Justice for Non-Muslims in Islamic Courts: Interfaith Inheritance Distribution

Hotnidah Nasution, Ahmad Rifqi Muchtar, Windy Triana

2018

Abstract

In dealing with the complexity of inheritance distribution cases involving Muslim and non-Muslims, judges in the Indonesian Religious Courts have used the method of wasiyya al wajiba or obligatory bequest. This means that non-Muslim successors can obtain the share from their deceased relatives’ property through the obligatory bequest. One of the jurisprudence used is the Supreme Court Decision No. 368 K/AG/1995. By examining jurisprudences and Religious Court decisions pertaining to the interfaith inheritance cases, this paper found out that the judges’ decision to grant non-Muslims with wasiyya al wajiba is based on the notion of maslaha and by considering the good relationship between the deceased and the successors, which are not Muslims. Apart from that, one of the decisions also granted non-Muslim successors with the status of substitute heirs, which are usually given to Muslim successors. These methods are chosen as judges’ caution in dealing with the complexity of Muslim inheritance system. Despite the emerging controversies, this scheme is still one of the safest choices in resolving this sensitive issue.

Paper Citation

in Harvard Style

Nasution H., Muchtar A. and Triana W. (2018). Justice for Non-Muslims in Islamic Courts: Interfaith Inheritance Distribution.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1019-1024. DOI: 10.5220/0009922210191024

in Bibtex Style

@conference{icri18,
author={Hotnidah Nasution and Ahmad Rifqi Muchtar and Windy Triana},
title={Justice for Non-Muslims in Islamic Courts: Interfaith Inheritance Distribution},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1019-1024},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009922210191024},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Justice for Non-Muslims in Islamic Courts: Interfaith Inheritance Distribution
SN - 978-989-758-458-9
AU - Nasution H.
AU - Muchtar A.
AU - Triana W.
PY - 2018
SP - 1019
EP - 1024
DO - 10.5220/0009922210191024