Inheritance Laws Of Different Religions: Political Analysis of Islamic Law in Indonesia

Abstract

The situation of the condition of differences in the religion of heirs and experts becomes a problem in itself when implementing inheritance law for Muslim communities. The book of fiqh and the Compilation of Islamic Law (KHI) as a reference for Muslims in Indonesia explain that religious differences are a barrier to inherit each other. How is the politics of Islamic law in Indonesia to address this problem in a pluralist society? As Bagir Manan said, the politics of Islamic law is the formulation, implementation and renewal of law, so Islamic inheritance law is still implemented as stipulated in the Marriage Law, the Law on Religious Courts and also the Compilation of Islamic Law, where heirs and heirs of different religions do not inherit each other, it's just that to overcome the differences in religion of heirs and heirs, Islamic law reform is carried out through the development of the concept of mandatory wills produced by Ibn Hazm. The politics of Islamic law on inheritance law of different religions is implemented through the legal sources of jurisprudence. The decisions of the Religious Court and the Supreme Court of the Republic of Indonesia grant inheritance to heirs of different religions through mandatory wills, not through inheritance law.