Interpretation Heirs of Different Religions From The Perspective of Islamic Inheritance Law And Notariality

Abstract

This study aims to analyze the legal interpretation of determining heirs of different religions from the perspective of Islamic inheritance law and its implications for notarial practice in Indonesia. The research focuses on the legal status of heirs of different religions from a Muslim testator and the implications for drafting inheritance-related deeds by notaries. This research uses normative legal research with statutory, conceptual, and case approaches. Legal materials are obtained through literature studies consisting of legislation, court decisions, books, and scientific journals related to inheritance law and notarial practice. The study examines the development of legal interpretation in judicial practice, particularly regarding the granting of inheritance portions to non Muslim heirs through the mechanism of a mandatory will. In classical Islamic inheritance law, religious differences between the testator and the heir constitute an obstacle to inheritance. However, in Indonesian judicial practice, courts have developed progressive interpretations that allow non Muslim heirs to receive a share of the estate through a mandatory will to achieve substantive justice. This development reflects efforts to balance the objectives of law, namely justice, legal certainty, and legal benefit. From the perspective of notarial practice, these interpretations have significant implications because notaries frequently prepare deeds related to inheritance distribution, wills, and inheritance certificates. Notaries do not have the authority to determine the status of heirs but must ensure that deeds are made in accordance with applicable legal provisions and court decisions. Therefore, the role of notaries is essential in ensuring legal certainty and implementing judicial interpretations in inheritance practice in Indonesia's pluralistic legal system.