Keadilan Kewarisan Beda Agama: Integrasi Maqāṣid Al-Sharī‘Ah dan Hukum Positif Indonesia

Abstract

Cross-religious inheritance remains a contested legal issue in Indonesia because it involves the tension between classical Islamic inheritance doctrine, which generally prohibits inheritance between individuals of different religions, and the demand for substantive justice in a pluralistic society. The development of judicial practice through the application of wasiat wajibah (mandatory bequest) reflects an effort to harmonize Islamic law with Indonesian positive law while maintaining the fundamental principles of Sharīʿah. This study aims to examine cross-religious inheritance from the perspective of Islamic law and analyze the formulation of Indonesian positive law in achieving justice through the wasiat wajibah mechanism based on the maqāṣid al-sharīʿah approach. This study employs normative legal research using statutory, conceptual, case, and comparative approaches. Legal materials consist of primary sources, including legislation, the Compilation of Islamic Law, and Supreme Court decisions, as well as secondary sources from books, scholarly journals, and relevant literature. The materials were analyzed qualitatively using descriptive-analytical methods. The findings indicate that although the prohibition of cross-religious inheritance retains normative legitimacy in Islamic jurisprudence, wasiat wajibah represents a form of legal ijtihād that balances Islamic legal principles with substantive justice. From the perspective of maqāṣid al-sharīʿah, this mechanism can protect religion, property, and family relationships. Therefore, stronger legal regulation is needed to ensure consistent legal certainty and equitable protection in Indonesia's pluralistic society.