Normative analysis reveals differences in wills under civil code and Islamic law, suggesting improvements for future regulations.
This study aims to determine the legal relationship between the Civil Code and Islamic Law and to determine the impact of differences in legal approaches between the Civil Code and Islamic Law in resolving Wills Grant disputes. The research method used in this research uses normative research methods by reviewing various literature, regulations, journals, articles and other areas of literature. The legal material analysis method used is the collection of legal material carried out through the literature which includes a research library of documents related to the problem to be studied. The research results show that a testamentary gift is a testamentary determination with a name that bequeaths to one or more people certain items from their inherited assets or provided items of a certain type. A will can be revoked or canceled so that it is no longer binding. It can be said that the testamentary gift can be withdrawn. In the matter of withdrawing a will grant in civil law and Islamic law, it is due to a judge's decision which has legal force as explained in article 197 of the Compilation of Islamic Law paragraphs 1, 2 and 3. The provisions of a will grant in Islamic law are that a person may hand over his property to other people, the delivery must not exceed a predetermined level. Research Recommendations: One way of granting a will according to Islamic law requires witnesses who can be trusted and can confirm the last words, signs and writings. And the suggestion is for legislators that if they want to form a new law regarding wills, they should communicate with experts who understand Islamic law better in order to create positive law that suits the needs of Indonesian society.
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Humairah et al. (2025) studied this question.
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