The Concept of Wasiat and Wasiat Wajibah in Indonesia From The Perspective of The Compilation of Islamic Law (KHI)

Wasiat and wasiat wajibah hold a significant position in Islamic law, particularly in the distribution of assets after the death of a decedent. Both share the same objective of granting rights to certain parties and take effect after the testator’s death, yet they differ in nature and implementation. Wasiat is voluntary and based on the will of the testator, whereas wasiat wajibah is a legal obligation granted to individuals who are not entitled to inheritance under Islamic law, such as adopted children or non-Muslim heirs. This study employs a normative legal research method with a statutory and jurisprudential approach. The primary legal source is Book II of the Compilation of Islamic Law (KHI), particularly Article 209 which regulates wasiat wajibah, while secondary sources include relevant literature and judicial decisions. The analysis is conducted qualitatively and descriptively by examining the consistency between legal norms and practice, and by connecting it with the principles of maqashid al-shariah. The findings indicate that the regulation of wasiat wajibah in KHI remains general and often results in multiple interpretations, making its implementation highly dependent on the role of judges. Several court decisions show that judges play a crucial role in determining the proportion of wasiat wajibah while maintaining fairness among heirs. In conclusion, more detailed provisions within KHI are necessary to ensure legal certainty, strengthen judicial discretion, and achieve justice as well as public benefit in the application of wasiat and wasiat wajibah in Indonesia.