Application of Inheritance Law in Interfaith Marriages: Legal Challenges and Solutions

Abstract

Interfaith inheritance in Indonesia reflects a complex legal issue because it involves conflicts between religious values and national legal principles. Under Islamic law, interfaith inheritance is not permitted, while the Civil Code does not differentiate between the religions of the testator and the beneficiary. This condition creates conflicting norms and legal uncertainty in judicial practice, especially when judges are faced with the choice of which legal system to apply. This study aims to analyze the legal disharmony between religious norms and national law and to find a just and humane legal solution for resolving interfaith inheritance cases. The research method used is normative juridical with a statutory, conceptual, and case study approach, using primary, secondary, and tertiary legal materials. The results show that the absence of specific regulations leads to differences in court decisions and weak legal certainty. A possible solution is through the concept of mandatory wills as a bridge between religious principles and the principle of substantive justice. This study concludes the need for harmonization of national inheritance law to be more inclusive, just, and respectful of the plurality of Indonesian society.