ASPECTS OF MAQOSID SYARIAH IN SUCCESSOR HEIRS AND OBLIGATORY WILLS (Implementation Study in Indonesia and Egypt)

Abstract

Maqasid syariah, the creator of sharia law, whose fundamental basis is Allah in establishing laws with the aim of providing benefits to humans, namely by fulfilling the needs of daruriyyat, hajiyat, and tahsiniyyat so that humans can live in goodness and become good servants of Allah. The perspective of maqasid syariah on substitute heirs and mandatory wills in the Compilation of Islamic Law, based on the theory of the purpose of law for benefit (maqasid syariah), states that substitute heirs and mandatory wills can be recognized in Islamic law. This is because, overall, these two concepts demonstrate the flexibility of Islamic inheritance law in adapting to social developments and ensuring that certain parties do not lose their rights in the distribution of inheritance. Substitute heirs protect the direct descendants of the deceased, while mandatory bequests give rights to parties who are considered important, even though they do not directly qualify as heirs. Certain inheritance cases in Indonesia and Egypt have different terms, where in Indonesia it is known as a substitute heir, meaning that if the heir dies before the testator, his position can be replaced by his child (the testator's grandchild).  Mandatory wills in Indonesia are intended for adopted children and adoptive parents, and even include non-Muslim relatives, while in Egypt, mandatory wills are for grandchildren whose parents have died before the testator (grandparents), and the maximum limit of the will given to the grandchild is one-third of the estate. If the heir gives a will that benefits the grandchild more than one-third, this is permissible