Application of Justice Principles in Islamic Inheritance Disputes: Kompilasi Hukum Islam and Supreme Court Jurisprudence

Abstract

This article examines how principles of justice are applied in Indonesian Islamic inheritance disputes through the interaction between the Kompilasi Hukum Islam (KHI) and Supreme Court jurisprudence. The study uses normative legal research with statute, conceptual, and case approaches, focusing on KHI, relevant legislation, and Supreme Court decisions concerning wasiat wajibah. The selected decisions show a gradual judicial development: Decision No. 368 K/Ag/1995 recognised a compulsory bequest for a child who had converted from Islam; Decision No. 16 K/Ag/2010 extended the approach to a non-Muslim spouse in light of a long marital relationship and care; and Decision No. 331 K/Ag/2018 considered a non-Muslim wife’s care for her husband when determining a bequest. The analysis distinguishes the status of an heir under Article 171(c) KHI from the separate position of a person who may receive wasiat wajibah through judicial interpretation. It argues that substantive justice should be pursued through a bounded contextual approach that requires evidence, proportionality, transparent legal reasoning, and protection of other heirs’ legitimate expectations. The article contributes a doctrinal framework for reconciling legal certainty, family protection, and human-rights values in Islamic inheritance adjudication.