DEVELOPMENT AND POLEMIC RENEWAL OF INHERITANCE LAW AND COMPULSORY WILLS IN INDONESIA

Abstract

This article seeks to delve into the extent of development and updates in Islamic civil law from the colonial era of Dutch rule to post-independence Indonesia. This research will focus on exploring the updates in Islamic civil law regarding inheritance and wills. It is a literature study with a normative-historical approach aimed at tracing the development and updates of inheritance and wills law in Indonesia, as well as the dialectics of thought attempting to oppose it. The innovations in inheritance and wills in Indonesia include substitute heirs, peace in estate division, adopted heirs, and compulsory wills. Substitute heirs provide a solution for heirs who are hindered from inheriting because their parents passed away first. Peace in estate division allows for the realization of equal distribution with a mutual agreement, while compulsory wills provide a solution for adopted children to still receive a third of the inheritance even if they do not have a blood relationship.