal understanding of social change in society. The decision of the Supreme Court reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society.

Recommendations for Future Research

Further study on the concept of ijtihad in Islamic jurisprudence: The concept of ijtihad is essential in Islamic jurisprudence, and further study on this topic can provide a deeper understanding of the underlying principles and values that guide Islamic law.
Analysis of the social and legal implications of the decision: The decision of the Supreme Court has significant social and legal implications, and further analysis of these implications can provide a more comprehensive understanding of the impact of this decision.
Development of an inclusive and responsive legal understanding of social change: The decision of the Supreme Court reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society. Further development of an inclusive and responsive legal understanding of social change is essential to promote social justice and fairness in Indonesian society.

Limitations of the Study

Limited scope of the study: The study focuses on the decision of the Supreme Court of the Republic of Indonesia regarding the compulsory will, and it does not cover other related topics.
Limited data: The study relies on secondary data, and it does not provide primary data on the topic.
Limited analysis: The study provides a limited analysis of the social and legal implications of the decision, and it does not provide a comprehensive understanding of the impact of this decision.

Future Directions for Research

Further study on the concept of ijtihad in Islamic jurisprudence: The concept of ijtihad is essential in Islamic jurisprudence, and further study on this topic can provide a deeper understanding of the underlying principles and values that guide Islamic law.
Analysis of the social and legal implications of the decision: The decision of the Supreme Court has significant social and legal implications, and further analysis of these implications can provide a more comprehensive understanding of the impact of this decision.
Development of an inclusive and responsive legal understanding of social change: The decision of the Supreme Court reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society. Further development of an inclusive and responsive legal understanding of social change is essential to promote social justice and fairness in Indonesian society.
Frequently Asked Questions (FAQs) about Juridical Analysis of Compulsory Will in the Perspective of Islamic Fiqh

Q: What is the significance of the will in Islamic jurisprudence?

A: The will is one of the most significant ways in the process of transferring property from one individual to another. In Islamic jurisprudence, the will is considered a means of distributing assets after an individual's passing, and it is essential to ensure that the distribution is fair and just.

Q: What is the difference between an ordinary will and a compulsory will?

A: An ordinary will is a will that is made by an individual to distribute their assets after their passing, while a compulsory will is a will that is made by an individual to distribute their assets to certain individuals, such as family members or charitable organizations.

Q: What is the concept of ijtihad in Islamic jurisprudence?

A: Ijtihad is the process of interpreting Islamic law in the context of changing social conditions and circumstances. It is a means of adapting Islamic law to the needs of the community, and it is essential in Islamic jurisprudence.

Q: What is the significance of the Supreme Court's decision regarding the compulsory will?

A: The Supreme Court's decision regarding the compulsory will reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society.

Q: What are the social and legal implications of the Supreme Court's decision?

A: The Supreme Court's decision has significant social and legal implications, including the promotion of unity and tolerance between different religious communities in Indonesia, and the need for adjustments in other legal practices related to the management of inheritance.

Q: What are the limitations of the study?

A: The study has several limitations, including a limited scope, limited data, and limited analysis.

Q: What are the future directions for research?

A: The future directions for research include further study on the concept of ijtihad in Islamic jurisprudence, analysis of the social and legal implications of the decision, and development of an inclusive and responsive legal understanding of social change.

Q: What is the significance of the study in the context of Islamic law in Indonesia?

A: The study is significant in the context of Islamic law in Indonesia because it provides a deeper understanding of the underlying principles and values that guide Islamic law, and it demonstrates a commitment to upholding the principles of justice and fairness.

Q: What are the recommendations for future research?

A: The recommendations for future research include further study on the concept of ijtihad in Islamic jurisprudence, analysis of the social and legal implications of the decision, and development of an inclusive and responsive legal understanding of social change.

Q: What is the conclusion of the study?

A: The conclusion of the study is that the Supreme Court's decision regarding the compulsory will reflects a commitment to upholding the principles of justice and fairness, and it demonstrates a willingness to adapt Islamic law to the changing social context of Indonesian society.

Q: What are the implications of the study for the development of Islamic law in Indonesia?

A: The study has significant implications for the development of Islamic law in Indonesia, including the need for further study on the concept of ijtihad in Islamic jurisprudence, analysis of the social and legal implications of the decision, and development of an inclusive and responsive legal understanding of social change.

Q: What are the recommendations for policymakers and legal experts?

A: The recommendations for policymakers and legal experts include the need to develop an inclusive and responsive legal understanding of social change, and the need to adapt Islamic law to the changing social context of Indonesian society.

Q: What are the implications of the study for the promotion of social justice and fairness in Indonesian society?

A: The study has significant implications for the promotion of social justice and fairness in Indonesian society, including the need to promote unity and tolerance between different religious communities, and the need to adapt Islamic law to the changing social context of Indonesian society.