Inheritance disputes involving different religions are among the most complex issues in Indonesian family law. The issue involves more than property distribution. It also raises questions about religious requirements, blood relationships, family protection, justice, and legal certainty.
Under Islamic inheritance principles and the KHI, religious compatibility is an important requirement in determining inheritance rights. As a result, a child who is not Muslim generally cannot become a direct heir to a Muslim parent.
However, court practice in Indonesia has developed a different legal pathway in certain cases. Through the mechanism of a mandatory bequest, a non-Muslim child may still receive part of the deceased parent’s estate without being formally recognized as an heir under Islamic inheritance law.
A Legal Alternative Instead of Direct Inheritance
The study by Farhan Haban Nugraha and Harmono emphasizes that a mandatory bequest is legally different from direct inheritance.
Under this mechanism, the non-Muslim child does not receive property as an heir under the conventional rules of Islamic inheritance. Instead, the court may grant a portion of the estate through a bequest-based legal construction.
The researchers connect this development to Supreme Court jurisprudence, including Supreme Court Jurisprudence No. 1/Yur/Ag/2018 and Decision No. 51 K/AG/1999. These developments expanded the application of the mandatory bequest concept beyond its earlier applications involving adopted children and adoptive parents.
In practice, a mandatory bequest may provide an alternative way to address the needs of non-Muslim family members who have a direct blood relationship with a deceased Muslim parent.
The study explains that this mechanism is generally limited to no more than one-third of the estate. Because the recipient is treated as receiving a bequest rather than a direct inheritance, the mechanism creates a legal distinction between the prohibition of interfaith inheritance and the protection of family members.
Researchers Examine Regulations and a Court Ruling
Farhan Haban Nugraha and Harmono used a normative legal research method. In simple terms, the researchers analyzed legal regulations, court decisions, jurisprudence, legal theories, and relevant academic literature rather than conducting a field survey.
The study used two main approaches: a statutory approach and a case approach. The legal materials included Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, Supreme Court Jurisprudence No. 1/Yur/Ag/2018, Decision No. 51 K/AG/1999, and Ruling No. 232/Pdt.P/2026/PA.Sby.
The researchers focused on how inheritance rules are applied when a child and a parent have different religions. They also examined whether the court’s use of a mandatory bequest conflicts with the written provisions of the KHI or represents a form of judicial legal development.
Judges Fill a Legal Gap
One of the study’s key findings is the existence of a gap between written law and judicial practice.
The KHI does not recognize direct inheritance between individuals of different religions. Yet, in certain cases, judges have granted non-Muslim children access to part of a deceased Muslim parent’s estate through a mandatory bequest.
The researchers describe this development as a form of legal discovery, or rechtsvinding, and judicial activism. When existing regulations do not provide a clear solution to a real dispute, judges may interpret legal principles to resolve the case while considering justice and social realities.
In the ruling examined by the study, the court granted a portion of the estate to a non-Muslim child through the mandatory bequest mechanism. This approach demonstrates that judicial decision-making may involve more than applying written rules literally.
The researchers argue that the approach can help reduce potential conflict within families affected by religious differences. Blood relationships and family ties remain important social considerations, even when the recipient does not hold the formal status of an heir under Islamic inheritance law.
Legal Certainty Remains a Major Challenge
Although mandatory bequests may provide a solution in individual cases, the mechanism remains controversial because it is not explicitly regulated in detail by the KHI.
This creates the possibility of different interpretations and uncertainty when similar inheritance disputes arise in the future.
Farhan Haban Nugraha and Harmono argue that jurisprudence can help fill gaps in the law, but relying solely on court decisions may not provide sufficient long-term legal certainty.
The study therefore calls for legal reform or clearer regulation within Indonesia’s positive law system. More precise rules could help balance Islamic inheritance principles, the realities of a religiously diverse society, and the need to protect justice within families.
The study also identifies grants, or hibah, as another possible mechanism for transferring property to non-Muslim children. Unlike inheritance, a grant can be made while the property owner is still alive, allowing families to plan the distribution of assets in advance.
Implications for Families and Legal Practice
The findings have practical implications for families facing inheritance issues involving different religions. Understanding the legal differences between inheritance, mandatory bequests, and grants may help families reduce disputes and plan the transfer of assets more carefully.
For legal practitioners and courts, the study offers an analysis of the continuing development of Islamic inheritance law in Indonesia. For policymakers, it highlights the need to clarify the relationship between written regulations and evolving judicial practice.
More broadly, the study demonstrates how legal systems respond to social change. In a country with diverse religious communities and increasingly complex family relationships, inheritance disputes can involve not only property but also legal certainty, family unity, and the pursuit of substantive justice.
Author Profile
Farhan Haban Nugraha is the lead author of the study and is affiliated with Universitas Swadaya Gunung Jati Cirebon. His research in this article focuses on Islamic inheritance law, mandatory bequests, Islamic family law, and the development of judicial practice in interfaith inheritance cases.
Harmono, also affiliated with Universitas Swadaya Gunung Jati Cirebon, is the second author and contributed to the analysis of inheritance law and the development of Islamic legal principles within Indonesia’s legal system.
Research Source
Journal Article: “Inheritance for Non-Muslim Children from the Perspective of the KHI (Study of Ruling No. 232/Pdt.P/2026/PA.Sby)”
Authors: Farhan Haban Nugraha and Harmono
Affiliation: Universitas Swadaya Gunung Jati Cirebon
Journal: Indonesian Journal of Advanced Research (IJAR)
Publication Year: 2026
Volume: 5, Issue 7, Pages 1305–1318
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