Comparison of waṣiyyah wājibah practices in Malaysia and Indonesia
| Themes | Malaysia | Indonesia | |
|---|---|---|---|
| Waṣiyyah wājibah beneficiaries | Waṣiyyah wājibah for excluded grandchildren | Muslim Wills (State) Enactments MKI | Not provided in KHI Considered as “replacement beneficiaries” in Article 185, KHI |
| Waṣiyyah wājibah for adopted children/parents | Not provided in Muslim Wills (State) Enactments and MKI Considered as ordinary waṣiyyah | Article 209, KHI | |
| Waṣiyyah wājibah for non-Muslims | Not provided in Muslim Wills (State) Enactments and MKI Considered as ordinary waṣiyyah | Refer to case number 16 K/AG/2010 2554/Pdt.G/2011/PA 59/K/AG/2001 | |
| Waṣiyyah wājibah for children of adultery | Not provided in Muslim Wills (State) Enactments and MKI Considered as ordinary waṣiyyah | Article 11, MUI fatwa (2012) | |
| Method of waṣiyyah wājibah distribution | Proportion | Less than one-third | Less than one-third |
| Method of calculation | Munāsakhah (layered death) | Enforce waṣiyyah wājibah prior to farāʾiḍ distribution (adopted children) or Consider the beneficiaries as farāʾiḍ beneficiaries (non-Muslim beneficiaries) | |
| Themes | Malaysia | Indonesia | |
|---|---|---|---|
| Muslim Wills (State) Enactments | Not provided in KHI | ||
| Not provided in Muslim Wills (State) Enactments and MKI | Article 209, KHI | ||
| Not provided in Muslim Wills (State) Enactments and MKI | Refer to case number | ||
| Not provided in Muslim Wills (State) Enactments and MKI | Article 11, MUI fatwa (2012) | ||
| Method of | Proportion | Less than one-third | Less than one-third |
| Method of calculation | Enforce | ||
Source(s): Authors' own
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