Inheritance Law: The Concept Of A Compulsory Will In Morocco Legal System (Comparative Study Of Mandatory Wills With Indonesia)

Abstract

As problems in society develop, legal reform is needed to address current issues that have never occurred in the past, one of which is family law in the field of inheritance. The issue of inheritance is a problem that is certain to occur and will be experienced by humans, so that inheritance law as a means for resolving inheritance is always interesting. A phenomenal problem in family law in the field of inheritance is the wajibah will, where grandchildren are made as substitute heirs. Comparative Theory of Legal Comparison (Tertium Comparationum) is a theory that discusses the starting point or specific criteria that form the basis for comparing how legal system A and legal system B and the theory of legal reconstruction (theory of legal sociology). Problem Formulation How is the application and implementation of the wajibah will in the family law system in Morocco? How is the application and implementation of the wajibah will in the Islamic family law system in Indonesia? First, the wajibah will in Muslim countries is influenced by the Islamic schools of jurisprudence, such as Maliki in Morocco, Shafi'i in Indonesia. Despite their different approaches, both demonstrate efforts to adapt Islamic inheritance law to social needs, whether through legal reform, recognition of adopted children and non-Muslim heirs, or alternatives such as gifts. Second, the application of wajibah wills in Indonesia is broader than in Morocco, because Indonesia does not apply the provisions of the Islamic Fiqh School but rather emphasizes justice and benefits (maslahah mursalah) that can be felt by the recipient of the will even though under Islamic law they are not actually entitled to receive the inheritance.