Mandatory Wills: Control, Basic Law, Goals, And Procedures

Illustration of obligatory wills. (Freepic)

YOGYAKARTA - The Supreme Court applies contemporary Islamic law, if parents have a different religion from their children, then they are considered to have left their will.

The law of heritage will be applied when a person dies. In legacy, there is a transition of inheritance and distribution of inheritance to heirs. The transfer of inheritance inheritance and its distribution to heirs is not only reviewed from people who get inheritance, but also from those who prevent the heirs from receiving inheritance. In addition to the transfer of inheritance property according to their respective parts as stated in QS letter An-Nisa, there is a transition of inheritance by means of will.

In QS letter al-Baqarah verse 180, Allah forgives you, 'If you leave a lot of property, it is obligatory for you if the signs of death come to you to take care of your father's mother and relatives well.'

In this verse, it explicitly states that the will is the responsibility of those who fear Him. However, the fuqaha clerics (fiqh experts) have different opinions about the law of this will by referring to the argument of hadiths put forward.

The obligatory will is one of the topics that is often discussed in the study of Islamic heirs law. This term is not always known by many people, but the concept has an important role in determining the rights of heirs who are neglected in the distribution of inheritance assets.

In a sense, the will of obligatory is a will given by a person who has died, with the aim of giving inheritance rights to someone who should receive part of the inheritance in accordance with Islamic law, but does not get it because of a case. Generally, this happens when an heir is neglected or does not receive his rights because there is a division of inheritance that is not in accordance with the provisions of the Shari'a.

With a simpler understanding, the obligatory will can be understood as a statement of an heir in handing over inheritance rights to a heir who is legally entitled, but does not get any part of the inheritance, either for reasons of ignorance or wrongdoing in the division of inheritance assets previously carried out.

Judging from the Islamic heirs law, the will of obligatory is regulated in the book of al-Fiqh which is held by various schools, especially Mazhab Syafi'i. The legal basis related to the will of obligatory comes from the principles of justice contained in the Qur'an and Hadith, which regulates the rights and obligations between the heirs and the heirs.

One of the verses that became the basis for the rule of inheritance law in Islam, namely Surah An-Nisa' verse 7 which explains inheritance rights for men and women, both biological and other descendants. However, sometimes in the practice of inheritance sharing, there are some heirs who may not be counted, especially if there are errors in the division or if there is a different view between the heirs one with the other.

In general, those who are entitled to obligatory wills are those who should receive inheritance but do not receive these rights due to mistakes or injustice in the distribution of inheritance assets. In many cases, neglected heirs are children who are not mentioned in wills or inheritance distributions carried out by other parties.

However, recipients of obligatory wills are generally limited to only legal heirs according to Islamic law, such as biological children, parents, or married couples who have not received inheritance rights in accordance with applicable regulations.

The purpose of the obligatory will is to ensure that every legitimate heir receives their inheritance rights, in accordance with what is stipulated in Islamic law. The objectives of the implementation of this obligatory will include:

Sometimes in the division of inheritance, there is a possibility that a person can not receive part because of ignorance or other mistakes. The obligatory will is made to ensure that their rights do not just disappear.

The obligatory will aims to correct the injustice that could occur in the distribution of inheritance assets, by ensuring that each heir receives their rights in accordance with Islamic law.

With the obligatory will, disputes related to inheritance distribution can be minimized due to the distribution of inheritances carried out more clearly and fairly.

To carry out the obligatory will, there are several procedures that must be carried out. Below are general steps in granting wills:

The first step is to identify who the heirs are supposed to receive part of the inheritance but do not get that right.

The obligatory will must be prepared by the heirs or heirs who feel they have an obligation to grant rights to neglected parties. This will must be legal according to law and some competent parties must be witnesses.

After the will is prepared and ratified, the inheritance is only distributed in accordance with the provisions recorded in the obligatory will. Generally, this distribution is carried out by a court or notary who has the authority.

Such is the review of the meaning of obligatory wills, destinations, and procedures that can be done. Visit VOI.id to get other interesting information.