Legal Protection of the Rights of Non-Muslim Biological Children in the Distribution of Islamic Inheritance

Abstract

Indonesia, as a pluralistic nation, faces complex challenges in the implementation of inheritance law, particularly regarding the protection of the rights of non-Muslim children to inherit property from Muslim parents. This study analyzes the legal status of non-Muslim children from the perspective of Islamic inheritance law applicable in Indonesia, examines available legal protection measures, and evaluates the implications of Supreme Court jurisprudence for the unification of national inheritance law. This study uses a normative juridical method with a statutory and case-based approach. Data were collected through document studies, including primary legal materials in the form of laws and Supreme Court decisions, as well as secondary legal materials in the form of literature and scientific journals. Data analysis was conducted qualitatively using the theories of legal certainty, public interest, and legal protection. The research results show that: (1) Based on Article 171 letter c of the Compilation of Islamic Law (KHI), non-Muslim children do not have legal status as heirs of a Muslim testator because religious differences constitute a barrier to inheritance. (2) Legal protection for non-Muslim children can be achieved through lifetime gifts, ordinary will be limited to one-third of the estate, and mandatory will be based on a judge's decision. The Supreme Court, through various decisions, has made a legal breakthrough by applying the concept of mandatory wills to non-Muslim heirs. (3) The Supreme Court's jurisprudence has important implications for the unification of national inheritance law by creating uniformity in decisions and providing legal certainty. This research concludes that a mandatory will is a progressive legal solution to achieve substantive justice for non-Muslim children.