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Today’s Legal Enlightenment (Tuesday, 20 September 2022)-THE GRANTING OF A SHARE OF INHERITANCE TO NON-MUSLIM HEIRS THROUGH MANDATORY WILL (WASIYAT WAJIBAH)

The decision to grant a share of inheritance to non-Muslim heirs is a new occurrence in Indonesia’s Islamic inheritance law system.

Judges can carry out mandatory will (wasiat wajibah) on the basis of benefit (kemaslahatan) because the non-Muslim heir really needs it, and the heir is never harmed by the non-Muslim heir. The granting of this share is also based on the benefit of maintaining the well-nurtured integrity of the family.

Supreme Court Decision No. 51 K/AG/1999

Best regards,

Fredrik J. PInakunary


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