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

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