PENGEMBANGAN KONSEP WAJIB WASIAT DI MAHKAMAH AGUNG DAN IMPLIKASINYA TERHADAP PEMBAHARUAN HUKUM DI INDONESIA

Abstract

This research reveals the development of the concept of mandatory wills in the Supreme Court. Even though there is already a concept of mandatory wills regulated in article 209 of the Compilation of Islamic Law, the Supreme Court has reformed Islamic law by expanding the scope of granting mandatory wills to non-Muslim heirs, stepchildren and siblings' children. This research is classified as library research by examining various reading literature that is related to the issue being studied. This research found that the development of giving mandatory wills to non-Muslim heirs, stepchildren and siblings' children at the Supreme Court was a product of judges' ijtihad through new ijtihad methodology reforms and revolutionary thinking so that Islamic law could truly be a solution to current developments increasingly modern and complex. The panel of judges, in granting mandatory wills to non-Muslim heirs, stepchildren and siblings' children, prioritizes the principle of benefit which is oriented towards maqasid al-syari'ah to preserve religion, soul, mind, lineage and property in the distribution of inherited assets. The presence of this decision also provides a new color and concrete evidence that there has been a reform of the Islamic inheritance law system in Indonesia which is adapted to the characteristics of Indonesian society which is diverse in terms of ethnicity, social, culture, politics and religion.