Inheritance Distribution for Heirs of Different Religions: A Juridical Review Based on the Compilation of Islamic Law in Indonesia

Abstract

Inheritance distribution is a fundamental aspect of Islamic family law, normatively regulated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) in Indonesia. One of the persistent issues that generates legal debate concerns the status of heirs who have different religions from the deceased. Classical Islamic law does not grant inheritance rights to heirs of different religions, as religious difference is considered a legal impediment to inheritance. However, in the Indonesian context, legal developments and judicial practices have introduced various approaches to address this issue, including the application of the concept of wasiat wajibah (mandatory bequest). This study aims to conduct a juridical analysis of inheritance distribution for heirs of different religions based on the Compilation of Islamic Law and to examine its implementation in Indonesian judicial practice. This research employs a normative legal method with statutory and conceptual approaches. The legal materials used include primary, secondary, and tertiary sources relevant to the issue. The results indicate that the Compilation of Islamic Law does not explicitly regulate inheritance rights for heirs of different religions; however, it provides an alternative mechanism through the concept of wasiat wajibah as a form of legal protection and social justice. In practice, judges play a significant role in interpreting the law to bridge the gap between religious norms and the realities of a pluralistic society. Therefore, strengthening legal regulations and ensuring consistency in court decisions are necessary to achieve legal certainty, justice, and utility in inheritance distribution for heirs of different religions in Indonesia.