Komparasi Penerapan Al-Wasiah Al-Wajibah Mesir Dan Indonesia

Abstract

Islamic Family Law underwent reform in the 20th century. One of the reform phenomena that developed in the ijtihad of the scholars, namely Al-Wasiah Al-Wajibah, is part of the legal reform efforts in the Islamic world, which has now been implemented, especially in Indonesia. However, the results of this reform effort are still far from perfect, because there are still many problems in the distribution of inheritance through mandatory wills. As a result, Indonesian scholars have agreed to implement mandatory wills in the Compilation of Islamic Law (KHI), following and developing Egyptian law No. 71 of 1946. This research uses a comparative descriptive method and collects data through a literature review, referring to fiqh sources from both classical and contemporary sources, as well as articles in the Compilation of Islamic Law (KHI) on the issue of compulsory probate. Compulsory probate is a new rule introduced by Middle Eastern scholars, especially in Indonesia and Egypt, followed by other Middle Eastern Islamic countries.