Juridical Analysis Of Religious Court Rulings On The Application Of Mandatory Bequest For Heirs Of Nonmuslim Faith In Lampung Province

Abstract

Article 209 of the Compilation of Islamic Law confines the legal arrangement of mandatory bequest to relationships between adoptive parents and adopted children. Judicial practice has nevertheless extended this mechanism to disputes involving non-Muslim family members. However, differences in legal interpretation remain evident across Supreme Court precedents. This study adopts an empirical juridical method, employing sociological and case approaches. The findings reveal that judicial reasoning in Supreme Court jurisprudence has evolved from the exercise of independent legal reasoning toward a greater consideration of justice in light of the specific circumstances of the relationship between the deceased and the parties claiming an entitlement to the estate. In Lampung Province, Tanjungkarang Religious Court Decision No. 2177/Pdt.G/2022/PA.Tnk draws on precedent that considers the blood ties between the deceased and their non-Muslim siblings.