KEDUDUKAN HUKUM WASIAT WAJIBAH: ANALISIS KOMPARATIF HUKUM KEWARISAN ISLAM KLASIK DAN KOMPILASI HUKUM ISLAM

Abstract

This article aims to analyze in depth the similarities and differences in the legal status of obligatory bequests from the perspective of classical Islamic inheritance law and the Compilation of Islamic Law, as well as to trace the dynamics of its implementation in the practice of religious courts in Indonesia. The research problem centers on the conceptual-doctrinal comparison regarding the legal status of wasiat wajibah between classical Islamic jurisprudence and Indonesian positive law, as well as the direction of its development within judicial jurisprudence. The approach method used is legal-normative with a specification of comparative doctrinal analysis. The results indicate that classical Islamic law and KHI share common ground regarding its imperative) nature of execution and a maximum property share threshold of one-third. However, the two experience a radical polarization regarding the eligible beneficiaries; while classical/contemporary Middle Eastern Islamic law restricts wasiat wajibah to excluded grandchildren, Article 209 of KHI restrictively grants it to adopted children and adoptive parents. Meanwhile, in Indonesian judicial practice, an extraordinary dynamism occurs where judges, through the method of legal discovery extend the protective umbrella of wasiat wajibah to include non-Muslim heirs, rendering it a transformative corrective pillar in achieving sociological distributive justice.