Basic law consideration of the supreme court to decide the non-uslim heritage experience with wasiat wajibah

Abstract

Inheritance law applies if there has been a death. In Islam, inheritance law is classified as fiqh. Inheritance is given to eligible families, according to the level set out in Islamic inheritance law. There are also 3 (three) causes which an heir has no right (hindered) to inherit in Islam, such as: killing the heir, different religion, and apostates. The position of husband / wife, parents, children who are not Muslim is not an heir, but does not prevent these parties from obtaining inheritance from the will if the testator before dying to leave the will. But many events, the testator dies without leaving a will. So, it often becomes a problem in the future. Not infrequently, the parties concerned are sued by the heirs because in real terms they have mastered the inheritance, a claim which could result them loses the asset while it is the only life support. Since the Adjudication of the Supreme Court in 1995, adjudication number 368 K/Ag/1995 wasiat wajibah can be given not only to adopted children as regulated in section 209 KHI but can also be given to heirs who are not Muslim. The adjudication was later recognized and became jurisprudence of the Supreme Court. This study uses empirical methods to find out the legal arguments of the Supreme Court judges in adjudicating these cases.