The wajibah will: alternative wealth transition for individuals who are prevented from attaining their inheritance

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.

Citation

Muhammad Daud, Z.F. and Azahari, R. (2022), "The wajibah will: alternative wealth transition for individuals who are prevented from attaining their inheritance", International Journal of Ethics and Systems, Vol. 38 No. 1, pp. 1-19. https://doi.org/10.1108/IJOES-09-2018-0133