WASIAT WAJIBAH SEBAGAI INSTRUMEN KEADILAN HORIZONTAL BAGI AHLI WARIS NON-MUSLIM: ANALISIS QARDHAWI DAN HUKUM NASIONAL

Abstract

Abstract

The issue of interfaith inheritance is one of the sensitive themes in Islamic family law in Indonesia. Social reality indicates an increase in cases of interfaith marriage or apostasy, which often causes non-Muslim heirs to be hindered from receiving inheritance assets due to the principle of religious difference in classical jurisprudence (mawarith). The Sunni doctrine prohibiting inheritance between Muslims and non-Muslims is often considered horizontally unjust by the bereaved family. This study aims to analyze Yusuf al-Qardhawi's view on giving bequests to non-Muslim heirs as a form of justice and silaturahmi (maintaining family ties), and to examine the application of the concept of Mandatory Bequest (Wasiat Wajibah) in decisions of religious courts in Indonesia. The method used is normative legal research with a historical and doctrinal analysis approach. The results indicate that Qardhawi, through a maqashid syariah approach, views the prohibition of inheritance between religions as based on the context of political defense in the past. He issued a fatwa regarding the obligation to make a bequest (wasiat wajibah) for non-Muslim heirs as a realization of justice ('adl) and the maintenance of family ties. In the context of national law, the instrument of Mandatory Bequest regulated in the Compilation of Islamic Law can be reconstructed in its application, not only for grandchildren but also for non-Muslim parents, serving as a middle path (tawazun) that is valid according to Sharia and positive law.

Keywords: Mandatory Bequest; Non-Muslim Heirs; Yusuf Qardhawi; Inheritance Law; Horizontal Justice.