PROVIDING A PART OF INHERITANCE PROPERTY TO NON-MUSLIM HEIRS THROUGH A WASIYAT WAJIBAH
RI Supreme Court Decision Number 51 K/AG/1999 which amends the Decision of the Yogyakarta Religious Court Number 83/1997/YK concerning the Granting of Shares of Inheritance to Non-Muslim Heirs Through Wajibah Wills. This decision which gives shares to non-Muslim heirs is something new in the Islamic inheritance law system in Indonesia.
The obligatory will can be carried out by a judge on the basis of benefit, because the non-Muslim heir really needs it and the heir while he was alive was never harmed by the non-Muslim heir. The provision of this share is also based on benefits in order to maintain the integrity of the family which has been well developed over the years.
Source: Article Dr. H. Ahmad Zaenal Fanani, SHI, MSi, Judicial Varia No.389, April 2018, p. 46 and 47.
Regards,
Fredrik J. Pinakunary