The wajibah will: alternative wealth transition for individuals who are prevented from attaining their inheritance
International Journal of Ethics and Systems
ISSN: 2514-9369
Article publication date: 27 May 2019
Issue publication date: 12 January 2022
Abstract
Purpose
The purpose of this paper is to identify the conditions of the wajibah (obligatory) will under compilation of Islamic law (KHI) and the application and rationale of wajibah wills in religious justice. The wajibah will 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, a wajibah will only be given to adopted children. Nevertheless, in the practice of religious justice, the wajibah will is also granted to heirs of faiths other than Islam and to illegitimate children. The rationale for the wajibah will involves historical factors and public considerations.
Originality/value
This paper provides information on the practice of the wajibah will in Indonesia in view of the plurality of the Indonesian people. Thus, the wajibah will 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
Citation
Muhammad Daud, Z.F. and Azahari, R. (2022), "The
Publisher
:Emerald Publishing Limited
Copyright © 2019, Emerald Publishing Limited