Thewajibahwill: alternative wealth transition for individuals who are prevented from attaining their inheritance

Zakiul Fuady Muhammad Daud and Raihanah Azahari

International Journal of Ethics and Systems, 2019, vol. 38, issue 1, 1-19

Abstract: Purpose - The purpose of this paper is to identify the conditions of thewajibah(obligatory) will under compilation of Islamic law (KHI) and the application and rationale ofwajibahwills in religious justice. Thewajibahwill is a form of judicial wealth transition that can deliver an inheritance to an heir who is not otherwise eligible for it. It is implemented in some Islamic countries, including Indonesia, based on the KHI. Design/methodology/approach - This is a descriptive qualitative study that uses documentation as a data-collection method. This study applies the content-analysis method to the data collected. Findings - The results of study indicate that, under KHI, awajibahwill only be given to adopted children. Nevertheless, in the practice of religious justice, thewajibahwill is also granted to heirs of faiths other than Islam and to illegitimate children. The rationale for thewajibahwill involves historical factors and public considerations. Originality/value - This paper provides information on the practice of thewajibahwill in Indonesia in view of the plurality of the Indonesian people. Thus, thewajibahwill is an appropriate instrument to attain justness in the well-being of the community. This paper also attempts to give a critical review of the practice based on five necessities.

Keywords: Indonesia; Wajibah will; Wealth transition; Compilation of Islamic law (KHI) (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:eme:ijoesp:ijoes-09-2018-0133

DOI: 10.1108/IJOES-09-2018-0133

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