Juridical Analysis of the Evidentiary Strength of Oral and Written Wills According to Islamic Law (Study of Religious Court Decision Number 154/Pdt.G/2024/PA Pra)

Abstract

KHI recognizes oral and written wills with 2 (two) witnesses. This normative juridical research analyzes the evidentiary strength of both forms of wills in Decision Number 154/Pdt.G/2024/PA.Pra. Research findings indicate that oral wills have weak legal strength as they depend on witness testimony, while written wills, particularly notarial authentic deeds, possess perfect evidentiary strength according to Article 1870 of the Civil Code. The panel of judges rejected the oral will claim due to lack of written evidence and valid testimony. Written wills through authentic deeds ensure legal certainty and minimize inheritance disputes.