DEVELOPMENT OF THE REGULATION RELATED TO OBLIGATORY BEQUEST (WASIAT WAJIBAH) IN INDONESIAN ISLAMIC INHERITANCE LAW SYSTEM
Abstract: This research
examine the development of regulation of wasiat wajibah, its legal
consideration and the implementation in Religious Court. This research founds
the addition of legatee of wasiat wajibah which are children born out of
wedlock, children in unregistered marriage, and stepchildren. The consideration
of those addition are relation between Inheritance Law with Marriage Law
System, relation of legal rights and responsibilities, status of children
through Constitutional Court Decision No.46/PUU-VIII/2010, the application of
Qiyas method,, and the objective of justice in Inheritance law. In Religious
Court, judges only give wasiat wajibah to children born out of wedlock.
Keywords: wasiat wajibah,
child born out of wedlock, children born in unregistered marriage, and step children
Author: Haniah Ilhami
Journal Code: jphukumgg150059