Obligatory Wills for Adopted Children, Children of Unmarried Couples, and Children of Different Religions

In the perspective of Islamic law, the realization of obligatory wills is along with Islamic insight as a religion which focuses on realizing such realization from the principal of justice and a form of love among human being. This passion which has been created in one family can be realized by the giving of some part of the inheritance through obligatory wills to obstructed people being (heirs), both obstructed as adopted, born outside of legal marriage or children of different religions. All of those are meant for kindness, harmony and to avoid conflicts in the world which give big impact for creating harmony and peaceful family. This research was analysis the application of obligatory testaments to adopted children, legitimate children that born outside of marriage and children of different religions. Analysis has been reviewed according to fiqh's view, Compilation of Islamic Law (KHI) and practice in the Religious Courts.


Introduction
God has set the rules for mankind living on HDUWK 7KH UXOHV DUH PDQLIH'HG LQ WKH IRUP RI a command or will regarding things that men are and are not allowed to do. God's rules of human behavior are sharia that is now called Islamic law.
The Islamic law covers all aspects of human life in the world. Among these laws there are those that do not contain sanctions, namely demands for compliance, and there are also those that contain sanctions that can EH UHFHLYHG LQ WKH ZRUOG MX' OLNH OHJDO VDQFtions in general. There are also sanctions that DUH QRW IHOW LQ WKH ZRUOG EXW DUH LQÀLFWHG LQ WKH hereafter in the form of sins and retribution for the sins. Among the rules governing the relationship between human beings that have been determined by Allah are the rules about Islamic wills, which the application is used to UHIHU WR D ULJKW ZKRVH SURYLVLRQV DUH LQ HuHFW when someone has died. Islamic wills are a way to transfer property from one person to DQRWKHU 7KH ZLOOV V\'HP KDV EHHQ DGRSWHG since ancient times and it is not only limited to Islamic tradition, but has also been implemented by every ancient community despite ZLWK D GLuHUHQW XQGHU'DQGLQJ RI ZLOOV 7KH ZLOOV V\'HP KDV GLuHUHQFHV LQ LWV implementation. All have its respective provisions on the legitimacy of the implementation of wills. In Indonesia, it has its own rules about wills. Among them are arranged in Burgerlijk :HWERHN %: for non-Muslims or indigenous peoples while for Muslims wills are regulated in the Compilation of Islamic Law (KHI).
The dynamics of legal development in Indonesia has accelerated dramatically along with the dynamics of the development of the community related to the acquisition of in-KHULWDQFH ULJKWV WKURXJK GLuHUHQW LQKHULWDQFH religions. The development of the law can be seen in the ruling of the Supreme Court of Indonesia which made a breakthrough in the new law by giving inheritance rights to other SDUWLHV RI GLuHUHQW UHOLJLRQV QRQ 0XVOLPV through obligatory wills.
In theory obligatory wills are interpreted as rights granted by a ruler or the judge dedicated to relatives or heirs who do not get a share RI LQKHULWDQFH IURP DQ WH'DWRU D GHDG SHUVRQ GXH WR DQ RE'DFOH 3 The legal breakthrough can clearly be seen in a Supreme Court of the Republic of Indonesia verdict Number 51 K / AG / 1999, allowing non-Muslims to receive a share of inheritance inherited by Muslims. The verdict is actually not based on the sys-WHP RI SXUH LQKHULWDQFH SUDFWLFH DV 'LSXODWHG in the Compilation of Islamic Law (KHI), but is made using the concept of or extending obligatory wills contained in the KHI. Provisions of obligatory wills are legal provisions outlined in the Compilation of Islamic Law (KHI) to give inheritance rights to parties (communities) who have adopted children, but the Supreme Court of Indonesia also provides D OHJDO EUHDNWKURXJK DV SDUW RI LWV HuRUW LMWL-KkG E\ XSKROGLQJ WKH YDOXH RI MX'LFH WKURXJK a sociological juridical method that relies on Ibn Hazm's opinion giving inheritance rights WR QRQ 0XVOLPV GLuHUHQW UHOLJLRQV WKURXJK obligatory wills.
7KLV SDSHU DLPV WR XQGHU'DQG REOLJDWRU\ wills for Muslims in Indonesia and practices in the Religious Court and society which its implementation is not only intended for ad-RSWHG FKLOGUHQ IR'HU SDUHQWV DQG SDUWLHV RI GLuHUHQW UHOLJLRQV EXW DOVR FKLOGUHQ ZKR ZHUH born into unmarried couples. They all are also possible to receive a share of inheritance through mandatory wills.
Nonetheless, the Compilation of Islamic Law (KHI) is an Islamic law that is applied in Indonesia. The KHI is actually the result of LMWLKkG from classical ¿TK books which is contextualized in accordance with Indonesia. The contextualization is carried out because WKH OHJDO IUDPHZRUN FRPSLOHG E\ SD' ,VODPLF scholars (ulama H[L'V ZLWKLQ WKHLU VSDFH time, and place which until now have been used as a reference by judges in the religious court.

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Etymologically, the word wills (ZD L\\DK) is from Arabic (ZD L\\DK), which has several PHDQLQJV QDPHO\ ³FUHDWLQJ DuHFWLRQ RUGHUing, and connecting something with something else". Terminologically, wills are a gift given by someone to other people in the form RI JRRGV OHQGHUV RU EHQH¿WV WR D SHUVRQ ZKR is given wills after a will giver dies. In general, wills are a handover of property from a person to someone, or to some people after the death of the person. 4 Experts in Islamic law explain that wills are ownership based on a person who declares a will before he or she dies with good intention without demanding compensation or WDEDUru' 6D\\LG 6DELT DUJXHV WKDW WKLV XQGHU'DQG-LQJ LV LQ OLQH ZLWK WKH GH¿QLWLRQ SXW IRUZDUG E\ H[SHUWV LQ ,VODPLF ODZ RI WKH +DQD¿ VFKRRO ZKLFK 'DWHV WKDW ZLOOV DUH DQ DFWLRQ RI VRPHone who voluntarily gives his rights to others to possess something in the form of goods RU EHQH¿WV ZLWKRXW DVNLQJ IRU FRPSHQVDWLRQ whose implementation is suspended until the person declaring the will dies. 5 According to Hasbi Ash-Shiddiqy, wills are interpreted as a WD DUUXI (a release) of inheritance that occurs after a person who gives a will passes away. According to its legal origin, wills are an act carried out with will-LQJQHVV XQGHU DQ\ FLUFXP'DQFHV 7KHUHIRUH there is nothing in the Islamic Sharia a wills PX' EH IXO¿OOHG WKURXJK D YHUGLFW 6 $QRWKHU GH¿QLWLRQ RI ZLOOV LV WKDW LW LV D ¿nal message of someone who is approaching his death. It can be in the form of a message about what the recipients of a will have to do with inherited properties or other messages outside the inheritance. 7  Obligatory wills term was not discussed in the classical books that when this term appears, it is interpreted as a will that is obliged to undertake. Obligatory wills are a special WHUP ZKRVH GH¿QLWLRQ LV PDQGDWRU\ ZLOOV 7KHUHIRUH LW LV QHFHVVDU\ WR H[SODLQ WKH GH¿QLtion of obligatory wills, which is as follows: Obligatory wills are a policy carried out 1.
by an authority a panel of judges as law HQIRUFHPHQW RvFHUV WR IRUFH RU REOLJH people who have passed away to do a mandatory will to certain people in FHUWDLQ FLUFXP'DQFHV 9 Therefore, a will is considered obligatory wills due to two things: 7KH DEVHQFH RI HuRUW HOHPHQW LQ D ZLOO a.
giver and the emergence of obligation element through a law or a decree without dependence on the willingness of the will giver and the consent of the recipients of the wills.
There is a similarity to the provisions b.

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the case of male income (two) times the share of women.
The meaning of obligatory wills, a person 2.
is considered, according to the law, have received a will even though there is no real will. The assumed law is born from Wasit Aulawi explains that the implementation of obligatory wills is grandchildren whose parents have died. In this case wills are a transfer of property as much as received by WKHLU IDWKHUV RU PRWKHUV LI WKH\ DUH 'LOO DOLYH with a maximum amount is 1/3 inheritance. 7KH LPSOHPHQWDWLRQ KDV WR IXO¿OO VRPH UHquirements: the grandchildren have never received a will, and obligatory wills will be carried out before the implementation of LNKWL-\kUL\\DK ZLOOV WR SUHFHGH WKH GL'ULEXWLRQ RI

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The legal basis of wills in Islamic inheritance law is the surah al-Baqarah verse 180 and surah al-Ma'idah verse 106. In al-Baqarah verse 180, Allah says: Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should

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according to what is acceptable -a duty upon the righteous. 14 The word wills in the above verse is the PR' FRPSOHWH YHUVH UHODWLQJ WR ZLOOV 7KLV YHUVH GRHV QRW H[SODLQ DERXW WH'LPRQ\ DW WKH time a wills are made whereas if a will is not done in front of a witness, it will cause problems in the future. Therefore, in Al-Ma'idah YHUVH WH'LPRQ\ LV UHJXODWHG ERWK IRU Muslim or non-muslim witnesses.
In al-Ma'idah verse 106, Allah says: The transfer of property through wills is the will of Allah to realize a good life for humans both for individuals and communities. It is for this reason wills are regulated which SURYLGHV RZQHUVKLS OHJDOL]DWLRQ RU EHQH¿WV RI property associated with the time after someone's death, and is voluntarily undertaken to others so that they can take advantage of that wealth. The opinions of Ibnu Abbas, Hasan Basri, Taus, Masruq and Dahhaq are that wills to both parents and relatives who receive inheritance has been removed while those who do not get any share of inheritance will remain to receive obligatory wills. This is because the verse includes both, then those who get inheritance are erased whereas those who do not get LQKHULWDQFH ZLOO 'LOO EH TXDOL¿HG 7KHUHIRUH Ibnu Jarir At Thabari in his tafseer chose this opinion, but the ulamas after him called it as VSHFL¿FDWLRQ WDNK v ), that is parents or relatives who do not get wills, even if their inheri-WDQFH ULJKWV DUH KLQGHUHG WKH\ 'LOO JHW D VKDUH through obligatory wills, and the verse is not FODVVL¿HG DV D DEURJDWLRQ YHUVH PDQV€NK). 16 Al-Qurtubi explained the opinions of scholars about the meaning of al-Baqarah: 180. In this case there are some scholars who explain it as a verse which is decisive (muhkamah). Interpretively the verse is general, however, its PHDQLQJ LV VSHFL¿F ZKLFK LV SDUHQWV ZKR GR not get inheritance and relatives who belong in heirs. Other scholars argue that the verse is abrogated (PDQV€NK) by the verse of inheritance (

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Basically, giving wills is an act of LNKWL\kUL-\\DK DQ HuRUW WKDW LV DQ DFWLRQ FDUULHG RXW on the basis of self-willingness under any cir-FXP'DQFHV 7KXV EDVLFDOO\ D SHUVRQ LV IUHH whether or not to make a will. It is based on the shared opinion of ulamas from the four mazhabs who argue that making wills for relatives is preferable (sunnah). However, some scholars argue that the freedom to make or not make a will only applies to people who are not close relatives. They argue that for close relatives who do not receive inheritance, someone is obliged to make a will. It is based on al-Baqarah verse 180, while other opinion shared by Ibnu Hazm adh-Dhahiri, Ath-Thabari, and Abu Bakar bin Abdil Aziz from WKH +DPEDOL 0D]KDE 'DWH WKDW ZLOOV DUH D UHligious obligation and the obligation payment for parents and relatives who do not get the rights of inheritance because being blocked Based on the above text, Ibn Hazm views the wills law as mandatory for everyone who has properties after his death. His argument is referred to textual passage of the Quran (]KkKLU ZKLFK 'DWHV WKH REOLJDWLRQ RI JLYing a will. Because the obligation of giving wills applies to everyone who has properties after his death, then if someone dies, and he does not make a will, his properties have to be donated partially to the obligation of the will. Due to the fact that authorities have the ULJKWV WR GHWHUPLQH WKH DuDLUV RI 0XVOLPV DQG PDWWHUV RI ZLOOV EHORQJ LQ RQH RI WKH DuDLUV RI every Muslim, so in this case the authorities PX' DFW WR JLYH D SRUWLRQ RI WKH LQKHULWDQFH DV PHQWLRQHG DERYH LQ RUGHU WR IXO¿OO WKH REOLJDtion of giving a will. Based on the Ibn Hazm's thought, the term obligatory wills emerged. 24 Obligatory wills are wills that are consid-
The obligation of obligatory wills does not require the provisions contained in ordinary wills because obligatory wills do not need LMDE and TDEXO (selling and buying agreement). Obligatory wills are like inheritance and are FDUULHG RXW DV D GL'ULEXWLRQ RI LQKHULWDQFH For this reason, their implementation is not the same as that of ordinary wills, which does not require an LMDE (a permit) from the person who gives wills and there is no TDEXO 'DWHG reception) from the person who receives the wills. Thus, obligatory wills resemble the dis- tribution of inheritance, so they are treated as an inheritance treatment, that is, men get a portion twice the share of women, the original heirs cover the branches, and each branch only takes a portion from its origin. 25 6FKRODUV GLuHUHG LQ GHWHUPLQLQJ ZKHWKHU WKH REOLJDWLRQ RI PDNLQJ D ZLOO LV 'LOO YDOLG RU QRW 6XFK D GLuHUHQFH LV GXH WR DQ RSLQLRQ about the Qur'anic verses whether they are erased by the verses of the Qur'an on inheritance or not. Ulamas opined (jumhur ulamas) that the obligation to give wills for mothers, fathers, and close relatives have already been erased, whether they receive inheritance or not. They also argue that the Prophet's Hadith which means "There are no wills for heirs" is DQ DvUPDWLRQ RI WKHLU 'DQFH 26 Owing to the fact that there is no contradiction between verses that oblige wills with those relating to inheritance, so the verses that oblige wills are not erased by the verses of inheritance. This is the opinion of the ulamas who remain to oblige giving wills for close relatives who do not get inheritance. In this regard, Ibn Hazm argues that "if wills are abolished for close relatives who do not re-FHLYH LQKHULWDQFH WKHQ WKH MXGJH PX' DFW DV D WH'DWRU ZKR LV WR JLYH D SRUWLRQ RI LQKHULWDQFH to relatives who do not get any of it as obligatory wills for them".
Based on the above conditions, for grandchildren who do not get inheritance, both children from daughters or children from sons, EHFDXVH WKHUH DUH VRQV ZKR DUH 'LOO DOLYH WKHQ a will is required to be made. For example, a person dies leaving a son and a grandson of his son, the grandson's father has passed away earlier than his grandfather. In this situation, the grandson does not receive inheritance because he is blocked by the son. To solve such D FLUFXP'DQFH WKH JUDQGVRQ LV JLYHQ D SRUtion based on obligatory wills. The maximum portion of grandchildren is only one third of inheritance, because the amount of obligatory ZLOOV PX' QRW H[FHHG RQH WKLUG RI LQKHULWDQFH So, the grandchild's portion is not as big as the portion received by his parents should they ZHUH 'LOO DOLYH 27 The above opinions of Ibn Hazm and other scholars regarding obligatory wills as mentioned above is adopted by the Egyptian Inheritance Law, Number 71 year 1946. In the ODZ LW LV 'DWHG WKDW WKH DPRXQW obligatory wills is as large as the portion received by parents,
The dead do not give them in any way the 2. amount which has been predetermined such as grants for example. 28 The law in Egypt above does not mention anything about nephews or nieces. It is a clear clue that the law tries to overcome very ur-JHQW SUREOHPV 7KH LOOX'UDWLRQ RI WKH WUXWK RI WKLV 'DWHPHQW FDQ EH LOOX'UDWHG WKURXJK an example that a person has two grandsons. One is from a son, and the other is from a daughter. The parents of both grandsons have passed away, and the only heir is the grandson from the son. The grandson of the daughter is blocked. To overcome this kind of problem Islamic law experts think hard because both the Qur'an and the Sunnah do not regulate in detail the portion of a grandchild.
The center of attention of obligatory wills is focused on the problem of grandchildren, DQG HuRUWV LMWLKkG) that appear are like obligatory wills. In the development of Islamic inheritance law discussion, Islamic law experts not only analyzed grandchildren whose inheritance rights are blocked, but also broadened their analytical horizons by arguing that Islamic inheritance law acknowledge replace-PHQW VXE'LWXWH KHLUV 7KH H[SHUW LQ WKH ,Vlamic law is for example Professor Hazairin. Nevertheless, even though in a very limited scope, obligatory wills bear a resemblance to the replacement of place. The similarity lies in the fact that there is a person who dies earlier than a person who leaves properties.
Although at some points there is a similarity between the replacement of place and obligatory wills, however, there are many GLuHUHQFHV EHWZHHQ WKH WZR 7KH GLuHUHQFH arises because the basic ideas between the two are not the same. Obligatory wills are a method for solving one type of problem, while the replacement of place is a way to overcome a comprehensive problem. What is meant by being comprehensive here is comprehensive-QHVV LQ WKH SUREOHP RI GHDWK ¿U' WKDQ LQGLYLG-XDOV ZKR OHDYH ZHDOWK ERWK LQ D 'UDLJKW OLQH GRZQ D 'UDLJKW OLQH XS RU D VLGH OLQH 29 The regulation of obligatory wills in Indonesia is regulated in the Compilation of Islamic The wealth left by adopted children is divided based on the articles 176 to 193 above, while for adoptive parents who do not receive a will is given obligatory wills maximum 1/3 of the assets of the adopted children.
Verse 2: For adopted children who do not receive a will is given obligatory wills maximum 1/3 of the assets RI WKH IR'HU SDUHQWV 30 Based on the word of Allah in al-Baqarah YHUVH WKLV LV ZKDW FDXVHG GLuHUHQFHV RI opinion among scholars regarding the law of wills. Some scholars (Hanabilah) argue that basically the law of wills is obligatory, which is to give a portion to parents or relatives who do not receive inheritance because they are blocked (PDKM€E), or cannot become heirs because they are blocked (PDPQ€µ). Based on this opinion, several Islamic countries have imposed obligatory wills to give a portion to grandchildren whose parents die before or together with their grandparents. Meanwhile, in the Compilation of Islamic Law, obligatory wills are used to give part to adopted children RU IR'HU SDUHQWV RWKHU WKDQ WKDW WDNLQJ LQWR account the diverse conditions of Indonesian society both in terms of religion, race, ethnicity and language, therefore obligatory wills are also intended for non-Muslim heirs with con-VLGHUDWLRQ RI D VHQVH RI MX'LFH DQG KXPDQLW\ The giving of obligatory wills to heirs who ORVH WKHLU ULJKWV EHFDXVH RI UHOLJLRXV GLuHUences is regulated in the Supreme Court Decision No. 368K / AG / 1995 andDecision No. 16 KAG 2010 Regarding the Inheritance of 'LuHUHQW 5HOLJLRQ 31 In that case the Supreme Court of Indonesia has made a decision regarding obligatory wills for relatives who do not get inheritance because they are blocked KDYLQJ GLuHUHQW UHOLJLRQV 7KH PDWWHU WKDW is considered by the judge is the use of TL\kV (analogy) with its legal idea or the underlying cause is the expansion of the interpretation of obligatory wills for relatives who do not get inheritance, namely adopted children or foster parents and is extended to non-Muslim relatives. Obligatory wills are considered the PR' UHDOL'LF IRUP RI FRPSURPLVH IRU KHLUV ZKR KDYH GLuHUHQW UHOLJLRQV IURP WH'DWRUV ¶ HYHQ WKRXJK LQ ,VODPLF ODZ GLuHUHQFHV LQ UHligion are a barrier to receiving inheritance. Some of the judge's reasons to give obligatory ZLOOV WR WKH KHLUV RI GLuHUHQW UHOLJLRQV LQFOXGH the judge uses the analogy argument method E\ ¿QGLQJ RWKHU OHJDO SURYLVLRQV WKDW KDYH similarities or resemblances in law as the provisions of obligatory wills LQ WKH .+, VSHFL¿-FDOO\ IRU DGRSWHG FKLOGUHQ DQG IR'HU SDUHQWV besides for overcoming a legal vacuum and the demand in the community to get the same assessment. The similarities in the law cause the rules that apply to one event to also apply to other events, so the provisions of obligatory wills for adopted children also apply to chil-GUHQ RU KHLUV RI GLuHUHQW UHOLJLRQV 32 In the perspective of Islamic Law, the realization of obligatory wills, is in line with the Islamic view as a religion that aims to real-L]H DQ HPERGLPHQW RI WKH SULQFLSOHV RI MX'LFH and compassion contained in the teachings of Islam as mentioned in the Quran and some KDGLWKV $uHFWLRQ LQWHUWZLQHG LQ D IDPLO\ FDQ be realized by giving a part through a will as D IRUP RI DuHFWLRQ EHWZHHQ PDQNLQG (YHU\thing is intended for goodness, avoiding con-ÀLFWV LQ WKH ZRUOG WKDW KDYH D PDMRU LPSDFW on the creation of harmony and peace of the family. In addition, there are some other scholars who also agree like Ibn Hazm, Ath-Thabari and Muhammad Rasyid Ridha that non-Muslim heirs will get inheritance from Muslim heirs through obligatory wills. Among the three scholars whose description is more complete and clear is Ibn Hazm.

It has been agreed by some ulamas that
According to him, "It is mandatory for every Muslim to give wills for relatives who GR QRW LQKHULW GXH WR VODYHU\ WKH H[L'HQFH of kufr (non-Muslims), being blocked or because simply do not get inheritance (they are not heirs), then a person should give a will for them (in this case there are no certain limitations). If he does not give a will, then heirs RU WKH JXDUGLDQV ZKR DGPLQL'HU ZLOOV VKRXOG give a will for them (relatives) in accordance with a decent size" 35 .
From Ibn Hazm's description above, it is clear that parents who do not inherit caused by not being Muslim (non-Muslim) are required to be given obligatory wills. If a Muslim does not make a will in his life, then heirs or the JXDUGLDQ ZKR WDNHV FDUH RI ZLOOV PX' FDUU\ out the will. Thus, the obligation to give wills is not only someone's responsibility in executing religious orders (to make a will), but it can also be imposed if he neglects to implement it EHFDXVH LW UHODWHV WR WKH LQWHUH'V RI VRFLHW\ The obligation to make a will for every Muslim, as explained by Ibn Hazm, is based to the argument of the Qur'an in al-Baqarah YHUVH 7KH XQGHU'DQGLQJ RI ,EQ +D]P about the verse mentioned above is certainly a OLWWOH ELW GLuHUHQW IURP ZKDW WKH jumhur schol-DUV XQGHU'DQG WKDW WKH REOLJDWLRQ YHUVH DERYH has been entered into by the inheritance verse, which has determined the inheritance portion for both parents and other relatives. The un-GHU'DQGLQJ RI WKH jumhur VFKRODUV LV 'UHQJWKened by an authentic hadith that forbids making a will to heirs. The hadith is as follows: "Allah has given to every person who has the right his rights (inheritance), thus it is forbidden to make wills to heirs" (Narrated by Abu Daud, Tirmidhi and Ibn Majah The rights to receive obligatory wills for QRQ 0XVOLP KHLUV DV 'DWHG LQ WKH GHFLVLRQ of the Supreme Court of the Republic of Indonesia can be regarded as an attempt to the discovery of law (UHFKWYLQGLQJ) for the inheritance of Islam in Indonesia and also in the whole Islamic world because in other Is-ODPLF 'DWHV VXFK DV (J\SW 6\ULD 7XQLVLD DQG Morocco obligatory wills are only given to grandchildren whose parents have died not to non-Muslim heirs. The judge who decides this case may be considered to make a legal discovery (UHFKWYLQGLQJ) using the Sociological Juridical method by adopting the opinion of Hazairin, while Hazairin himself adopted the Ibn Hazm's opinion who based his idea on the fact that Islam is a UDKPDW OL ¶O µkODPvQ (goodness for the entire world) religion which XSKROGV WKH SULQFLSOH RI EDODQFHG MX'LFH WKH principle of certainty (absoluteness), and individual and bilateral principles. Even though the decision of the Supreme Court of the Republic of Indonesia grants obligatory wills to non-Muslim heirs only represents a minority in the tradition of Islamic legal thoughts, it should be valued as a result of the discovery of law in an attempt to actualize the Islamic law LQ WKH SOXUDOL'LF ,QGRQHVLDQ SHRSOH ZKHWKHU LQ VRFLDO FXOWXUDO OHJDO DQG UHOLJLRXV ¿HOGV VR that Islamic law does not lose its identity as a UDKPDW OL ¶O µkODPvQ.
The renewal of the law carried out by the Supreme Court of Indonesia in relation to providing obligatory wills to non-Muslim heirs is D UHQHZDO RI D OLPLWHG QDWXUH ZKLFK 'LOO SRsitions non-Muslim heirs as people who are blocked from inheriting Muslims' properties as agreed by the ulamas (LMPkµ). But on the other hand, it seems that if the Supreme Court allowed non-Muslim heirs not to get anything from the inheritance left by Muslims is less relevant to the legal values and norms in Indonesian society, so the solution is by providing obligatory wills which basically has quite sig-QL¿FDQW GLuHUHQFHV IURP WKRVH ZKRVH 'DWXV is heirs in particular in receiving inheritance portion.
In the context of Indonesia, obligatory wills for Non-Muslim heirs relate to the value and the people of Indonesia who have a social contract to live in harmony, peace, mutual respect, and do not undermine human dignity on any basis such as ethnicity, culture and religion. The social contract has been outlined LQ WKH 'DWH FRQ'LWXWLRQ QDPHO\ 3DQFDVLOD DQG WKH &RQ'LWXWLRQ 7KH &RQ'LWXWLRQ as an elaboration of Pancasila which has recently undergone amendments in many parts of its articles outlines the protection of human ULJKWV ZKLFK QRW RQO\ DV D UHÀHFWLRQ RI WKH wishes of the people of Indonesia, but also has become the desire of the global community.

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The legal provisions obligatory wills for ad-RSWHG FKLOGUHQ DQG IR'HU SDUHQWV ZKRVH LQKHUitance rights are blocked when they have not UHFHLYHG ZLOOV IURP WH'DWRUV DV 'LSXODWHG LQ the Islamic Law Compilation (KHI) as a prod-XFW RI 3UHVLGHQWLDO ,Q'UXFWLRQ LV QRW EDVHG RQ the order of laws and regulations in Indonesia. Nonetheless, the majority of judges in the Indonesian Religious Court made KHI as a binding basis in inspecting cases and giving legal verdicts. The issue of verdict by the judge on WKH WUDQVIHU RI REOLJDWRU\ ZLOOV WR IR'HU SDUents and the extension of the verdict to non-0XVOLP KHLUV GLuHUHQW UHOLJLRQV DV ZHOO DV to children from unmarried couples are an act RI D OHJDO EUHDNWKURXJK WR H'DEOLVK D QHZ ODZ for those who are hindered to receive inheritance. The amount of obligatory wills with a PD[LPXP RI RI WKH WH'DWRUV ¶ SURSHUWLHV LV QRW IRXQG LQ D WUX'HG UHIHUHQFH VKkULK both in the Quran and Hadith, but it falls within the HuRUWV LMWLKkG) of scholars.
The basic consideration for obligatory wills by the judges of the Indonesian Reli-JLRXV &RXUW DV D OHJDO EUHDNWKURXJK WR ¿QG D law (UHFKWYLQGLQJ) in the Islamic inheritance law on the basis of the freedom principle it has to give a legal verdict which is not regulated in the material law of the Indonesian law. Through the extension of obligatory wills application which not only applies to adopted FKLOGUHQ DQG IR'HU SDUHQWV EXW DOVR WR QRQ 0XVOLP KHLUV GLuHUHQW UHOLJLRQV DQG FKLOGUHQ from unmarried couples through a sociological juridical method, ¿TK, and the implemen-WDWLRQ RI WKH SULQFLSOH RI EDODQFHG MX'LFH DQG WKH SULQFLSOHV RI FHUWDLQW\ DQG EHQH¿WV ZKLFK are aimed for goodness as well as a form of HPERGLPHQW RI DuHFWLRQ FRQWDLQHG LQ WKH teachings of Islam.