Analysis of Maqasidiyyah on the compilation of Islamic law and the egyptian Al-Wasiyah law regarding Wajibah bequest from Ibn Ashur's perspective

Arifin, Zainal, Hamidah, Tutik, Mahmudi, Zaenul ORCID: https://orcid.org/0000-0002-5452-039X and Rouf, Abd. (2025) Analysis of Maqasidiyyah on the compilation of Islamic law and the egyptian Al-Wasiyah law regarding Wajibah bequest from Ibn Ashur's perspective. Muslim Heritage, 10 (1). pp. 15-30. ISSN 2502-5341

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Abstract

Islamic law in Indonesia is developing rapidly, including wasiat wajibah in the KHI, which is the mandatory transfer of property between parents and adopted children through a court decision. This study is normative in nature, employing the maqasid syari’ah approach of Ibn Asyur. The study aims to analyze the concept of wasiat wajibah as stipulated in the KHI, comparing it with the Egyptian Qanun to determine whether it aligns with the objectives of Islamic law. This study found several results: 1) Mandatory wills in the KHI are given to adopted children and adoptive parents, with a maximum of 1/3 of the estate. In the Egyptian Qanun, wills are given to grandchildren whose fathers died while their grandparents were still alive and who are prevented from inheriting. 2) In Indonesia, the concept of mandatory bequests has been expanded through a Supreme Court ruling to include adopted children, adoptive parents, and relatives barred from inheritance such as nonMuslims, stepchildren, and children born out of wedlock. In Egypt, according to a ruling by Darul al-Ifta, mandatory bequests are given to grandchildren if their father dies before their grandfather or grandmother. 3) According to Ibn Asyur's maqasid Syariah, the reformulation of Article 209 of the KHI regarding wasiat wajibah is in line with maqasid syariah because it preserves lineage, regulates inheritance proportionally, and creates clarity and peace between heirs and recipients of wasiat wajibah.

Item Type:	Journal Article
Keywords:	Wajibah Bequest; KHI; Al-Wasiyah Law; Ibn Ashur.
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012816 Mawaris (Inheritance)
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Zaenul Mahmudi
Date Deposited:	02 Dec 2025 08:57

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